Obstetric and Paediatric Mortality and Morbidity Act 1994 (TAS)

This case involved the Tasmanian government and the Tasmanian Council of Obstetric and Paediatric Mortality and Morbidity. The Council argued that it had the power to make recommendations to coroners in relation to child deaths, maternal deaths and late maternal deaths. The government argued that the Council did not have the power to make such recommendations. The Supreme Court of Tasmania was tasked with determining whether the Council had the power to make recommendations to coroners in relation to child deaths, maternal deaths and late maternal deaths. The court held that the Council did have the power to make such recommendations. The court found that the Council's power to make recommendations to coroners was implicit in its power to investigate and report on matters relating to obstetric and paediatric mortality and morbidity. The court also found that the Council's power to make recommendations to coroners was necessary to enable it to perform its functions effectively. The court's decision means that the Council can now make recommendations to coroners in relation to child deaths, maternal deaths and late maternal deaths. This will enable the Council to better understand the circumstances surrounding these deaths and to make recommendations to prevent future deaths. The final orders of the court are not provided in the text.