New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 13AB

13AB Child or disability deaths examinable only by State Coroner or Deputy State Coroner

(1) A coroner who is the State Coroner or a Deputy State Coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person was, or that there is reasonable cause to suspect that the person was:

(a) a child in care, or

(b) a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or

(c) a child who is a sibling of a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or

(d) a child whose death is or may be due to abuse or neglect or that occurs in suspicious circumstances, or

(e) a person (whether or not a child) who, at the time of the person’s death, was living in, or was temporarily absent from, residential care provided by a service provider and authorised or funded under the Disability Services Act 1993 or a residential centre for handicapped persons, or

(f) a person (other than a child in care) who is in a target group within the meaning of the Disability Services Act 1993 who receives from a service provider assistance (of a kind prescribed by the regulations) to enable the person to live independently in the community.

(2) If jurisdiction to hold an inquest arises under both this section and section 13, an inquest is not to be held except by the State Coroner or a Deputy State Coroner.

(3) If jurisdiction to hold an inquest into the death of a child arises under this section or section 13A, the coroner must use his or her best endeavours to notify the following persons of any right that they have to legal representation at the inquest:

(a) the persons having parental responsibility for the child,

(b) the child’s parents (if they do not have that responsibility),

(c) such family members as would be reasonably expected to have an immediate interest in the outcome of the inquest.

(4) In this section:
"child" means a person under the age of 18 years.
"child in care" means a child or young person under the age of 18 years:

(a) who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998 , or

(b) for whom the Director-General of the Department of Community Services or a designated agency has the care responsibility under section 49 of the Children and Young Persons (Care and Protection) Act 1998 , or

(c) who is a protected person within the meaning of section 135 of the Children and Young Persons (Care and Protection) Act 1998 , or

(d) who is the subject of an out-of-home care arrangement under the Children and Young Persons (Care and Protection) Act 1998 , or

(e) who is the subject of a sole parental responsibility order under section 149 of the Children and Young Persons (Care and Protection) Act 1998 , or

(f) who is otherwise in the care of a service provider.

"parental responsibility", in relation to a child or young person, means all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.
"residential centre for handicapped persons" means:

(a) premises declared to be a residential centre for handicapped persons under section 3A of the Youth and Community Services Act 1973 , or

(b) premises licensed under Part 3 of the Youth and Community Services Act 1973 ,

but does not include premises exempted under that Act from the requirement to be licensed.
"service" includes a statutory or other function, and "rendering" or "providing" a service includes exercising such a function.
"service provider" has the same meaning as it has in the Community Services (Complaints, Reviews and Monitoring) Act 1993 .