Coroners Amendment Act 2020 (ACT)

Case

Coroners Amendment Act 2020

A2020-32

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Objects of ActSection 3BA (1) (d)  2

5            Section 3BA (2) (a)  3

6            New section 3BB  3

7           Meaning of death in custodySection 3C (1)  4

8            Section 3C (1) (c)  4

9            Deputy coroners’ functionsSection 9 (2)  4

10          Coroner’s jurisdiction in relation to deathsSection 13 (1) (i)  5

11          Consideration of immediate familySection 23 (1)  5

12          Decision not to conduct hearingSection 34A (2)  5

13          Notification of immediate familySection 37 (1)  5

14          Notice relating to conduct of hearingSection 38  6

15          Inquests into non-custodial deaths and inquiries—discretion to appoint counsel assistingSection 39 (1)  6

16          Section 39 (3), note  6

17          Section 54 heading  6

18          Section 54 (1)  7

19          New section 57A  7

20          Part 6 heading  7

21          Sections 69 to 71  7

22          Section 72 heading  8

23          Section 72  8

24          Section 73  8

25          Findings about quality of care, treatment and supervisionSection 74  8

26          Copies of reports of findingsSection 75 (1)  9

27          Section 75 (1) (b)  9

28          Section 75 (2)  9

29          Response to reportsSection 76 (1)  9

30          Section 78 heading  9

31          Section 78 (a)  10

32          Deaths in institutions—retention of records of dead personSection 100 (2)  10

33          Section 100 (4)  10

34          New section 100A  11

35          Annual report of courtSection 102 (2) (a)  11

36          Dictionary, new definition of death in care  11

37          Dictionary, definition of member of the immediate family, except note    12

Coroners Amendment Act 2020

A2020-32

An Act to amend the Coroners Act 1997

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Coroners Amendment Act 2020.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the Coroners Act 1997.

  4. Objects of Act
    Section 3BA (1) (d)

    after

    make recommendations

    insert

    and comments

  5. Section 3BA (2) (a)

    substitute

    (a)for an inquest into a person’s death—recognises the following:

    (i)the family and friends of the deceased person have an interest in having all reasonable questions about the circumstances of the person’s death answered;

    (ii)the death of a person, and an inquest into the person’s death, has a significant impact on the person’s family and friends;

    (iii)that where appropriate, members of the immediate family of the deceased person should be given the earliest opportunity to participate in, and be kept informed of the particulars and progress of, the inquest into the person’s death;

    (iv)that different cultures have different beliefs and practices about death that should, where possible, be respected; and

  6. New section 3BB

    insert

3BBMeaning of death in care

(1)In this Act:

death in care means the death of a person—

(a)while being taken into or detained in custody, or subject to an order, under—

(i)the Mental Health Act 2015; or

(ii)the Crimes Act 1900, section 309 (Assessment whether emergency detention required); or

(b)because of a fatal injury sustained in circumstances mentioned in subsection (a).

(2)For this section, a person is subject to an order if the person is—

(a)being taken into, or detained in, custody under the order; or

(b)being restrained, or otherwise being provided with care, under the order; or

(c)otherwise subject to the order.

  1. Meaning of death in custody
    Section 3C (1)

    after

    means the death of a person

    insert

    (other than a death in care)

  2. Section 3C (1) (c)

    omit

  3. Deputy coroners’ functions
    Section 9 (2)

    before

    death in custody

    insert

    death in care or

  4. Coroner’s jurisdiction in relation to deaths
    Section 13 (1) (i)

    before

    custody

    insert

    care or

  5. Consideration of immediate family
    Section 23 (1)

    before

    death in custody

    insert

    death in care or

  6. Decision not to conduct hearing
    Section 34A (2)

    substitute

    (2)A coroner must not dispense with a hearing into a death of a person, if the coroner has reasonable grounds for believing the death is a death in care or death in custody.

