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Legislative Assembly for the ACT: 1997 Week 7 Hansard (26 June) . . Page.. 2340 ..


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Provision is also made for access to the evidence that the Coroner intends to consider and that a person may request that a certain witness be called to give evidence at an inquest or inquiry.

While these provisions reflect the current practice of the Coroners Court, statutory provision for such matters should ensure that uniform access to the processes of the Court is available.

These provisions give effect to the recommendation of the Report of the Standing Committee on Legal Affairs on the Exposure Draft Bill that consideration be given to extending the provisions which involve the family of a deceased who died in custody in the coronial process to all deaths investigated by the Coroner.

The Bill also provides that any person may request that a hearing for the purposes of an inquest or inquiry be held and that, where a decision is made that a hearing will not be held, an application may be made to the Chief Coroner for the decision to be reviewed by the Coroner. The Chief Coroner must advise the person making the request whether a hearing is to be held or not. A decision that a hearing for the purposes of an inquest or inquiry will not be held is to be reviewable by the Supreme Court.

The Bill provides for the appointment of an investigator to assist a Coroner in an inquest or inquiry. The proposal for such an appointment by the Court emerged during the course of consultation on the extension of the jurisdiction to inquire into disasters and on the best means by which deaths associated with domestic violence might be investigated.

The provision in the Bill allowing a Coroner to make interim findings will mean that matters flowing from an inquest or inquiry, such as the registration of a death, probate or insurance matters, will be able to be dealt with more quickly should an inquest or inquiry be adjourned.

The Bill provides for a Coroner to investigate a `disaster'. That is an occurrence, not necessarily involving a fire, which has caused, or which had the potential to cause, substantial loss of life or property, injury, or environmental damage. Examples of such an


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