Page 4831 - Week 15 - Thursday, 16 December 1993

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COPIES OF THE CORONERS REPORT ARE TO BE MADE AVAILABLE ON REQUEST TO A MEMBER OF THE IMMEDIATE FAMILY OF THE DECEASED OR TO A WITNESS WHO APPEARED AT THE INQUEST. WHERE THE DECEASED PERSON WAS AN ABORIGINAL PERSON OR TORRES STRAIT ISLANDER, THE CORONER WILL BE REQUIRED TO GIVE A COPY OF THE FINDINGS TO THE ABORIGINAL LEGAL SERVICE.

A COPY OF THE CORONERS FINDINGS IS ALSO TO BE GIVEN TO THE AGENCY IN WHOSE CUSTODY THE DEATH OCCURRED AND TO THE MINISTER RESPONSIBLE FOR THAT AGENCY. THE AGENCY WILL BE REQUIRED TO GIVE A WRITTEN RESPONSE TO THE FINDINGS TO THE RESPONSIBLE MINISTER WITHIN THREE MONTHS OF RECEIPT OF THE COPY OF THE CORONERS FINDINGS.

THE FINDINGS AND THE RESPONSES TO THE FINDINGS OF AN INQUEST INTO A DEATH IN CUSTODY ARE TO BE INCLUDED IN AN ANNUAL REPORT TO BE PREPARED BY THE CHIEF CORONER FOR TABLING IN THIS HOUSE. THE INTENTION IS THAT, WHERE A CORONER FINDS THAT ANY ELEMENT OF THE CIRCUMSTANCES OF THE OFFICIAL CARE OR TREATMENT OF A PERSON WHO HAS DIED IN CUSTODY HAS CONTRIBUTED TO THE DEATH, THE RESULTING ACTION TAKEN BY THE AGENCY IS MADE PUBLIC.

A PROVISION IS INSERTED INTO THE ACT WHICH WILL REQUIRE THAT, WHERE PRACTICABLE, POLICE ASSISTANCE IS TO BE GIVEN TO A CORONER IN RELATION TO AN INQUEST OR INQUIRY. IT GIVES A STATUTORY BASE FOR WHAT IS CURRENTLY BOTH POLICE PRACTICE AND REQUIRED UNDER THE COMMON LAW. THE PROVISION WILL GIVE EFFECT TO RECOMMENDATION 29 OF THE ROYAL COMMISSION AND BRING THE TERRITORY INTO LINE WITH THE MAJORITY OF THE AUSTRALIAN JURISDICTIONS.

THE EXPLANATORY MEMORANDUM TO THE BILL NOTES THE PROVISIONS WHICH FACILITATE THE IMPLEMENTATION OF THE RELEVANT RECOMMENDATIONS OF THE ROYAL COMMISSION AND INCLUDES AN APPENDIX WHICH GIVES THE RELEVANT RECOMMENDATIONS IN FULL.

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