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1
Coroners Bill 2002
CORONERS BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The bill is to provide the legislative framework for the modernisation
and coordination of the Queensland coronial system.
Reasons for the objectives and how they will be achieved
Problems with the current coronial system include lack of co-ordination,
regional disparity, lack of support and information to families and no single
point of accountability.
This bill is the legislative framework to address these problems having
regard to relevant recommendations of the Royal Commission into
Aboriginal Deaths in Custody (RCIADIC) and interstate trends.
Specifically the bill provides for:
· the appointment of a State Coroner to co-ordinate the coronial
system.
· the following deaths to be reported to the coroner:
-- deaths where it is not known who the person is;
-- violent or otherwise unnatural deaths. Examples of these
types of deaths include deaths as a consequence of trauma,
drowning, poisoning, asphyxia, or electrocution;
-- deaths that happen in suspicious circumstances;
-- deaths where death was not reasonably expected to be the
outcome of a health procedure;
-- deaths in care (defined in clause 9 of the bill);
-- deaths in custody (defined in clause 10 of the bill);
-- deaths where a cause of death certificate has not issued and
is unlikely to be issued; and
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Coroners Bill 2002
-- deaths of people not been seen by a doctor in the previous
three months (the three month rule)
· the Attorney-General to be able to direct that any death (whether
or not reportable under the bill) be investigated by a coroner.
· continuation of the current police role of assisting coroners and
the enhancement of police powers for this role.
· regard to family and cultural considerations in ordering internal
autopsy examinations.
· coronial authorisation for retention of whole organs and foetuses
at autopsy.
· mandatory inquests for deaths in custody.
· coroners being able to compel a witness to give self-
incriminating answers at an inquest, subject to appropriate
safeguards.
· removal of a coroner's power to commit for trial and replacement
with obligation for coroners to give information to the Director
of Public Prosecutions or relevant department if coroner believes
an offence has been committed.
· coroners at inquest to make comments, including
recommendations, that relate to public health or safety, the
administration of justice and ways to prevent similar deaths
happening in the future.
· coroner's comments and findings for deaths in care and custody
to be forwarded to the Attorney-General, the relevant minister
and chief executive.
· an Annual Report to the Attorney-General by the State Coroner.
· procedures and criteria for release of documents during an
investigation (including to family members), by agencies, at
inquest and for research.
· recognition of interstate or overseas cause of death certificates or
coroners' release certificates as authority to dispose of bodies
repatriated to Queensland.
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Coroners Bill 2002
Alternatives to the Bill
The current Act (the Coroners Act 1958) is nearly 50 years old. It needs
to be updated having regard not only to the relevant RCIADIC
recommendations and interstate trends but also current practices in the
coronial jurisdiction in this State. The Queensland coronial system needs to
be co-ordinated. The position of State Coroner as provided for in the bill is
essential for this co-ordination to occur. There are therefore no alternatives
to the bill.
Administrative cost to Government of implementation
Funding has been provided as part of this year's budget for:
· the Department of Justice and Attorney-General: the costs
associated with the position of State Coroner and staff to assist
the State Coroner.
· Queensland Health: Funding for the costs (including staffing) of
extra autopsies as a result of deaths in care being reportable
under the bill, funding for pathologists and technicians and
funding for coronial counsellors to deal with family concerns
about aspects of coronial autopsies.
Consistency with Fundamental Legislative Principles
The bill contains the following departures from fundamental legislative
principles:
Duty to give information to coroner: Clause 16 of the bill allows a
coroner to require a person to give the coroner information that is relevant
to the investigation. Section 4(3)(f) of the Legislative Standards Act 1992
provides that legislation is to provide appropriate protection against self-
incrimination. Clause 16 provides that a person does not have to give the
coroner information if the person has a reasonable excuse. A reasonable
excuse includes that the information would tend to incriminate the person.
Accordingly there is an appropriate protection against self-incrimination.
Abrogation of the privilege against self-incrimination at inquest: Section
4(3)(f) of the Legislative Standards Act 1992 provides that legislation is to
provide appropriate protection against self-incrimination. Clause 38 of the
bill allows a coroner at an inquest to require a person at an inquest to give
oral evidence which would tend to incriminate the person if the coroner is
satisfied that it is in the public benefit for the person to give the evidence.
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Coroners Bill 2002
The insertion of this power is to help a coroner at inquest find out what
actually happened to cause the death. This in turn will help the coroner to
make appropriate comments or recommendations to prevent similar deaths
happening in the future.
The clause contains appropriate safeguards in that the evidence is not
admissible in any other proceeding against the person other than a
proceeding for perjury. Any information, document or other evidence
obtained as a direct or indirect result of the evidence given at the inquest is
not admissible against the person in a criminal proceeding.
Power of police officer to enter where police officer reasonably suspects
that an occupant may be dead or in need of urgent medical assistance:
Section 4(3)(e) of the Legislative Standards Act 1992 provides that a power
to enter premises should be with judicial authorisation. Item 9 of Schedule
1 (proposed new section 371AA of the Police Powers and Responsibilities
Act 2000) allows a police officer to exercise this power without judicial
authorisation. The provision is justified because the pre condition to the
exercise of the power is that the police officer has to reasonably suspect that
an occupant is dead or in need of urgent medical treatment. The situation is
analogous to police having the power under existing section 372 of the
Police Powers and Responsibilities Act 2000 to enter property (without
warrant) if the police officer reasonably suspects an imminent risk of injury
or damage to property or that domestic violence is occurring or has
occurred.
Power of police officer to enter and seize: Section 4(3)(e) of the
Legislative Standards Act 1992 provides that a power to enter premises and
seize documents or other property should be with judicial authorisation.
Under the bill:
· a coroner will be able to authorise a police officer to enter and
seize a thing which may be relevant to the coronial investigation
(proposed section 371AD Police Powers and Responsibilities Act
2000 as inserted by item 9 of Schedule 1). Coronial authorisation
is consistent with section 4(3)(e) of the Legislative Standards Act
1992; and
· a police officer who is lawfully on a place will be able to seize a
thing which may be relevant to the coronial investigation
(proposed section 371AB Police Powers and Responsibilities Act
2000 as inserted by item 9 of Schedule 1). Although not
dependent upon coronial authorisation, the proposed section is
consistent with section 113 of Police Powers and Responsibilities
Act 2000 which allows police officers who are lawfully on a
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Coroners Bill 2002
place to seize a thing they reasonably suspect is evidence of the
commission of an offence.
Power of police officer to require information: Proposed section 371AF
of the Police Powers and Responsibilities Act 2000 as inserted by item 9 of
Schedule 1 allows a police officer to require a person whom the police
officer reasonably believes may be able to give information relevant to the
investigation to give the information.
The obligations of a police officer under this section are in addition to
the obligations under section 391 of Police Powers and Responsibilities Act
2000. Section 391 of the Police Powers and Responsibilities Act 2000
provides that it is an offence to fail to comply with a requirement under the
Police Powers and Responsibilities Act 2000 unless the person has a
reasonable excuse. Section 391 obliges a police officer to inform a person
who fails to comply with a requirement that:
· it is an offence to fail to comply unless the person has a
reasonable excuse; and
· the person may be arrested for the offence.
Section 4(3)(f) of the Legislative Standards Act 1992 provides that
legislation is to provide appropriate protection against self-incrimination.
Proposed section 371AF provides an appropriate protection by providing
that a police officer must inform a person who fails to comply with a
requirement under section 371AF that the person may:
· fail to give information if the information would tend to
incriminate the person; and
· seek legal advice before giving the information.
State Coroner guidelines: Under clause 14 of the bill the State Coroner
must issue guidelines to all coroners about the performance of their
functions in relation to investigations generally. The guidelines must:
· have regard to the recommendations of the Royal Commission
into Aboriginal Deaths in Custody regarding the investigation of
deaths in custody;
· deal with the investigation of deaths in custody
· deal with investigations of deaths involving human remains
found in a suspected traditional burial site; and
· list the doctors who are approved by the State Coroner to conduct
particular types of autopsies, either by name or by reference to
particular qualifications.
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Coroners Bill 2002
The State Coroner may also issue guidelines about matters such as the
dignity and respect to be accorded to persons (including their cultural
traditions or spiritual beliefs) who are at a place from which a body for a
reportable death is being removed (clause 18 of the bill).
These guidelines may be seen as a delegation of legislative power within
the meaning of section 4(4) of the Legislative Standards Act 1992. The
guideline power is analogous to the general practice direction power of
courts and is needed to provide a co-ordinated and consistent approach on
issues as well as flexibility. Any guidelines that were operative during the
year to which the Annual Report relates are to be included in the State
Coroner's Annual Report to the Attorney-General under clause 76 of the
bill.
CONSULTATION
Community
This bill is broadly based on submissions received on a consultation
draft that was released for comment in November 2000 (the 2000
Consultation Draft). Over 90 submissions were received on the 2000
Consultation Draft from advocacy groups, medical colleges and
associations, private citizens who had dealings with the coronial system,
academics, the funeral and crematoria industry, the State Coroner for
Western Australia and the Queensland Law Society.
A draft of this bill was sent to targeted stakeholders prior to introduction.
These targeted stakeholders included the Australian Medical Association of
Queensland, the Association of Australian-owned Funeral Directors, the
Queensland Cemeteries and Crematoria Association, the Australian
Funeral Directors Association, the Queensland Funeral Directors
Association Limited, the Independent Funeral Directors Association, the
Local Government Association of Queensland, the Queensland Nursing
Council, the Office of the Health Practitioner Registration Boards, the
Aboriginal and Torres Strait Islander Advisory Board, the Deaths in
Custody Monitoring Unit at the Queensland Aboriginal and Torres Strait
Islander Legal Services Secretariat, the Law Society, the Bar Association
and the Queensland Council for Civil Liberties.
Government
The 2000 Consultation Draft was widely circulated within government
departments. It was also sent to the Chief Justice, the Chief Judge of the
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Coroners Bill 2002
District Court, the Chief Magistrate, the Brisbane Coroner, Legal Aid
Queensland, the Commissioner for Children and Young People, the (then)
Criminal Justice Commission, the Health Rights Commission, and the
Director of Public Prosecutions for comment.
