Australian Capital Territory Consolidated Acts

CORONERS ACT 1997 - SECT 3C

    (1)     For this Act, "death in custody" means the death of a person—

        (a)     at a correction centre, lockup or detention place; or

        (b)     while performing work under a community service condition of a good behaviour order under the Crimes (Sentencing) Act 2005 ; or

Note 1     An order under the Crimes Act 1900 , s 408 (Directions to perform work) (repealed) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005 , s 339).

Note 2     A community service order under the Children and Young People Act 1999 (repealed) is taken to be a community service condition of a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005 , s 702).

        (c)     while performing periodic detention under the Crimes (Sentencing) Act 2005 ; or

        (d)     while being taken into or detained in custody, or subject to an order, under the Mental Health (Treatment and Care) Act 1994 ; or

        (e)     while subject to an accommodation order under the Crimes (Sentencing) Act 2005 , section 133Z (Accommodation orders—convicted young offenders only); or

        (f)     while subject to a transfer arrangement under the Children and Young People Act 2008 , division 5.2.1 (Interstate transfer generally) or, while in custody under that Act, section 128 (Lawful custody for transit through ACT); or

        (g)     while at a licensed place under the Intoxicated People (Care and Protection) Act 1994 ; or

        (h)     while in, being taken into, or after being taken into, the custody of a custodial officer; or

              (i)     while escaping, or attempting to escape, from the custody of a custodial officer, other than a carer under the Intoxicated People (Care and Protection) Act 1994 .

    (2)     Also, "death in custody "includes death because of a fatal injury sustained in a place, or in circumstances, mentioned in subsection (1).

    (3)     For subsection (1) (e) and (f), a person is subject to an order or arrangement—

        (a)     while being taken into, or detained in, custody under the order or arrangement; or

        (b)     while being restrained, or otherwise being provided with care, under the order or arrangement; or

        (c)     while otherwise subject to the order or arrangement.

    (4)     Subsection (1) (b) notes and this subsection expire on 2 June 2011.