Page 4830 - Week 15 - Thursday, 16 December 1993
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4
THE BILL PROPOSES THAT THE OFFICE OF CHIEF CORONER OF THE
TERRITORY BE ESTABLISHED AND THAT THE CHIEF CORONER IS TO BE RESPONSIBLE FOR ARRANGING FOR THE BUSINESS OF THE COURT, IN PARTICULAR THE HOLDING OF INQUESTS INTO DEATHS IN CUSTODY.
THE BILL SPECIFICALLY PROVIDES THAT CERTAIN CONSIDERATIONS ARE TO BE GIVEN TO THE IMMEDIATE FAMILY OF A PERSON WHO HAS DIED IN CUSTODY. THE CORONER WILL BE REQUIRED TO NOTIFY THE FAMILY OF THE DECEASED PERSON OF THE HOLDING OF AN INQUEST INTO THAT DEATH.
WHERE THE DECEASED PERSON WAS AN ABORIGINAL PERSON OR TORRES STRAIT ISLANDER, THE CORONER WILL BE REQUIRED TO ALSO NOTIFY THE ABORIGINAL LEGAL SERVICE OF THE HOLDING OF AN INQUEST.
SUBJECT TO THE INTERESTS OF JUSTICE, THE IMMEDIATE FAMILY OF SUCH A PERSON WILL BE GIVEN CERTAIN RIGHTS UNDER THE ACT,
INCLUDING: THE RIGHT TO VIEW THE BODY OF THE DECEASED; TO
INSPECT THE SCENE OF THE DEATH; TO BE PRESENT AT THE POST-
MORTEM; AND TO HAVE A FURTHER POST-MORTEM EXAMINATION OF THE DECEASED UNDERTAKEN.
A CORONER HOLDING AN INQUEST INTO A DEATH IN CUSTODY IS TO
BE REQUIRED TO APPOINT A LEGAL PRACTITIONER TO ASSIST AT THE INQUEST.
THE RECORDS OF AN INQUEST INTO A DEATH IN CUSTODY WILL BE
REQUIRED TO BE KEPT FOR A PERIOD OF NOT LESS THAN 7 YEARS. AN AGENCY IN WHOSE CUSTODY A PERSON DIES WILL ALSO BE
REQUIRED TO KEEP THE RECORDS RELATING TO THAT PERSON FOR A PERIOD OF NOT LESS THAN SEVEN YEARS.
THE BILL PROVIDES THAT THE FINDINGS OF AN INQUEST INTO A
DEATH IN CUSTODY MUST INCLUDE FINDINGS AS TO THE QUALITY OF CARE, TREATMENT AND SUPERVISION OF THE DECEASED PRIOR TO THE DEATH WHICH THE CORONER BELIEVES CONTRIBUTED TO THE CAUSE OF THE
DEATH.
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