Prior to introduction a draft of this bill was sent to relevant government
departments including Queensland Health, the Queensland Police Service,
the Department of Families, the Department of Aboriginal and Torres Strait
Islander Policy, the Department of Corrective Services, the Department of
Emergency Services, the Department of Premier and Cabinet, the
Department of Industrial Relations, the Department of Local Government
and Planning and Queensland Treasury. It was also sent to Chief Justice,
the Chief Judge of the District Court, the Chief Magistrate, the Brisbane
Coroner, Legal Aid Queensland, the Commissioner for Children and Young
People, the Information Commissioner, the Health Rights Commission, the
Crime and Misconduct Commission and the Director of Public
Prosecutions.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 Short title: Provides that the short title is the Coroners Act
2002.
Clause 2 Commencement: Provides the Act commences on
proclamation.
Clause 3 Object of Act: Provides the Act's objects are to :
(a) establish the position of State Coroner; and
(b) require the reporting of particular deaths; and
(c) establish the procedures for investigations, including by holding
inquests, by coroners into particular deaths; and
(d) help to prevent deaths from similar causes happening in the
future by allowing coroners at inquest to comment on matters
connected with deaths, including matters related to:
(i) public health or safety; or
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Coroners Bill 2002
(ii) the administration of justice.
Clause 4 Act binds all persons: Provides that the Act binds all persons
including the State and, as far as possible, the Commonwealth and other
States.
Clause 5 Relationship with other Acts: This clause deals with the
relationship between the Coroners Act 2002 and other Acts, including
investigations under other Acts.
The clause provides that the Act:
· is subject to section 4A of the Commissions of Inquiry Act 1950
which provides that a coroner has no jurisdiction where a
commission of inquiry constituted by a Supreme Court judge has
been established to inquire into the same matters which the
coroner is examining
· does not limit or otherwise affect the functions or powers of a
police officer or other person to investigate a death under another
Act
· does not limit or otherwise affect the functions or powers of a
police officer to do something other than an investigation under
this Act.
Clause 6 Definitions: Provides that the dictionary in Schedule 2 defines
particular words used in this Act.
PART 2--REPORTING DEATHS
Clause 7 Duty to report deaths: This clause deals with who has a duty
to report deaths and to whom they must be reported.
The effect of clauses 7(1) and (2) is that if a person becomes aware of a
death that appears to be a reportable death then the death has to be reported
to:
· in the case of a death in custody the State Coroner or Deputy
State Coroner; or
· otherwise - a police officer or coroner
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Coroners Bill 2002
There is no such obligation where the person believes that somebody has
already reported, or is reporting, the death.
Clause 7(3) provides that a police officer to whom a death is reported
must report the death to a coroner in writing.
Clause 7(4) provides however that if the death is reported to a police
officer because a cause of death certificate has not issued and is not likely
to issue (one of the definitions of "reportable death" in the bill see clause
8(3)(e)), the officer need not report the death to a coroner until he/she is
satisfied that the cause of death certificate is not going to issue. This is to
deal with those situations where a person reports a death because the
person does not know whether a cause of death certificate will issue - for
example the doctor cannot be contacted in the middle of the night. A police
officer does not have to "onreport" the death to a coroner until the police
officer is satisfied that a cause of death certificate is not likely to be issued.
It may be that a police officer will be able to locate the doctor or make other
inquiries in the middle of the night which will satisfy the police officer that
a cause of death certificate will issue
A coroner to whom a death is reported must report the death to the State
Coroner in writing. This is consistent with the State Coroner's coordination
function under clause 70.
Clause 8 "Reportable death" defined: Provides a definition for
"reportable death". The death must be a death to which both clause 8(2)
and clause 8(3) both apply.
Clause 8 (2) provides that the death must firstly be:
(a) a death that happened in Queensland; or
(b) although the death happened outside Queensland:
(i) the person's body is in Queensland; or
(ii) at the time of death, the person ordinarily lived in
Queensland; or
(iii) the person, at the time of death, was on a journey to or from
somewhere in Queensland; or
(iv) the person's death was caused by an event that happened in
Queensland.
Clause 8 (3) provides that in addition to satisfying subsection (2), for the
death to be to be reportable:
(a) it has to be not known who the person is; or
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Coroners Bill 2002
(b) the death was a violent or otherwise unnatural death (The section
gives an example of these deaths namely death as a consequence
of asphyxiation, drowning, electrocution, fire, poisoning or
trauma.); or
(c) the death happened in suspicious circumstances; or
(d) the death was not reasonably expected to be the outcome of a
health procedure. (The term "health procedure" is defined in the
dictionary to mean a dental, medical, surgical or other health
related procedure, including for example the administration of an
anaesthetic, analgesic, sedative or other drug. The clause gives
two examples of what is meant by the unexpected outcome of a
health procedure namely:
1. A person's bowel is mistakenly perforated during an
operation. Because of this, the person develops peritonitis
and dies. Death from peritonitis was not reasonably
expected to be the outcome of the operation.
2. A person is injected with a drug as part of a medical
procedure. The person has an adverse reaction to the drug
and dies. The death was not reasonably expected to be the
outcome of the procedure.); or
(e) a cause of death certificate has not been issued, and is not likely
to be issued, for the person (cause of death certificate is defined
in the dictionary to mean a medical certificate of cause of death
or perinatal death under the Registration of Births, Deaths and
Marriages Act 1962 or a similar certificate issued under a similar
law of a State or country. This means that where body is brought
to Queensland for burial then it will not have to be reported to the
coroner if there is a certificate as to cause of death issued at the
place from where the body came. The words "and is not likely to
be issued" have been inserted to make it clear that the death does
not have to be reported where, although at the moment of death a
certificate has not issued, the certificate is likely to issue. For
example a terminally ill patient in a nursing home is expected to
die during the night. The doctor has indicated to the nursing
home staff that he/she expects the patient to die during the night
and that all other things being equal the doctor will issue a cause
of death certificate the following day. The patient dies during the
night - there is nothing about the death to otherwise require the
death to be reported to the coroner. The nursing home staff do not
have to report the death to the coroner. On the other hand if the
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Coroners Bill 2002
nursing home staff found the patient dead with a knife inserted in
her chest then clearly the death would have to be reported. ); or
(f) the death was a death in care (this term is defined in clause 9) or
(g) the death was a death in custody (this term is defined in section
10); or
(h) the person had not consulted a doctor within 3 months before the
death.
Clause 8(4) provides that a death that happened outside Queensland is
not a reportable death if a death has been reported to a non-Queensland
coroner. "Non-Queensland coroner" is defined in the dictionary to mean a
person who holds a position equivalent to a coroner at the place where the
death happened.
This means that if a person who ordinarily resides in Queensland is
killed in a car accident whilst holidaying in London, the death is likely to
be reported to the London coroner. If the death is so reported to the London
coroner the death will not have to be reported to a coroner in Queensland.
Clause 94, which deals with the authority for burial of a body, recognises
the London coroner's release certificate in the event that the body in the
example above is repatriated to Queensland for burial or cremation.
Clause 9 "Death in care" defined: This clause deals with the definition
of "death in care". Its purpose is to make the deaths of particular vulnerable
persons reportable to the coroner.
The clause provides that "death in care" (which is a category of
reportable death) means if, when a person died:
(a) the person had a disability mentioned in section 5 of the
Disability Services Act 1992; and
· was living at a level 3 accredited residential service under
the Residential Services (Accreditation) Act 2002; or
· was receiving residential services operated, or wholly or
partly funded, by the department administering the
Disability Services Act 1992;or
· was living at a place--
(A) that is not a private dwelling or aged care facility; and
(B) that is wholly or partly funded by the department
which administers the Health Services Act 1991 or at
which that department provides services;
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Coroners Bill 2002
(Section 5 of the Disability Services Act 1992 provides that Act
applies to a person with a disability--
(a) that is attributable to an intellectual, psychiatric, cognitive,
neurological, sensory or physical impairment or a combination of
impairments; and
(b) that results in--
(i) a substantial reduction of the person's capacity for
communication, social interaction, learning or mobility; and
(ii) the person needing support.
The disability must be permanent or likely to be permanent.
The disability may be, or may not be, of a chronic episodic nature.)
Subclause (4) of the bill defines a "level 3 accredited residential service"
to be a residential service that has, or is required to apply for, a level 3
accreditation under the Residential Services (Accreditation) Act 2002.
Under that Act level 3 accreditation is required when the residential service
provides a personal care service.); or
(b) the person was, under the Mental Health Act 2000
(i) being taken to a place where there is an authorised mental
health service under section 25, 39, 292 or 508 of that Act;
or
(ii) being taken to, or detained in, a place where there is an
authorised mental health service as an involuntary patient or
under an emergency examination order; or
(iii) being detained because of a court order under section
101(2), 273(1)(b), 337(6) or 422(1) of that Act; or
(iv) undertaking limited community treatment while
accompanied by an employee of the health service; or
(c) the person was under the guardianship of the chief executive
under section 27 of the Adoption of Children Act 1964; or
(d) the person was a child placed in the care of a licensed care
service, approved foster carer or other person under section 82 of
the Child Protection Act 1999.
Clause (9)(2) makes it clear that subsection 9(1)(b) applies even if
immediately before the person was detained the person was in the custody
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Coroners Bill 2002
of the chief executive (corrective services) under the Corrective Services
Act 2000.
Clause 9 (3) makes it clear that the definition applies even if the person
died somewhere other than the place where the person ordinarily lived for
the purposes of being in care. The clause gives as an example of this a child
placed in the care of an approved foster carer who becomes ill, is taken to
hospital and subsequently dies in hospital. The child's death is a death in
care.
Clause 10 "Death in custody" defined: Provides that a person's death is
a death in custody if, when the person died, the person was:
(a) in custody; or
(b) escaping, or trying to escape, from custody; or
(c) trying to avoid being put into custody (for example a suspected
bank robber who dies in a car crash while being pursued by
police).
