Page 4832 - Week 15 - Thursday, 16 December 1993

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AMENDMENTS RELATING TO A REVIEW OF THE CORONERS ACT

MADAM SPEAKER, IN ADDITION TO IMPLEMENTING THE GOVERNMENTS RESPONSE TO THE ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY, THE BILL INCORPORATES A RANGE OF AMENDMENTS ARISING OUT OF A REVIEW OF THE CORONERS ACT 1956.

THE ACT HAS NOT BEEN REVIEWED SINCE ITS ENACTMENT IN 1956. AS I HAVE SAID, THIS REVIEW PROCESS WILL BE ONGOING AND THIS BILL ADDRESSES IMPORTANT ADMINISTRATIVE AND PROCEDURAL MATTERS IN RELATION TO THE CORONIAL JURISDICTION.

AMONG THESE AMENDMENTS ARE STRONGER POWERS OF SEARCH AND ENTRY GIVEN TO A CORONER. THESE INCLUDE A POWER TO RESTRICT ACCESS TO A PLACE WHERE A DEATH OR A FIRE HAS OCCURRED AND TO ISSUE A WARRANT TO SEARCH AND ENTER, TO SEIZE ITEMS, AND TO RETAIN ITEMS REASONABLY BELIEVED TO BE RELEVANT TO AN INQUEST OR INQUIRY.

STRONGER POWERS ARE GIVEN TO A CORONER IN RESPECT OF THE GIVING OF EVIDENCE IN AN INQUEST OR INQUIRY. A CORONER WILL BE ABLE TO REQUIRE A WITNESS TO BE SWORN, TO ANSWER QUESTIONS AND TO PRODUCE DOCUMENTS TO THE INQUEST OR INQUIRY.

THE BILL INSERTS PROVISIONS INTO THE ACT WHICH CREATE OFFENCES RELATING TO THE GIVING OF EVIDENCE, INCLUDING THE GIVING OF FALSE OR MISLEADING EVIDENCE, IMPROPER DEALING WITH EVIDENCE, AND THE INTIMIDATION OR BRIBERY OF A WITNESS.

REVISED CONTEMPT OF COURT PROVISIONS ARE ALSO INSERTED INTO THE ACT. THESE PARALLEL THE CONTEMPT PROVISIONS IN THE MAGISTRATES COURT ACT 1930 AND ARE LIMITED TO CONTEMPT IN THE FACE OF THE COURT. THE PROVISIONS WILL ALLOW A CORONER TO DEAL IMMEDIATELY WITH A PERSON WHO IS IN CONTEMPT; TO TAKE THE OFFENDER INTO CUSTODY; TO REMAND THE PERSON; OR TO RELEASE THE PERSON ON

BAIL.

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