Justice Legislation Amendment Act 2019 (NSW)

An Act to amend various Acts and regulations relating to courts, crimes and other Stronger Communities portfolio matters.

1Name of Act

This Act is the Justice Legislation Amendment Act 2019.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedule 1.4[1] and [2], 1.15 and 1.16 commence on a day or days to be appointed by proclamation.

(3)

Schedule 1.14 commences on 7 December 2019 or the date of assent to this Act, whichever is later.

3Explanatory notes

The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.

Schedule 1Amendments

(Repealed)

Coroners Act 2009 No 41[1]Section 6 Meaning of “reportable death”

Omit section 6(1)(d) and (2).

[2]Section 88A

Insert after section 88—

88APreliminary examination of remains of deceased person(1)

A pathologist may carry out (or arrange for another person to carry out) a preliminary examination in relation to the remains of a deceased person even if a post mortem investigation direction has not been given authorising the examination.

(2)

A preliminary examination in relation to the remains of a deceased person may only involve any one or more of the following—

• (a)

  a visual examination of the remains (including a dental examination),

• (b)

  the collection and review of information, including personal and health information relating to the deceased person or the death of the person,

• (c)

  the taking of samples of bodily fluid, including blood, urine, saliva, vitreous humour and mucus samples from the remains (which may require an incision to be made) and the testing of those samples,

• (d)

  the imaging of the remains, including the use of computed tomography (CT scan), magnetic resonance imaging (MRI scan), x-rays, ultrasound and photography,

• (e)

  the taking of samples from the surface of the remains (including swabs from wounds and inner cheek, hair samples and samples from under fingernails and from the skin) and the testing of those samples,

• (f)

  the fingerprinting of the remains,

• (g)

  any other procedure that is not a dissection, the removal of tissue or invasive in any other way.

[3], [4]

(Repealed)

Explanatory note

Item [1] of the proposed amendments removes a requirement to treat as a reportable death any death occurring in circumstances where the deceased person had not been attended by a medical practitioner during the period of 6 months immediately before the person’s death.

Item [2] enables pathologists to conduct certain non-invasive preliminary examinations of the remains of deceased persons without having to obtain authority from a post mortem investigation direction.

Item [3] provides that the Domestic Violence Death Review Team is to include representatives of the Legal Aid Commission of New South Wales.

Item [4] inserts provisions of a savings or transitional nature as a consequence of proposed amendments to the Coroners Act 2009 in items [1] and [2].

(Repealed)