Clause 10 (2) defines custody to mean detention:
(a) by a police officer,
(b) under the Corrective Services Act 2000 -
(i) in a corrective services facility or watch-house; or
(ii) under the escort of a corrective services officer; or
(iii) by a law enforcement agency; or
(iv) by the proper officer of a court; or
(c) under section 104 of the Corrective Services Act 2000 (this
section deals with the temporary detention of persons for security
offences); or
(d) under sections 41, 43, 120 or 121 of the Juvenile Justice Act
1992
Clause 10(3) defines detention to include detention under arrest, the
authority of a court order or the authority of an Act.
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Coroners Bill 2002
PART 3--CORONER'S INVESTIGATION, INCLUDING
BY INQUEST, OF DEATHS
Division 1--Investigations generally
Clause 11 "Deaths to be investigated": As noted in subclause (1), this
clause deals with the types of deaths that may be investigated and the type
of coroner who conducts the investigation.
Clause 11 (2) provides that the only deaths that a coroner can investigate
are those deaths that he/she considers to be reportable and those deaths
where he is not aware that any other coroner is investigating the death.
Clause 11(3) provides that a coroner must investigate a death if the State
Coroner directs the coroner to investigate the death.
Clause 11(4) provides the State Coroner may direct a coroner to
investigate a death when:
· State Coroner considers the death is a reportable death; or
· State Coroner has been directed by the Minister to have the death
investigated, whether or not the death is a reportable death.
In other words the Minister can direct any death be investigated. The
State Coroner can only direct that deaths he/she considers are reportable be
investigated.
Clause 11 (5) provides that a coroner must investigate the suspected
death of a person if directed by the State Coroner to do so.
Clause 11 (6) provides when the State Coroner may give such a
direction, namely if:
· the State Coroner suspects the person is dead; and
· the State Coroner considers the death is a reportable death.
or
· the Minister directs the State Coroner to have the suspected death
investigated.
The "suspected death" category replaces section 9 ("inquiry when body
destroyed or recoverable" and section 10 ("inquiries respecting missing
persons") of the Coroners Act 1958.
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Coroners Bill 2002
Clause 11 (7) makes it clear that deaths in custody can only be
investigated by the State Coroner or Deputy State Coroner.
Clause 12 Deaths to be investigated or further investigated: This
clause deals with deaths that a coroner must not investigate or which
cannot be further investigated.
Clause 12(1) provides that a coroner must not investigate a death, unless
directed to do so by the Minister if
(a) the death happened in another State and has been reported to a
non Queensland coroner; or
(b) the death happened outside Australia.
As a result of the definition of "reportable death" in clause 8, the
unnatural death of a Queenslander in a remote part of the world where
there is no office of coroner or its equivalent is reportable. This section
ensures that the coroner must not investigate the death unless there is a
direction from the Minister that the coroner do so.
Clause 12 (2) provides that a coroner must stop investigating a death if
(a) the coroner's investigation shows that the body is indigenous
burial remains (defined in the dictionary to mean burial remains
to which section 34 of the Cultural Record (Landscapes
Queensland and Queensland Estate) Act 1987 applies); or
(b) the coroner's investigation of 1 of the following types of deaths
shows that an autopsy of the body is not necessary and the
coroner decides to authorise a doctor to issue a cause of death
certificate
(i) a death that was a violent or otherwise unnatural death; or
(ii) a death that happened in suspicious circumstances; or
(iii) a death was not reasonably expected to be the outcome of a
health procedure; or
(iv) a death that was a death in care; or
(v) a death where the person had not consulted a doctor within
3 months before the person's death.
(Subclause 12(2) is based on section 11 of the current Coroners
Act 1958. There have been varying approaches under section 11
of the Coroners Act 1958 as to what happens to the coronial
inquiry once the consent to the certificate has been given.
Subclause 12(2) makes it clear that if the coroner does consent to
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Coroners Bill 2002
the issue of the cause of death certificate then the coroner stops
investigating the death. ); or
(c) an autopsy ordered by the coroner reveals the body is that of a
stillborn child
(Like the common law and the Coroners Act 1958 it is the bill's intention
that the coroner must not investigate the circumstances of a stillborn child.
This is reinforced by clause 95 of the bill. However, like section 18 of the
Coroners Act 1958, the coroner can, under the bill, order an autopsy to
determine whether the body is that of a stillborn child. Clause 19 (1)(b)
specifically allows for this.); or
(d) the State Coroner directs the coroner to stop the investigation; or
(e) the coroner becomes aware that the death is a death to which
subsection (1) refers (ie a death that is being investigated by a
coroner in another State or a death outside Australia, unless the
Minister directs the corner to continue the investigation).
Clause 12 (3) allows the coroner to give the results of the coroner's
investigation, including any autopsy report, to a non Queensland coroner
who is investigating the death.
Clause 13 Coroner's powers of investigation: This section applies to a
coroner who is investigating a death under the act, whether before or during
an inquest.
A coroner can:
· make, or arrange for, any examination, inspection, report or test
that the coroner considers is necessary for the investigation.
(This is based on section 7(3) of the Coroners Act 1958).
· authorise a police officer to exercise a power under section
371AD of the Police Powers and Responsibilities Act 2000 as
inserted by this bill. (Section 371AD of the Police Powers and
Responsibilities Act 2000 allows a coroner to issue a search
warrant to a police officer for the purposes of the coroner's
investigation.)
The coroner may be present while a police officer exercises powers
under the search warrant.
Clause 14 Guidelines and directions for investigations: This clause
allows the State Coroner to issue specific directions and general guidelines
in order to achieve best practice in the coronial system. The directions are
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Coroners Bill 2002
about a particular death and a particular investigation whilst the guidelines
are of a more general application.
The guidelines are to have regard to the recommendations of the Royal
Commission into Aboriginal Deaths in Custody that relate to the
investigation of deaths in custody.
The guidelines must:
· deal with the investigations of deaths in custody
· deal with the investigation of human remains from a suspected
traditional burial site; and
· list doctors who can conduct autopsies under the Act either by
name or reference to particular qualifications.
Other clauses in the bill provide for guidelines to be made about
particular issues. For example clause 18 provides for the issue of guidelines
about the dignity and respect to be accorded to persons who are at a place
from which a body is to be taken, and their cultural traditions or spiritual
beliefs.
Clause 14 (5) makes it clear that a direction cannot be about the findings
a coroner may make.
Clause 15 Help in investigation: Provides that a coroner can seek help
from a lawyer or other person. The clause also notes that the duty of police
officers to help coroners is contained in section 447 Police Powers and
Responsibilities Act 2000 as inserted by this bill.
Clause 16 Duty to help investigation: Provides that the coroner may
require people to give information that is relevant to the investigation. The
person does not have to give the information if he/she has a reasonable
excuse (which could be that the answer may incriminate the person).
Clause 17 Disclosure of confidential information to a Coroners
Court: Provides that where a provision in an Act allows for the disclosure
of confidential information to a court or a party to a proceeding before the
court, the provision is taken to enable the disclosure of the information to
the Coroners Court as if:
(a) a reference to the court is a reference to the Coroners Court;
(b) a reference to a proceeding is a reference to an inquest;
(c) a reference to a party is a reference to a police officer, lawyer or
the person helping the Coroners Court or a person who is to
appear or is appearing at the inquest.
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Coroners Bill 2002
A Coroners Court may only disclose information obtained under the
clause for a purpose connected with the inquest being conducted by the
Court.
A person who has been given access to confidential information by a
Coroners Court cannot directly or indirectly disclose the information other
than for the inquest or unless disclosure is permitted or required under the
Bill or an Act. If a person discloses confidential information for other
purposes the maximum penalty is 100 penalty units or 2 years
imprisonment.
Division 2--Autopsies
Clause 18 Transferring body to mortuary:. This clause applies to the
transferring of bodies to a mortuary at the direction of a coroner or police
officer under new section 371AB of Police Powers and Responsibilities Act
2000 inserted by this bill. Mortuaries to which the clause applies are
mortuaries where autopsies ordered by coroners are conducted.
People who are involved in taking the body to the mortuary have to
comply with:
· any direction by the coroner or police officer
· the guidelines issued by the State Coroner about:
· the dignity and respect to be accorded to persons who are at a
place from which a body is to be taken, and their cultural
traditions or spiritual beliefs; and
· the way in which bodies are taken to a mortuary.
Clause 19 Order for autopsy: Provides that a coroner must order a
doctor to perform an autopsy as part of the investigation of a person's death
or to find out whether the body is that of a stillborn child.(Like the common
law and the Coroners Act 1958 it is the bill's intention that the coroner must
not investigate the circumstances of a stillborn child. This is reflected in
clause 95 of the bill. However like section 18 of the Coroners Act 1958, the
coroner can, under this clause, order an autopsy to find out whether the
body is that of a stillborn child. This is to deal with situations such as where
what appears to be an abandoned stillborn child has been discovered. The
coroner can order the autopsy to confirm whether or not it is a stillborn
child. )
The clause provides for the following types of autopsy examination:
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Coroners Bill 2002
· for a body that has been cremated an examination of the
cremated remains of the body (this has been included to allow for
the possibility of scientific advancements which may allow for
information about the death to be obtained from such an
examination)
· for a body that has not been cremated -
-- an external examination;
-- an external and partial internal examination;
-- an external and full internal examination.
Subclause 19(4) provides that before making an order for an internal
examination the coroner must wherever practicable consider:
· (in the general sense) that in some cases a deceased person's
family may be distressed by the making of this type of order, for
example, because of cultural traditions or spiritual beliefs;
· (specifically) any concerns raised by a family member or another
person with an interest in the type of order.
An example of a person with an interest in the type of order may be the
doctor who is to conduct the autopsy who may be concerned about
exposure to infectious disease.
(The term "family member" is defined in the dictionary to mean -
(a) a spouse of the deceased person; or
(b) if a spouse is not reasonably available--an adult child of the
deceased person; or
(c) if a spouse or adult child is not reasonably available--a parent of
the deceased person; or
(d) if a spouse, adult child or parent is not reasonably available--an
adult sibling of the deceased person; or
(e) if the deceased person was an Aboriginal person or Torres Strait
Islander and a spouse, adult child, parent or adult sibling is not
reasonably available--an ATSI family member.
