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Legislative Assembly for the ACT: 1997 Week 7 Hansard (26 June) . . Page.. 2341 ..


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occurrence are a major outbreak of food poisoning, the collapse of a building or the subsidence of land. An inquiry into a `disaster' would be undertaken only at the request or with the consent of the Attorney-General.

It is not expected that this jurisdiction will be much used - we have few `disasters' in the Territory - but, where it is used, the public investigation of such occurrences should benefit the administration of the Territory. The Coroner's Court is an established, experienced and economical forum in which to investigate the causes, consequences, and, most important, the means of the future prevention, of harmful events.

The matters above are included consequent to consultation with a wide section of the community on the 1995 Exposure Draft Bill.

A sensitive area which emerged during consultation was the belief of some members of the community that the procedures necessary to a coronial investigation into a death should come second to their beliefs about death. But, while I respect the importance to individuals of their beliefs about death, I am conscious that the coronial jurisdiction must operate for the benefit of the whole community.

An inquest uncovers the manner and cause of sudden or violent deaths to benefit the community as a whole. Control by the Coroner of the body of a deceased, the scene of a death and the extent of a post-mortem examination are essential elements in the continuing success of the Coroner's jurisdiction as a safeguard of the community.

It would not be possible to have inquests into sudden and unexplained deaths and, when such a death occurs, to give full consideration to the wide range of practices in the treatment of the dead in our community.

The Bill also removes the requirement in the Act that a Coroner commit a person for trial when evidence of an indictable offence emerges in the course of an inquest or inquiry. Committals from the Coroner's Court were provided for in the Act before the office of the Director of Public Prosecutions was established. It is now a function of that office to prepare charges of serious criminal offences and to instigate committal proceedings.


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