Page 4833 - Week 15 - Thursday, 16 December 1993
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7
THE BILL WILL ALSO GIVE A CORONER POWER TO MAKE AN ORDER IN RESPECT OF A PERSON CHARGED WITH, OR CONVICTED OF, CONTEMPT OF COURT. A CORONER WILL BE ABLE TO ORDER THAT A PERSON REMAIN OUTSIDE THE COURT BUILDING OR ENVIRONS, AND THAT THE PERSON NOT APPROACH A CORONER, A COURT OFFICER OR A WITNESS.
THE PROPOSAL THAT THE ACT BE AMENDED TO REQUIRE A CORONER TO REPORT TO THE DIRECTOR OF PUBLIC PROSECUTIONS IF THE CORONER BELIEVED THAT AN INDICTABLE OFFENCE HAD BEEN COMMITTED IN CONNECTION WITH A SUBJECT INVESTIGATED BY THE CORONER, HAS BEEN DROPPED FROM THE BILL. SUCH A PROVISION WOULD NOT ACCORD WITH THE POWER TO COMMIT FOR TRIAL GIVEN TO A CORONER IN THE ACT.
AN EXPANDED REGULATION MAKING POWER IS INSERTED INTO THE ACT TO ALLOW THE MAKING OF REGULATIONS RELATING TO THE PRACTICE AND PROCEDURES OF THE CORONERS COURT. IT IS INTENDED THAT REGULATIONS WILL BE MADE WHICH WILL ORDER THE PRACTICE AND PROCEDURE OF THE CORONERS COURT IN PARTICULAR CIRCUMSTANCES AND IN RESPECT OF CERTAIN DEATHS WHICH COME WITHIN THE CORONERS JURISDICTION. SUCH REGULATIONS WOULD INCLUDE PROCEDURES SPECIFICALLY DIRECTED TO INQUESTS INTO DEATHS IN CUSTODY.
IT IS ALSO PROPOSED THAT THE INFORMATION PAMPHLET ISSUED BY THE CORONERS COURT WILL BE REDRAFTED TO COVER CORONIAL PROCEDURES RELATING TO DEATHS IN CUSTODY AND OTHER MATTERS ARISING FROM THE BILL. THE A.C.T. ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COUNCIL AND OTHER RELEVANT COMMUNITY GROUPS WILL BE CONSULTED IN THE DEVELOPMENT OF BOTH THE PROPOSED REGULATIONS AND THE REVISED PAMPHLET.
MADAM SPEAKER, THE CORONERS (AMENDMENT) BILL (NO 2)1993 STRENGTHENS THE POWERS OF A CORONER AND OF THE CORONIAL JURISDICTION AND PLAYS A CRUCIAL PART IN IMPLEMENTING THE GOVERNMENTS RESPONSE TO THE RECOMMENDATIONS OF THE ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY.
I PRESENT THE EXPLANATORY MEMORANDUM FOR THE BILL.
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