"Spouse" is defined in the dictionary to include a de facto partner. The
meaning of de facto partner is contained in clause 96 and accords with the
definition in section 32DA of the Acts Interpretation Act 1954. )
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Coroners Bill 2002
If a specific concern has been raised with the coroner and the coroner
still thinks it necessary to make the order then he must give a copy of the
order to the person who raised the concern.
Clause 19(6) provides that the order for autopsy must be directed to 1 of
the doctors listed in the guidelines with skills necessary to conduct an
autopsy in circumstances similar to the particular circumstances of the
case.
Clause 19(7) states the doctors and other persons who cannot conduct or
help at an autopsy. These are people who are accused of causing the
deceased person's death or the deceased person's attending doctor.
Clause 19(8) allows an order for autopsy to be made even if:
· an autopsy had been previously conducted under this Act or other
lawful authority; or
· a cause of death certificate had been issued; or
· even if the death had previously been investigated under this Act
or the Coroners Act 1958.
Clause 20 Exhuming body or recovering remains: Provides the
procedures to be followed if, after a body has been buried or cremated, the
State Coroner forms the belief that the death was a reportable death and the
body is to be exhumed to allow an autopsy to be conducted.
Clause 20(3) obliges the State Coroner to give at least 2 days notice of
the State Coroner's intention to make the order to:
· the person in charge of the place where the body is or the
cremated remains are;
· any person the State Coroner considers has a sufficient interest in
the autopsy. (Such a person could be a family member.)
This notice does not have to be given where the State Coroner cannot
contact the person or the State Coroner considers that it is not in the public
interest for the notice to be given.
Clause 20(4) obliges the State Coroner to have regard to any concerns
raised in relation to the order being made (this would include a concern
based on cultural traditions or spiritual values). If the State Coroner thinks
the order should still be made then the State Coroner is to make the order
and give a copy to the person who raised the concern.
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Coroners Bill 2002
Clause 20(8) provides for the return of the body or cremated remains to
the place from where they were taken as soon as reasonably practicable
after the autopsy.
Clause 21 Observing an autopsy: Provides the procedures to be
followed if a person with a sufficient interest in the autopsy wishes to
observe the autopsy.
The coroner or police officer who is investigating the death under this or
another Act is entitled to observe or participate in an autopsy.
Clause 21(5) makes it clear that persons who are required to observe or
participate in an autopsy for their vocational training may do so with the
consent of the doctor who is conducting the autopsy.
Clause 22 Extra medical evidence for autopsy: This clause is based on
section 18(6) of the Coroners Act 1958. The clause provides that a coroner
may by notice require:
· an attending doctor (defined in the dictionary to mean a doctor
who attended the deceased at his/her death or during his/her last
illness) to be present at the autopsy or produce a report to the
doctor conducting the autopsy; or
· a person who has the deceased person's medical records or tissue
samples to give them to the doctor conducting the autopsy.
The purpose of the clause is to allow a doctor conducting the autopsy to
have as much information as possible about the deceased person's medical
condition. This should ensure a more accurate determination of cause of
death by the doctor conducting the autopsy.
The notice must be complied with unless the person has a reasonable
excuse.
The records have to be returned as soon as practicable after the autopsy
unless the coroner orders otherwise.
Clause 23 Autopsy testing: Provides that the coroner can order the
doctor conducting the autopsy to conduct a particular test.
Clause 23(2) allows the doctor conducting the autopsy to conduct a test
that is consistent with the type of autopsy ordered by the coroner.
The doctor is allowed to remove tissue from the deceased person's body
for a test. Tissue is defined in the dictionary to mean
(a) an organ, blood or part of a body or foetus; or
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Coroners Bill 2002
(b) a substance extracted from an organ, blood or part of a body or
foetus.
The clause makes it clear that irrespective of the type of autopsy ordered,
blood samples may be taken for testing.
Clause 24 Removing tissue for autopsy: This clause governs the
procedures to be followed when tissue is to be removed for testing.
Clause 24(2) provides that the doctor conducting the autopsy must
inform the coroner about any whole organ or foetus that has been removed
prior to the coroner ordering the body's release.
The coroner can order the release of the body without the whole organ or
foetus if the coroner is satisfied that:
· where practicable a family member has been informed of the
removal of the whole organ or foetus; and
· the retention is necessary for the investigation of the death
despite any concerns that may have been raised about the
retention of the whole organ or foetus.
Clause 24(5) provides that the coroner is to review the continued
retention of the whole organ or foetus at 6 monthly intervals.
Clause 24(6) provides that specimen tissue as defined under
Transplantation and Anatomy Act 1979 ("blocks and slides" or tissue taken
from the tissue block) must be kept indefinitely.
Clause 24(7) provides that all other tissue cannot be disposed of except
with the consent of a coroner.
Clause 24(8) provides that if the coroner orders disposal of the tissue
then the entity that has the tissue has to give it to a family member for
burial (which because of the dictionary includes cremation) if the family
member has told the coroner that they want it. Otherwise the entity can
arrange for it to be buried.
Clause 24(9) provides that the coroner's order for disposal of the tissue
is sufficient authority for its disposal.
"Coroner" in this clause means the coroner who ordered the autopsy or if
that coroner is not available - another coroner.
"Burial" is defined in the dictionary to mean cremation or other lawful
disposal either in Queensland or elsewhere.
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Coroners Bill 2002
Clause 25 Autopsy reports: Provides that the doctor who conducts the
autopsy must give a report to the coroner and an investigating police officer
who asks for a copy of it.
The clause also allows copies of autopsy reports and test reports (being a
document that contains the results of a test performed for the purpose of an
autopsy) to be provided to certain chief executives upon request. The
reason for this is to that it may be several months before a coroner is in a
position to make public findings as to the cause of death and to issue riders
based on the information from any autopsy tests or autopsy final report
findings. This time lapse can be quite critical when the autopsy or
associated tests highlight issues that may need to be addressed urgently.
For example:
· Blood tests of a young person who has died from a heroin
overdose may indicate that the purity for street heroin is higher
than normal, placing drug users at even greater risk.
· Preliminary autopsy test results may indicate that there is an
undiscovered allergic reaction to a particular medication. This
may warrant an early withdrawal of the medication or an urgent
warning advice to doctors.
Clause 26 Control of body: This clause deals with when the coroner has
control of a deceased person's body.
Clause 26(1) provides that the coroner starts having control of a
deceased person's body when the coroner starts investigating the deceased
person's death.
Clause 26(2) provides that the coroner stops having control when the
coroner :
(a) if the coroner stops investigating the death under section
12(1)(a)--orders the release of the body to the Minister
responsible for administering the Cultural Record (Landscapes
Queensland and Queensland Estate) Act 1987; or
(b) if the coroner stops investigating the death under section
12(1)(b)--authorises a doctor to issue a cause of death certificate
for the deceased person; or
(c) if the coroner stops investigating the death under section 12(1)(c)
or (d)--orders the release of the body for burial; or
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Coroners Bill 2002
(d) if the coroner stops investigating the death under section
12(1)(e)--orders the release of the body to the other jurisdiction;
or
(e) the coroner transfers control of the body to another coroner; or
(f) decides that it is not necessary for the coroner's; investigation to
keep the body after an autopsy and orders the release of the body
for burial.
In this case clause 26(3) provides that the coroner must order the
release of the body as soon as reasonably practicable after the
autopsy.
However under clause 26(4) the coroner cannot order the release of a
body for burial that has not been identified unless the coroner believes it is
necessary to bury the body in particular circumstances. This is based on
section 23(4) of the Coroners Act 1958.
"Burial" is defined in the dictionary to include cremation or other lawful
disposal, either in Queensland or elsewhere.
Clause 26(6) prohibits a doctor from issuing a cause of death certificate:
(a) if the death appears to be a reportable death, unless a coroner
advises the doctor that the death is not a reportable death. (This is
to deal with the situation where a doctor may not have a correct
understanding of the various categories of reportable deaths
under the Act. The coroner is not consenting to the issue of a
cause of death certificate (see clause 12) in these situations
because the coroner is not even investigating the death); or
(b) if a coroner is investigating the death unless the coroner authorises
its issue (this is the situation contemplated by clause 12).
Division 3--Inquests
Clause 27 When inquest must be held: Provides that an inquest must
be held if
· the coroner considers the death to be a death in custody or a
death in care that has occurred in circumstances that raise issues
about the deceased person's care; or
· the Minister directs the State Coroner to arrange for an inquest to
be held; or
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Coroners Bill 2002
· the State Coroner directs that an inquest be held.; or
· the District Court, on an application under section 30, orders an
inquest to be held into the death.
Clause 28 When inquest may be held: Provides that an inquest may be
held into a reportable death if the coroner investigating the death considers
it desirable to hold an inquest. These are the factors that the coroner is to
have regard to in considering whether it is desirable to hold the inquest:
· the wish of any family member communicated to the coroner
· the extent to which drawing attention to the circumstances of the
death may prevent deaths in similar circumstances happening in
the future; and
· any guidelines issued by the State Coroner about the issues that
may be relevant for deciding whether to hold an inquest for
particular types of deaths.
Clause 29 When inquest must not be held or continued: This clause,
like section 42 of the Coroners Act 1958, is designed to ensure that certain
criminal proceedings (namely those where the question of whether the
accused caused the death may be in issue) are not compromised because of
an inquest.
The clause applies when the coroner is informed that someone has been
charged with an offence in which the question of whether the accused
caused the death may be in issue.
If the coroner is informed before an inquest is started: the coroner must
not start the inquest until the end of the proceedings for the offence
(including any appeal started within the appeal period).
If the coroner is informed after the start of the inquest: the coroner must
adjourn the inquest. The coroner may resume or close the inquest after the
end of the proceedings, including any appeal period.
Clause 30 Applying for inquest to be held: This clause provides that a
person can apply for an inquest to be held. The coroner has 6 months to
decide the application. This period of time is so long because if the
application is made very early in the investigation then the coroner may not
be in a position to decide whether an inquest is necessary.
If the coroner decides not to have an inquest the person applies firstly to
the State Coroner (except where the coroner is the State Coroner in which
case the person applies to the District Court). If unsuccessful before the
State Coroner the person can apply to the District Court.
