Page 211 - Week 01 - Thursday, 13 February 2020
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Another significant change which embraces restorative practices is to ensure that cultural considerations should be taken into account and respected throughout the coronial process. Canberra is a multicultural community, and now justice process must have the capacity to respond to that context.
The bill also includes amendments to create the definition of death in care, which will apply to deaths where a person is subject to an order under the Mental Health Act 2015 or section 309 of the Crimes Act 1900, rather than being categorised as a death in custody, which is perceived as having negative connotations. This is in itself an important restorative measure. The definition of “member of immediate family” has been expanded to include step-parents, in recognition of their vital role in the lives of the children they help to care for and raise.
The bill also allows the Attorney-General to make guidelines for government responses to comments or recommendations made by the coroner about matters of public safety, and these guidelines can specify the information to be included in those responses and requirements for how those responses are prepared. This amendment directly responds to concerns raised by families about a need for increased clarity about what happens with coroner’s recommendations, why in some cases they are not accepted, as well as the processes which will be or are in place to manage the issues raised in the coronial findings. Families want to have a better understanding of what has been done to prevent deaths like those of their loved ones from happening again.
The guidelines will also be an avenue to ensure that restorative practices are considered in the preparation of responses to coronial recommendations. We will continue to work closely with stakeholders and other parts of government to prepare these guidelines in a manner which increases clarity and integration of government responses. The momentum for change has come as a result of long-term engagement with family members with direct experience of the coronial system, the courts and experts.
In bringing forward the amendments in this bill, I have been incredibly humbled to work with family members with direct experience of coronial process. Their courage and their generosity in sharing their experiences demonstrate deep social concern to help improve this system for others, and I thank them for that. Obviously, not all reforms are legislative. Some of the important restorative measures that the community and stakeholders have raised during consultation on this bill are being implemented by other means, such as the recruitment of a family liaison officer to support families as they navigate the coronial system.
The amendments in this bill will continue to support required changes at the procedural level, and I thank the acting chief magistrate for the work of the court in this area. The way that justice is administered is important. This is an important step in Canberra’s journey to becoming a restorative city. I am honoured to be able to introduce this bill, which continues our journey towards embedding restorative practice throughout our justice administration. I commend the bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
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