  7. Notification of immediate family
    Section 37 (1)

    substitute

    (1)Before conducting a hearing for an inquest into a death (other than a death in care or death in custody), the coroner must, at the earliest opportunity, take reasonable steps to notify a member of the immediate family of the deceased person about the time and place of the hearing.

  8. Notice relating to conduct of hearing
    Section 38

    omit

    14 days

    substitute

    28 days

  9. Inquests into non-custodial deaths and inquiries—discretion to appoint counsel assisting
    Section 39 (1)

    before

    death in custody

    insert

    death in care or

  10. Section 39 (3), note

    substitute

    NoteA coroner must appoint a lawyer as counsel assisting in an inquest into a death in care or a death in custody (see s 72).

  11. Section 54 heading

    substitute

  12. Requests for copies of findings

  13. Section 54 (1)

    before

    death in custody

    insert

    death in care or

  14. New section 57A

    in division 5.4, insert

57ACorrection of errors

(1)A coroner may amend a finding or report in relation to an inquest or inquiry to correct a mistake, error or omission in the finding or report.

(2)The amendment may be made—

(a)on the coroner’s own initiative; or

(b)on request by a person with sufficient interest in the inquest or inquiry.

  1. Part 6 heading

    substitute

Part 6Deaths in care and deaths in custody—additional provisions

  1. Sections 69 to 71

    before

    death in custody

    insert

    death in care or

  2. Section 72 heading

    substitute

  3. Inquest into death in care or death in custody—appointment of counsel assisting

  4. Section 72

    before

    death in custody

    insert

    death in care or

  5. Section 73

    substitute

  6. Records of deaths in care and deaths in custody

    The registrar must keep a record of an inquest into a death in care or death in custody for a period of not less than 7 years after the completion of the inquest.

  7. Findings about quality of care, treatment and supervision
    Section 74

    before

    death in custody

    insert

    death in care or

  8. Copies of reports of findings
    Section 75 (1)

    before

    death in custody

    insert

    death in care or

  9. Section 75 (1) (b)

    substitute

    (b)the agency the deceased person was in the care or custody of when the death happened and the Minister responsible for the agency; and

  10. Section 75 (2)

    before

    death in custody

    insert

    death in care or

  11. Response to reports
    Section 76 (1)

    omit

    custodial

  12. Section 78 heading

    substitute

  13. Obligation to report death in care or death in custody

  14. Section 78 (a)

    substitute

    (a)knows of a death in care or death in custody; and

  15. Deaths in institutions—retention of records of dead person
    Section 100 (2)

    before

    custody

    insert

    care or

  16. Section 100 (4)

    substitute

    (4)In subsection (2):

    responsible person, in relation to a person who died in care or custody, means—

    (a)if the person died in a hospital or other institution—the person in charge of the hospital or institution; or

    (b)in any other case—the person in charge of the agency the deceased person was in the care or custody of when the death happened.

  17. New section 100A

    insert

100AAttorney-general may make guidelines for responses

(1)The Attorney-General may make guidelines in relation to responses required under section 57 (4) (b) and section 76 including—

(a)information to be included in the response; and

(b)requirements for the preparation of the response.

(2)A guideline is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

  1. Annual report of court
    Section 102 (2) (a)

    before

    deaths in custody

    insert

    deaths in care or

  2. Dictionary, new definition of death in care

    insert

    death in care—see section 3BB.

  3. Dictionary, definition of member of the immediate family, except note

    substitute

    member of the immediate family, of a deceased person the subject of an inquest, means—

    (a)a person who was the deceased person’s domestic partner, parent, step-parent, grandparent, child, brother or sister, or guardian or ward; and

    (b)if the deceased person was an Aboriginal or Torres Strait Islander person—a person who, in accordance with the traditions and customs of the deceased person’s Aboriginal or Torres Strait Islander community, had the responsibility for, or an interest in, the welfare of the deceased person.

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 13 February 2020.

  2. Notification

    Notified under the Legislation Act on 29 July 2020.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Coroners Amendment Bill 2020, which was passed by the Legislative Assembly on 23 July 2020.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

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