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Coroners Bill 2002
Both the State Coroner and the District Court can order an inquest if
satisfied it is in the public interest to do so.
Clause 31 Inquests to be held by the Coroners Court: Provides that an
inquest must be held by the Coroners Court in open court. An inquest may
be held on any day of the week.
The court may be closed while particular evidence is given. An example
of this could be when evidence is given under section 38 (incriminating
evidence ).
Clause 32 Notice of inquest: Provides that the Coroners Court must
publish a notice of inquest in a daily newspaper unless the State Coroner
has directed that a notice not be published. The clause des not apply to an
inquest that has been adjourned.
Clause 33 Inquests into multiple deaths: Provides that the State
Coroner may investigate or may direct a coroner to investigate at an
inquest:
· a number of deaths that happened at different times and places
but in similar circumstances (An example of this is that the State
Coroner may direct a coroner to investigate several deaths that
are suspected of being caused by an overdose of methadone.); or
· a number of deaths that happened at the same time and place.
Clause 34 Pre-inquest conferences: Provides for the holding of pre-
inquest conferences by the Coroners Court to:
(a) decide:
(i) what issues are to be investigated at the inquest; or
(ii) who may appear at the inquest
(iii) which witnesses will be required at the inquest;
(iv) what evidence will be required at the inquest; or
(b) to work out how long the inquest will take
(c) to hear any applications under section 17; or
(d) to otherwise ensure the orderly conduct of the inquest.
Clause 35 Directions or orders about inquests: Provides for the
making of such directions and orders by the Coroners Court as are
considered appropriate for the conduct of the inquest. An example is that
the Coroners Court may make an order to close the court while a witness is
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Coroners Bill 2002
giving evidence under clause 38 that the witness claims would tend to
incriminate the witness.
Clause 36 Right to appear: Provides that the following people have a
right to appear, examine (including cross-examine) witnesses and make
submissions at an inquest:
· a police officer, lawyer or other person assisting the Coroners
Court
· the Attorney General.
· a person who the Coroners Court considers has a sufficient
interest (this could be the representative of a government
department or a family member).
The Attorney General or person who has a sufficient interest may be
represented by a lawyer.
Clause 37 Evidence: Provides that the Coroners Court is not bound by
the rules of evidence and may inform itself as it sees appropriate.
Clause 37(3) provides that the Coroners Court may:
· order a person to produce a document to the Coroners Court prior
to the start of the inquest (this will give the Coroners Court the
opportunity to peruse the document prior to the commencement
of the inquest)
· order a person to attend until excused to give evidence or produce
something
· order a person called at an inquest to take an oath or answer a
question.
Clauses 37(6) and (7) provide for the Coroners Court to issue a warrant
for the arrest of a person who fails to attend the inquest as ordered by the
Coroners Court.
Clause 38 Incriminating evidence: This clause allows a coroner at an
inquest to require a witness to give oral evidence that may incriminate the
witness.
Clause 38(1) provides that the coroner at an inquest may require a
person to give oral evidence that would tend to incriminate the witness. The
coroner can only do this if the coroner is satisfied that it is in the public
interest for the witness to do so.
Clause 38(3) provides that the evidence is not admissible against the
witness in any other proceeding other than a proceeding for perjury.
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Coroners Bill 2002
Clause 38(4) provides that derivative evidence (namely any information,
document or other evidence obtained as a direct or indirect result of the
evidence given by the witness) is not admissible against the witness in a
criminal proceeding.
Clause 39 Exhibits: Provides for the custody of exhibits by the registrar
or deputy registrar. The clause also allows the coroner to make an order
about the custody of exhibits.
Clause 40 Prohibited publications relating to inquests: Provides for
the coroner to make orders in relation to the publication of information
relating to or arising at inquest.
Clause 40(1) provides for the coroner to either before, during or
immediately after the holding of an inquest, make an order prohibiting the
publication of information relating to or arising at an inquest. For example
the coroner may prohibit the publication of information that a deceased
person's death may possible have been self-inflicted.
Clause 40 (3) prohibits the publication of disallowed questions and
answers to disallowed questions.
Clause 40(4) allows the coroner to make orders prohibiting filming,
photographing, sketching or recording.
Clause 41 Contempt: Provides that the Magistrates Court contempt
powers apply to the Coroners Court.
Clause 42 Excluding persons from inquest: Provides that the Coroners
Court may order a person to be excluded from an inquest if it is the interest
of justice, the public or a particular person to do so. For example a person
may be excluded from the inquest until the person has given evidence.
Clause 43 Adjourning inquest: Provides that the Coroners Court may
adjourn an inquest to any time and place.
Clause 44 Coroners findings: Provides the findings that a coroner is to
make, if possible, whether at inquest or otherwise. These findings are:
· whether a death happened (for a suspected death);
· who the deceased person is;
· how the person died;
· when the person died;
· where the person died; and
· what caused the person to die.
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Coroners Bill 2002
Clause 44(4) provides that a copy of the findings are to be given to:
· a family member (defined in the dictionary) who has indicated
that the family member) will accept the document for the family
· a person with a sufficient interest who appeared at the inquest
· if the coroner is not the State Coroner - the State Coroner.
Clause 44(5)provides that the coroner must not include in the findings
any statement that a person is or may be guilty of an offence or civilly
liable for something.
Clause 45 Coroner's comments: Provides that a coroner at inquest may
comment on anything connected with the death that relates to:
· public health or safety.
· the administration of justice.
· ways to prevent deaths from happening in similar circumstances
in the future.
Clause 45(2) provides that a copy of the comments are to be given to:
· a family member (defined in the dictionary) who has indicated
that the family member) will accept the document for the family
· an person with a sufficient interest who appeared at the inquest
· if the coroner not the State Coroner - the State Coroner.
· If a government entity deals with the matters to which the
comment relate the Minister administering the entity and the
chief executive officer of the entity.
Clause 45(3) provides that the coroner must not include in the comments
any statement that a person is or may be guilty of an offence or civilly
liable for something.
Clause 46 Coroner's comments and findings for deaths in care or
custody: Provides that copies of findings and comments for deaths in care
and deaths in custody have to go to:
· the Attorney General
· the appropriate chief executive (which means the chief executive
of the department in which the relevant Act (itself defined by
reference to the particular category of death in care referred to in
clause 9 or death in custody in clause 10) is administered. For
example the deaths of certain persons in certain situations under
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Coroners Bill 2002
the Mental Health Act 2000 are deaths in care. The Mental
Health Act 2000 is the relevant Act in these cases.
· the appropriate Minister (which means the Minister
administering the relevant Act).
Clause 47 Reporting offences or misconduct: This clause deals with
the fact that coroners under the bill cannot commit for trial (compare
section 41 of the Coroners Act 1958).
Instead the clause provides that a coroner must give information about
suspected offences to the director of public prosecutions (for indictable
offences) or the chief executive of the department dealing with the type of
offence (for other offences).
In addition the coroner may give:
· information about official misconduct or police misconduct to
the Crime and Misconduct Commission; and
· information about a person's conduct in a profession or trade to a
disciplinary body.
Clause 48 Reporting to State Coroner: Provides for coroners to give
the State Coroner information about an investigation when requested to do
so by the State Coroner.
Clause 49 Reopening inquests: Provides for the reopening of inquests
either on application to the State Coroner or District Court. The application
can be made to the District Court or the State Coroner.
Clause 49(2) provides that a person may apply to the District Court even
if an unsuccessful application based on the same or substantially the same
grounds has been made to the State Coroner.
Clause 49(3) provides that a person may not apply to the State Coroner if
an unsuccessful application based on the same or substantially the same
grounds has already been made to the District Court.
Clause 49(4) provides that the State Coroner may set aside the finding if
satisfied:
· new evidence casts doubt on the finding; or
· the finding was not correctly recorded.
If the State Coroner sets aside the finding the State Coroner can reopen
the inquest to re-examine the finding or hold a new inquest (or direct
another coroner to do either of these things) clause 49(6).
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Coroners Bill 2002
Clause 49(5) provides that the District Court may set aside the finding if
satisfied -
(a) new evidence casts doubt on the finding; or
(b) the finding was not correctly recorded; or
(c) there was no evidence to support the finding; or
(d) the finding could not be reasonably supported by the evidence.
If the District Court sets aside the finding the District Court may order
the State Coroner to re-open the inquest to re-examine the finding or hold a
new inquest (or direct another coroner to do either of these things) clause
49(7).
Clause 49(8) provides that a coroner who has reopened an inquest, or is
holding a new inquest, may accept any of the evidence given, or findings
made, at the earlier inquest as being correct.
Clause 50 Record of coroner's findings and comments: Provides that
coroners are to keep a record of their comments and findings. The record
cannot be used as evidence in any court or tribunal. The reason for this is
that coroners are not bound by the rules of evidence and their findings may
well be based on a completely different standard of proof to that in another
court or tribunal.
Division 4--Accessing investigation documents
Clause 51 Documents that cannot be accessed: Provides that a coroner
must not give a person access to an investigation document for research or
other purposes, to the extent that the document:
(a) is subject to legal professional privilege;
(b) contains information that is likely to prevent a person from
receiving a fair trial;
(c) contains information that is likely to prejudice the investigation
of a contravention or possible contravention of the law;
(d) contains information that is likely to enable the existence or
identity of a confidential source of information, in relation to the
enforcement or administration of the law, to be ascertained;
(e) contains information that is likely to endanger a person's life or
physical safety;
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Coroners Bill 2002
(f) contains information that is likely to prejudice the effectiveness
of a lawful method or procedure for preventing, detecting,
investigating or dealing with a contravention or possible
contravention of the law;
(g) contains information that is likely to prejudice the maintenance
or enforcement of a lawful method or procedure for protecting
public safety;
(h) contains information that is likely to facilitate a person's lawful
escape from custody;
(i) contains information about a living or dead person's personal
affairs unless the information is relevant to the purposes of a
coronial investigation;
(j) contains information that was obtained from a person under a
requirement in another Act that compelled the person to give the
information.
Clauses 52 and 53 are subject to this clause.
Clause 52 Access to investigation documents for research purposes:
Details the preconditions and types of investigation documents that may be
accessed for genuine research purposes. Under the clause, the State
Coroner can release an investigation document to a "genuine researcher".
