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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Coroners Amendment Act 2020
.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act
, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see
, s 79).
This Act amends the
.
4 Objects of Act
Section 3BA
(1) (d)
after
make recommendations
insert
and comments
substitute
(a) for an inquest into a person’s death—recognises the following:
(i) the family and friends of the deceased person have an interest in having all reasonable questions about the circumstances of the person’s death answered;
(ii) the death of a person, and an inquest into the person’s death, has a significant impact on the person’s family and friends;
(iii) that where appropriate, members of the immediate family of the deceased person should be given the earliest opportunity to participate in, and be kept informed of the particulars and progress of, the inquest into the person’s death;
(iv) that different cultures have different beliefs and practices about death that should, where possible, be respected; and
insert
3BB Meaning of death in care
(1) In this Act:
death in care means the death of a person—
(a) while being taken into or detained in custody, or subject to an order, under—
(i) the
; or
(ii) the
, section 309 (Assessment whether emergency detention required); or
(b) because of a fatal injury sustained in circumstances mentioned in subsection (a).
(2) For this section, a person is subject to an order if the person is—
(a) being taken into, or detained in, custody under the order; or
(b) being restrained, or otherwise being provided with care, under the order; or
(c) otherwise subject to the order.
7 Meaning of death in
custody
Section 3C (1)
after
means the death of a person
insert
(other than a death in care)
omit
9 Deputy coroners’
functions
Section 9 (2)
before
death in custody
insert
death in care or
10 Coroner’s jurisdiction in
relation to deaths
Section 13 (1) (i)
before
custody
insert
care or
11 Consideration of immediate
family
Section 23 (1)
before
death in custody
insert
death in care or
12 Decision not to conduct
hearing
Section 34A (2)
substitute
(2) A coroner must not dispense with a hearing into a death of a person, if the coroner has reasonable grounds for believing the death is a death in care or death in custody.
13 Notification of immediate
family
Section 37 (1)
substitute
(1) Before conducting a hearing for an inquest into a death (other than a death in care or death in custody), the coroner must, at the earliest opportunity, take reasonable steps to notify a member of the immediate family of the deceased person about the time and place of the hearing.
14 Notice relating to conduct of
hearing
Section 38
omit
14 days
substitute
28 days
15 Inquests into non-custodial deaths
and inquiries—discretion to appoint counsel assisting
Section 39
(1)
before
death in custody
insert
death in care or
substitute
Note A coroner must appoint a lawyer as counsel assisting in an inquest into a death in care or a death in custody (see s 72).
substitute
54 Requests for copies of findings
before
death in custody
insert
death in care or
in division 5.4, insert
57A Correction of errors
(1) A coroner may amend a finding or report in relation to an inquest or inquiry to correct a mistake, error or omission in the finding or report.
(2) The amendment may be made—
(a) on the coroner’s own initiative; or
(b) on request by a person with sufficient interest in the inquest or inquiry.
substitute
Part 6 Deaths in care and deaths in custody—additional provisions
before
death in custody
insert
death in care or
substitute
72 Inquest into death in care or death in custody—appointment of counsel assisting
before
death in custody
insert
death in care or
substitute
73 Records of deaths in care and deaths in custody
The registrar must keep a record of an inquest into a death in care or death in custody for a period of not less than 7 years after the completion of the inquest.
25 Findings about quality of care,
treatment and supervision
Section 74
before
death in custody
insert
death in care or
26 Copies of reports of
findings
Section 75 (1)
before
death in custody
insert
death in care or
substitute
(b) the agency the deceased person was in the care or custody of when the death happened and the Minister responsible for the agency; and
before
death in custody
insert
death in care or
29 Response to reports
Section
76 (1)
omit
custodial
substitute
78 Obligation to report death in care or death in custody
substitute
(a) knows of a death in care or death in custody; and
32 Deaths in
institutions—retention of records of dead
person
Section 100 (2)
before
custody
insert
care or
substitute
(4) In subsection (2):
responsible person, in relation to a person who died in care or custody, means—
(a) if the person died in a hospital or other institution—the person in charge of the hospital or institution; or
(b) in any other case—the person in charge of the agency the deceased person was in the care or custody of when the death happened.
insert
100A Attorney-general may make guidelines for responses
(1) The Attorney-General may make guidelines in relation to responses required under section 57 (4) (b) and section 76 including—
(a) information to be included in the response; and
(b) requirements for the preparation of the response.
(2) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
35 Annual report of
court
Section 102 (2) (a)
before
deaths in custody
insert
deaths in care or
36 Dictionary, new definition of death in care
insert
death in care—see section 3BB.
37 Dictionary, definition of member of the immediate family, except note
substitute
member of the immediate family, of a deceased person the subject of an inquest, means—
(a) a person who was the deceased person’s domestic partner, parent, step-parent, grandparent, child, brother or sister, or guardian or ward; and
(b) if the deceased person was an Aboriginal or Torres Strait Islander person—a person who, in accordance with the traditions and customs of the deceased person’s Aboriginal or Torres Strait Islander community, had the responsibility for, or an interest in, the welfare of the deceased person.
1 Presentation speech
Presentation speech made in the Legislative Assembly on 13 February 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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