A "genuine researcher" is defined as:
(a) a person who is approved under the Health Act 1937 to conduct
research to reduce morbidity or mortality in Queensland;
(b) a person who is a member of an approved quality assurance
committee under the Health Services Act 1991; or
(c) another person who the chief executive considers to be a person
conducting genuine research.
Subject to clause 52, the State Coroner may give access to a document to
a genuine researcher if:
(a) The State Coroner is satisfied that the person is a "genuine
researcher";
(b) The State Coroner is satisfied that the document is reasonably
necessary for the research; and
(c) For a "police document" if the State Coroner decides not to
obliterate the information in the document about a person's
identity, the Commissioner of Police agrees to the release; and
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Coroners Bill 2002
(d) For another type of investigation document, other than a
"coronial document", the chief executive of the entity that
prepared the document agrees to the person having access to the
document.
The State Coroner is not able to give a researcher access to an
investigation document if a coroner is investigating the death to which the
document relates or to confidential information in an investigation
document that has been obtained under clause 17.
Before giving a genuine researcher access to a document, the State
Coroner must ensure that that any information in the document that
identifies a person is obliterated. However, the State Coroner need not
obliterate this information if of the reasonable belief that the person's
identity is necessary for the research to be effective, and the opportunity for
increased knowledge that may result from the research outweighs the need
to protect the privacy of any person living or dead.
Clause 53 Access to investigation documents for other purposes:
Details the preconditions and types of investigation documents that may be
accessed for non-research purposes.
A person may access an investigation document with the consent of the
coroner who is conducting, or had conducted the coronial investigation to
which the document relates. However, if that coroner is not available
another coroner nominated by the State Coroner may give access.
For an investigation document, other than to the extent that the document
contains confidential information obtained under clause 17, a coroner may
consent to give access to the document if the coroner is satisfied that the
person has a sufficient interest in the document. Examples of person's who
might have sufficient interest in a document are provided.
Clause 52(4) provides that a person may access a "coronial document"
only under this clause while a coroner is investigating the death to which
the document relates. The effect of clause 52(4), and the amendment in
Schedule 1 inserting section 11C into the Freedom of Information Act
1992, is that access to a "coronial document" during the period of the
coronial investigation can only be obtained with the consent of the coroner
conducting the investigation. This consent is required notwithstanding that
an agency may have in its possession a copy of the document. An
exception, however, is where the agency obtained the document under
clauses 25 or 53(4). See also explanatory notes for item 6 in Schedule 1.
Provision is made for police to access "coronial documents" without the
coroner's consent for the investigation or prosecution of an offence relating
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Coroners Bill 2002
to a death. A police officer may also give someone else access to the
document for the investigation or prosecution, without the coroner's
consent. For example, a police officer would be able to give a copy of a
coronial document to the Director of Public Prosecutions for the purposes
of a prosecution related to the death. However, a police officer cannot
access information in a coronial document that was obtained under a
provision in an Act that compelled a person to give the information.
This clause is subject to clause 17 and clause 51.
Clause 54 Conditions imposed on access: Provides that when
consenting to give a person access to an investigation document, a coroner
may impose conditions on the consent that the coroner considers are
necessary to protect the interests of justice, the public or a particular
person. Unless the person has a reasonable excuse, a person given access
to an investigation document subject to a conditional consent must comply
with the conditions. The maximum penalty for breaching a condition is
100 penalty units or 2 years imprisonment.
Clause 55 Refusing access in the public interest: Provides that a
coroner may refuse to allow a person access to part or all of an
investigation document if the coroner considers that disclosure of the
information in the document (or part thereof) would not be in the public
interest, when weighed against other interests. Examples of when a
coroner may refuse access to a document are provided.
Clause 55 applies even if a person seeking access to a document is
otherwise eligible under this division to be given access.
Clause 55 gives the coroner the discretion to refuse access to a coronial
document until a stated time. An example of when a coroner may refuse
access is provided.
Under this clause, a person may apply to a coroner who refused access to
an investigation document for the coroner to amend or revoke an order
containing a refusal to give access to a document. An example of when an
application to amend or revoke might be made is provided.
Clause 56 Coroner to pass on refused request for investigation
document: Provides for the coroner to inform an entity that prepared an
investigation document if there has been a request for access to the
document which has been refused due to clause 52 (Documents that can
not be accessed).
Clause 56 also requires the coroner to advise the chief executive officer
of any concerns that the coroner has about how the coroner's investigation
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Coroners Bill 2002
may be affected if the document were released to the person. The intention
of this requirement is to assist the agency in making a decision under the
Freedom of Information Act 1992 as to whether the document is to be
released (see in particular section 51 of the Freedom of Information Act
1992).
Clause 56 provides that the applicant must be advised in writing by the
coroner that the coroner has forwarded the person's request to the chief
executive officer. Clause 56 does not apply if the document in question is a
"coronial document".
Clause 57 Identifying coronial documents: Provides that if an entity
gives a coroner an investigation document, the entity must inform the
coroner of whether or not the document was specifically prepared in
connection with the investigation.
Division 5--Physical evidence
Clause 58 What division applies to: Provides that the division applies
to the following physical evidence:
· anything seized by a police officer for an investigation.
· any exhibits that were tendered at inquest.
· any other property that came into the possession of a coroner,
police officer, registrar or deputy registrar for the investigation.
The division does not apply to an investigation document except an
investigation document that was seized by a police officer for the
investigation.
Clause 59 Returning physical evidence: Provides that the coroner must
order the return of physical evidence to its owner as soon as the coroner
decides that the evidence is no longer required for:
· the investigation; or
· the investigation of another death under the Act; or
· a proceeding for an offence relating to the death.
Clause 60(3) provides that the owner of property is the person who
appears to the coroner to be the lawful owner or if the owner has died the
deceased person's personal representative.
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Coroners Bill 2002
Clause 60 Forfeiting physical evidence to the State: Provides that
physical evidence becomes State property if the coroner:
· Cannot return it to the owner; or
· Does not return it to the owner because it is not lawful for the
owner to possess the physical evidence; or
· Decides it is not desirable to return the physical evidence to the
owner (for example a cracked safety helmet that a deceased
person was wearing when killed).
Once the physical evidence becomes State property the coroner may
arrange for it to be dealt with in accordance with guidelines issued by the
State Coroner. If the physical evidence that becomes State property is in the
possession of the police service then it is dealt with under section 441 of
Police Powers and Responsibilities Act 2000.
Clause 61 Access to physical evidence: Provides that an owner is to be
given access to physical evidence.
Division 6--Transferring investigation to another coroner
Clause 62 Transferring investigation to another coroner: This clause
deals with the ability of the State Coroner to reassign investigations in
certain situations.
Clause 62(2) provides that the State Coroner may reassign investigations
that have not gone to inquest if the State Coroner considers it necessary for
the efficient operation of the coronial system.
Clause 62(3) allows the State Coroner to reassign the investigation,
whether or not it has gone to inquest, if the original coroner;
· stops being a coroner; or
· is not available to finish the investigation because of absence or
another reason.
A new coroner at a reassigned inquest can:
· continue the inquest; or
· rehear part of the evidence heard by the original coroner;or
· hold a new inquest.
A new coroner for a reassigned investigation can
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Coroners Bill 2002
· consider any evidence that was before the original coroner
· do anything the original coroner could do.
PART 4--ADMINISTRATION
Division 1--Coroners Court
Clause 63 The Coroners Court: Provides for:
· the Coroners Court to be established
· the Coroners Court to be a court of record.
· the Coroners Court to be constituted by a coroner
Clause 64 Jurisdiction of the court is exclusive: Provides that only the
Coroners Court may hold inquests.
Clause 65 Where the court may be held: Provides that the Coroners
Court:
· may be held at any place
· may be held in more than 1 place at the same time
· held at a place may be referred to as the Coroners Court at the
place.
Clause 66 Seals of the court: Provides for a seal for the Coroners Court.
Clause 67 Rule making power: Provides for the making of rules for the
practice and procedure of the Coroners Court including rules about pre-
inquest conference practice and procedure.
Clause 68 Practice directions: Provides for the State Coroner to make
practice directions about the Coroners Court's general procedures. The
clause provides that this power does not limit any inherent or other power
to make practice directions for a particular inquest.
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Coroners Bill 2002
Division 2--State Coroner
Clause 69 Appointment of State Coroner: Provides for the
appointment of a magistrate as State Coroner by the Governor in Council.
Although the State Coroner has to be a magistrate, a person who is not an
existing magistrate can be appointed provided the person is first appointed
as a magistrate.
The initial term of appointment is for not more than 5 years. The
appointment may be renewed once for not more than 5 years.
Clause 70 Functions and powers of State Coroner: Provides the
specific functions of a State Coroner, namely:
· to oversee and coordinate the coronial system; and
· to ensure the coronial system is administered and operated
efficiently; and
· to ensure deaths reported to coroners that are reportable deaths
are investigated to an appropriate extent; and
· to ensure an inquest is held if:
(i) the inquest is required to be held under this Act; or
(ii) it is desirable for the inquest to be held; and
· to be responsible, together with the Deputy State Coroner, for all
investigations into deaths in custody; and
· to issue directions and guidelines about the investigation of
deaths under the Act; and
· any other function given to the State Coroner or a coroner under
this or another Act.
Clause 70 (6) provides that certain sections of the Magistrates Act 1991
do not apply to the State Coroner.
Clause 71 Resignation of State Coroner: Provides how the State
Coroner may resign.
Clause 72 When person stops being the State Coroner: Provides that
a person stops being the State Coroner when the person stops being a
magistrate. The clause goes on to provide that a person cannot be the State
Coroner while the person is suspended as a magistrate.
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Coroners Bill 2002
Clause 72(3) provides that for a State Coroner, the duties mentioned in
Section 15(4) of the Magistrates Act 1991 include the duties of State
Coroner.This means that if the State Coroner is incompetent in the
performance of his duties as State Coroner the suspension procedure under
section 15 of the Magistrates Act 1991 can be activated against the State
Coroner.
Clause 73 Acting as State Coroner: This clause deals with who may act
as the State Coroner.
Clause 73(2) allows for the Governor in Council appointment of a
magistrate as Acting State Coroner. The appointment must not be longer
than 6 months. The appointment may be renewed at any time.
Clause 73 (6) provides that despite clause 73(2), the Deputy State
Coroner can automatically act as State Coroner (in other words no special
appointment needs to be made) when:
· no one holds a Governor in Council appointment to act as State
Coroner; or
· someone does hold such an appointment but is not immediately
available to act under the appointment.
Clause 74 Staff of the State Coroner: Provides the staff of the State
Coroner are to be appointed under the Public Service Act 1996.
Clause 75 Consulting with the Chief Magistrate: Provides that the
State Coroner must consult with the Chief Magistrate about:
· the resources necessary to ensure the efficient administration of
the coronial system.
· the amount of work conducted by magistrates as coroners.
· any guidelines or practice directions the State Coroner wishes to
issue.
Clause 76 Annual report: Provides for a report to be prepared by the
State Coroner as soon as practicable after the end of each financial year and
given to the Minister.
The report must contain:
· the State Coroner guidelines that were operative in the year;
· a summary of the investigation, including the inquest, into each
death in custody.
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Coroners Bill 2002
The report may also contain a summary of any other investigation that
the State Coroner considers should be brought to the Minister's attention.
Division 3--Deputy State Coroner
Clause 77 Appointment of Deputy State Coroner: Provides for the
appointment of a magistrate as Deputy State Coroner by the Governor in
Council.
The initial term of appointment is for not more than 5 years. The
appointment may be renewed once for not more than 5 years.
Clause 78 Functions and powers of Deputy State Coroner: Provides
that in addition to the functions and powers of a magistrate and coroner the
Deputy State Coroner has the powers and functions of the Deputy State
Coroner under this or another Act.
Whilst the State Coroner must devote the whole of the State Coroner to
the duties of the office of State Coroner (clause 72(4)) there is no such
requirement for the Deputy State Coroner. It is therefore possible that the
Deputy State Coroner may perform some duties as a magistrate whilst the
person is Deputy State Coroner.
Clause 79 When peerson stops being the Deputy State Coroner:
Provides that a person stops being the Deputy State Coroner when he/she
stops being a magistrate. The clause also provides that a person cannot be
the Deputy State Coroner while the person is suspended as a magistrate.
Clause 79(3) provides that for a magistrate who is the Deputy State
Coroner the duties mentioned in section 15(4) of the Magistrates Act 1991
include the duties of Deputy State Coroner. This means that if the Deputy
State Coroner is incompetent in the performance of his duties as Deputy
State Coroner the suspension procedure under section 15 of the
Magistrates Act 1991 can be activated against the Deputy State Coroner.
Clause 80 Acting as Deputy State Coroner: Provides for the
appointment by the State Coroner of a magistrate as Acting Deputy State
Coroner following consultation with the Chief Magistrate. The
appointment must not be for longer than 6 months. It can be renewed at any
time.
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Coroners Bill 2002
Division 4--Other coroners
Clause 81 Local coroners: Provides that every magistrate is a local
coroner with the functions and powers of a coroner under this or another
Act. The reference to magistrate includes a person who is acting as a
magistrate.
The clause goes on to provide that that a person stops being a local
coroner when the person stops being a magistrate and that a person cannot
be a local coroner whilst suspended as a magistrate.
The clause provides that for the purpose of section 15(4) of the
Magistrates Act 1991 the duties of office of magistrate include the duties of
a coroner. Section 15(4) of the Magistrates Act 1991 details when there is
proper cause to suspend a magistrate from office and includes references to
duties. This means that if the coroner is incompetent in the performance of
his duties as coroner the suspension procedure under section 15 of the
Magistrates Act 1991 can be activated against the coroner.
Clause 82 Appointed coroners: Provides for the appointment of
coroners by the Governor in Council.
Division 5--Registrar and deputy registrars
Clause 83 Registrar: Provides for the appointment by the Governor in
Council of a public servant as registrar.
Clause 84 Deputy registrars: Provides:
· for the appointment by the Governor in Council of a public
servant as deputy registrar
· that each clerk of the court under the Justices Act 1886 is a
deputy registrar of the Coroners Court.
Clause 85 Delegation of powers to registrars and deputy registrars:
This clause deals with the mechanism for delegation of powers. Its
intention is to ensure that the State Coroner has control over which powers
are delegated. It does this by:
· allowing the State Coroner to delegate powers to the registrar and
an appropriately qualified deputy registrar
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Coroners Bill 2002
· allowing a coroner, with the State Coroner's approval, to delegate
a power to the registrar and an appropriately qualified deputy
registrar.
Consultation must also occur with the chief executive in relation to the
delegation of powers to a deputy registrar.
The act of receiving a report about a reportable death can also be
delegated under this clause.
The powers that can be delegated include the power to issue a
permission to cremate under the Cremations Act 2002. The following
powers cannot be delegated:
· the power to conduct an inquest
· the power require a person to give information relevant to an
investigation under clause 16
· the power to authorise a police officer to exercise a power under
Police Powers and Responsibilities Act 2000.
Division 6--Other general provisions about coroners
Clause 86 Obstruction: Provides that a person must not obstruct a
coroner or other person performing a function under the Act, unless the
person has a reasonable excuse.
Clause 87 Immunity: Provides for immunities for coroners,
representatives and witnesses.
When performing a function under this Act (including an administrative
function) a coroner has the same protection and immunity as a Supreme
Court judge in a Supreme Court proceeding.
A person representing a person before the Coroners Court has the same
protection as a lawyer appearing for a party in a Supreme Court
proceeding.
A witness has same protection and immunity as a witness appearing in a
Supreme Court proceeding. This is subject to clause 38 of the bill under
which a witness may be required to give oral evidence that may incriminate
the witness.
Clause 88 Coroner as witness: Provides that a coroner cannot be called
as a witness in relation to anything that came to the coroner's knowledge
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Coroners Bill 2002
whilst performing a function under the Act. The clause does not apply to a
proceeding relating to the suspension of a coroner from the office of
magistrate.
Clause 89 Coroner's orders: Provides that coroner's orders must be
reduced to writing.
Clause 90 Coroner's service counts as magistrate's service: Provides
that when working out a coroner's rights as a magistrate, service as a
coroner counts as service as a magistrate.
PART 5--MISCELLANEOUS
Clause 91 Register of deaths: Obliges the State Coroner to keep a
register of deaths or suspected deaths investigated under the Act. The
register is to contain the following information for each death:
(a) the date on which the person's death was reported or otherwise
brought to the coroner's notice;
(b) a summary of any findings of the investigation, including any
inquest;
(c) a summary of any comments made at any inquest.
Clause 92 National coronial database: Allows for the State to enter
into an arrangement with a government or non-government entity that
maintains a database about coronial investigations. The clause provides
that the minister may, on behalf of the State, enter into an arrangement with
the entity for stated information obtained under this Act to be included in
the database. The clause also specifies certain matters that the Minister
must be satisfied of before entering into such an agreement.
Clause 93 Evidentiary aids: Provides for certain presumptions
including:
· the appointment of the State Coroner, registrar and deputy
registrar
· the power of a coroner, the registrar or deputy registrar to do
anything under the Act.
Clause 94 Authorising burial of body etc: This clause deals with what
is required before a body can be prepared for burial, buried or taken out of
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Coroners Bill 2002
Queensland. Local laws under the Local Government Act 1993 may have
additional requirements
"Burial" is defined in the dictionary to include cremation or other lawful
disposal either in Queensland or elsewhere.
The clause provides that a person must not prepare a body for burial,
bury the body or remove it out of Queensland unless the person is
authorised to do so by clause 94 (2). A person is authorised by clause 94(2)
if :
(a) for a death investigated by a coroner -
· a medical certificate of the cause of death under
Registration of Births, Deaths and Marriages Act 1962 has
been issued with the coroner's consent (see clause 12); or
· the coroner has ordered the release of the body under clause
26; or
(b) for a death investigated by a non-Queensland coroner (defined
in the dictionary) - a non-Queensland coroner's release
certificate has been issued; or
(c) otherwise a cause of death certificate has been issued. (Cause
of death certificate is defined in the dictionary to mean
· a medical certificate of the cause of death, or perinatal
death, under the Registration of Births, Deaths and
Marriages Act 1962; or
· a similar certificate issued under a law of another State or
country that is similar in effect to the Registration of Births,
Deaths and Marriages Act 1962.
The clause has the effect of recognising documentation from outside
Queensland for the purpose of burial in Queensland.)
The clause does not apply to:
(a) parts of a body taken during a coronial or other autopsy.
(b) parts of a body taken during a medical procedure.
(c) indigenous burial remains as defined in the dictionary by
reference to section 34 of the Cultural Record (Landscapes
Queensland and Queensland Estate) Act 1987.
(d) taking a human body to any type of mortuary.
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Coroners Bill 2002
Clause 95 Application of Act to stillborn child: This clause makes it
clear that the Act, like the common law and the Coroners Act 1958, does
not apply to a stillborn child (which is defined in the dictionary to mean a
child not born alive as defined in the Registration of Births, Deaths and
Marriages Act 1962). The exceptions to this are that the coroner can order
an autopsy to find out whether the body is that of a stillborn child (clause
19(1)(b)). The other clauses mentioned in the provision are the
consequence of the coroner making the order for autopsy to find out
whether the body is that of a stillborn child ie
· the coroner has to stop investigating if the autopsy establishes
that the body is that of a stillborn child(clause 12(2)(c); and
· the coroner has to order the release of the body if the autopsy
establishes that the body is that of a stillborn child (clause
26(2)(c))
Clause 96 Meaning of `de facto partner": Defines de facto partner.
This is relevant because the dictionary defines "family member" to include
"spouse" which is in turn defined to include a de facto spouse.
The definition reflects section 32DA of the Acts Interpretation Act 1954.
De facto partner" means a person with whom another person is living as
a couple on a genuine domestic basis. The person and the other person
must not be married or related by family. The gender of the two people is
not relevant. Subclause 96 (2) sets out a non-exhaustive list of factors to be
considered when deciding whether 2 people are living together as a couple
on a genuine domestic basis. These include things such as the length of the
relationship, the degree of financial dependence or interdependence and the
reputation and public aspects of the relationship.
The clause also makes it clear that two persons are not to be regarded as
de facto partners of each other merely because they share a residence.
Clause 96(6) provides that this section, the definition of "de facto
partner" and the definition of "spouse" will all expire on commencement of
section 32DA of the Acts Interpretation Act 1954.
Clause 97 Approval of forms: Provides that the State Coroner may
approve forms for use under the Act.
Clause 98 Regulation making power: Provides for making of
regulations including the fees payable to a doctor for an autopsy and the fee
payable for a copy of an investigation document.
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Coroners Bill 2002
PART 6--TRANSITIONAL PROVISIONS
Clause 99 When repealed Act still applies: Provides when the repealed
Act still applies.
Clause 99(1) provides that the Coroners Act 1958 continues to apply to a
pre-commencement death and a pre-commencement fire. Pre-
commencement death and pre-commencement fire are defined in clause
99(3).
Clause 99(2) provides that despite clause 99(1) the Coroners Act 2002
applies to:
· the release of an investigation document relating to a pre-
commencement death or fire for research purposes; and
· the fees payable for the release of an investigation document for
any purpose.
Clause 99(3) defines pre commencement death as a death:
(a) that was reported to a police officer or coroner before the
commencement of this section; or
(b) in relation to which an inquest was held before the
commencement of this section, but reopened after the
commencement.
Clause 99(3) defines "pre-commencement fire" to mean a fire in relation
to which--
(a) a coroner formed the opinion, before the commencement of this
section, that an inquest should be held; or
(b) the Minister has, before the commencement of this section,
directed a coroner to hold an inquest; or
(c) a person who requested that an inquest into the fire be held had
complied with the Coroners Act 1958, section 8(1)(c) before the
commencement of this section.
Clause 100 Appointments continue: Provides that certain appointments
continue under the repealed Act.
Clause 100(1): Provides that a clerk of court or acting clerk of court who
immediately before the commencement of the section was holding an
inquest, is taken to be a coroner for the purpose of the inquest.
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Coroners Bill 2002
Clause 100(2): Provides that a person who, immediately before
commencement held an appointment to a position under the Coroners Act
1958 that is equivalent to a position under this Act is taken to hold the
position under this Act..
Clause 100(3): Provides that the person continues to hold the
appointment subject to this Act until
(a) the end of the term of appointment; or
(b) reappointed under this Act.
Clause 101 Orders continue: Provides for the continuation of orders in
force immediately before the commencement of the section.
Clause 102 References to repealed Acts: Provides that references to the
repealed Act (ie the Coroners Act 1958) in an Act or document may, if the
context allows, include a reference to the Coroners Act 2002.
Clause 103 Common law overridden: Provides that a rule of common
law that before commencement imposed a duty or conferred a power on a
coroner or the Coroners Court has no effect after commencement. In
particular--
· a coroner investigating a death does not have to view the person's
body unless the coroner chooses to do so; and
· a Coroners Court does not sit with a jury.
PART 7--REPEAL
Clause 104 Repeal: Provides for the repeal of the Coroners Act 1958.
PART 8--CONSEQUENTIAL AMENDMENTS
Clause 105 Consequential amendments: Provides for a series of
consequential amendments to other Acts in Schedule 1
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Coroners Bill 2002
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS
DIRECTOR OF PUBLIC PROSECUTIONS ACT 1984
Item1: Amends section 10 of the Act so that the function of the Director
of Public Prosecutions to assist a coroner or instruct counsel assisting a
coroner in an inquest under the Coroners Act 1958 extends to a coroner and
inquest under the Coroners Act 2002.
EVIDENCE ACT 1977
Items 2 and 3: Amends the references in the Act to include the Coroners
Court.
FIRE AND RESCUE AUTHORITY ACT 1990
Item 4: Omits section 130 of the Fire and Rescue Authority Act 1990
which deals with coronial inquiries into fires. This is because this bill does
not give a coroner jurisdiction over non fatal fires.
FREEDOM OF INFORMATION ACT 1992
Item 5 Inserts a definition that "coroner" means State Coroner or another
coroner under the Coroners Act 2002.
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Coroners Bill 2002
Item 6 Provides that the Freedom of information Act 1992 does not apply
to a coronial document if the coroner is investigating the death to which the
document relates. The effect of item 6 and clause 52(4) is that a "document
of an agency", if it is a "coronial document" and the coronial investigation
to which it relates is not finalised, can only be released by the agency with
the consent of the coroner.
However, the Freedom of Information Act 1992 will apply to a coronial
document that is a "document of an agency" where the agency obtained it
under clauses 25 or 53(4).
The term "document of an agency" is defined in section 7 of the
Freedom of Information Act 1992
HEALTH SERVICES ACT 1991
Item 7: Inserts a new section 57A to make it clear that the duty that
officials have under section 57 not to disclose information does not
preclude the officials from giving information to a coroner or other person
performing a function under the Coroners Act 2002.
Item 8: Inserts a new section 63A to make it clear that the duty that
employees and others have under section 63 not to disclose information
does not preclude the employees and others from giving information to the
coroner under the Coroners Act 2002.
POLICE POWERS AND RESPONSIBILITIES ACT 2000
Item 9: Inserts a new Part4A into Chapter 9 of the Police Powers and
Responsibilities Act 2000 to give police certain powers when assisting
coroners under the Coroners Act 2002.
Proposed section 371AA allows a police officer, without warrant, to
enter premises if the police officer reasonably suspects that someone is
dead or in need of urgent medical attention.
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Coroners Bill 2002
If a person at a place is found dead or in need of a urgent medical
attention the police officer can stay on the place for only as long as is
necessary to ensure that anything necessary to be done for the person is
done.
This could include the body being taken to a mortuary. If the death was
not reportable to the coroner then the police officer may choose to wait
whilst the family organises the removal of the body to a mortuary. If the
death is reportable to the coroner then the police officer would have to
exercise his powers under proposed section 371AB(2) of Police Powers
and Responsibilities Act 2000 to arrange for the body to betaken to a
mortuary where autopsies ordered by coroners are conducted.
This could also include an ambulance being called to take the person to a
hospital.
Proposed section 371AB: The section applies if a police officer attends a
place where there is a body of a deceased person and the police officer
reasonably believes the death is a reportable death.
A police officer may arrange for the body to be removed to a mortuary
where autopsies ordered by coroners are conducted.
The police officer may:
· take reasonable steps to restrict entry
· seize anything at the place that the police officer reasonably
suspects may be relevant to an investigation of the death by a
coroner
· photograph the body or anything else at the place that the officer
reasonably suspects may be relevant to the investigation.
Proposed section 371AC allows a police officer to restrict entry to a
place where the death that is being investigated is believed to have
happened or something that caused or contributed to the death is believed
to have happened when:
· the place is not a crime scene; and
· the coroner directs the police officer to restrict entry.
Proposed section 371AD allows for the issue of a coroner's search
warrant by a coroner on the coroner's own initiative. Under the search
warrant a police officer has the following powers:
(a) the powers described in section 74(1)(a) to (e) and (g) of the
Police Powers and Responsibilities Act 2000 (this includes
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Coroners Bill 2002
power to open things that are locked and power to pass over
places to get to the place where the search is to be conducted) ;
and
(b) power to seize a thing found at the place, or on a person found at
the place, that the police officer reasonably suspects may be
relevant to the coroner's investigation (an example is given of a
suicide note); and
(c) power to inspect, measure, photograph or film the place or
anything at the place; and
(d) power to take a thing, or a sample of a thing, from the place for
testing; and
(e) power to copy a document at the place; and
(f) power to require a person at the place to give the police officer
reasonable help to exercise the powers mentioned in paragraphs
(a) to (e).
Proposed section 371 AE provides for the dealing with seized things by a
police officer.
Proposed section 371AF gives police officer the power to require
information for the investigation. A police officer must tell a person who
fails to comply with the requirement that the person may :
· fail to comply with the requirement if the information would tend
to incriminate the person; or
· seek legal advice before giving the information.
A police officer's obligations under this section are in addition to the
police officer's obligations under section 391 of the Police Powers and
Responsibilities Act 2000 which provides obligations upon police officers
when the police officer makes a requirement of a person under the Police
Powers and Responsibilities Act 2000.
Proposed section 371AG makes it clear that things obtained by a police
officer under this part may be used in a criminal proceeding.
Items 10 and 11: Make consequential amendments to the Police Powers
and Responsibilities Act 2000 as a result of the insertion of the new Part.
Item 12: Inserts new section 447A of the Police Powers and
Responsibilities Act 2000 The section provides for the general duty of
police officers to assist coroners in the performance of their functions or
exercise of a power under the Coroners Act 2002, including the
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Coroners Bill 2002
investigation of deaths and the conduct of inquests. he clause is based on
section 50 of the Coroners Act 1958.
Items 13 to 15: Make further consequential amendments to the Police
Powers and Responsibilities Act 2000 as a result of the insertion of the new
Part.
PRIVATE HEALTH FACILITIES ACT 1999
Item 16 Inserts a new section 147A to make it clear that the duty under
section 147 not to disclose information does not apply to the disclosure of
information to a coroner or other person performing a function under the
Coroners Act 2002.
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962
Items 17 to 25: Make a series of consequential amendments to the act
having regard to the provisions of the bill.
For example, section 31 of the Registration of Births, Deaths and
Marriages Act 1962 refers to the provision of a post mortem examination
certificate to the Registrar General by the doctor conducting a post mortem
for the coroner. The amendment to section 5 of the Registration of Births,
Deaths and Marriages Act 1962 has the effect that the certificate will be
able to be called an autopsy examination certificate. This reflects the use of
the term "autopsy" as opposed to "post mortem" in the bill.
TRANSPLANTATION AND ANATOMY ACT 1979
Items 26 to 29: Make a series of consequential amendments having
regard to the provisions of the bill.
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Coroners Bill 2002
SCHEDULE 2
DICTIONARY
Inserts various definitions for terms used in the Act.
© State of Queensland 2002