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1
Coroners Bill 2002
CORONERS BILL 2002
EXPLANATORY NOTES
AMENDMENTS TO BE MOVED IN COMMITTEE
BY THE HONOURABLE ATTORNEY-GENERAL
AND MINISTER FOR JUSTICE
General Outline
Title of the Bill
Coroners Bill 2002
Objectives of the Amendments
A number of people provided further comments on the Bill following its
introduction.
Those comments highlighted the need to:
· make it clear that the Recording of Evidence Act 1962 governed
the recording of proceedings in the Coroners Court and access to
copies of the transcriptions of the recording of proceedings made
· provide some additional safeguards for the exercise by police of
the powers they are given under the Bill to assist coroners
· extend the definition of family member to provide for other
relatives in certain circumstances.
· make a number of technical amendments to the Bill.
Achievement of the Objectives
The objectives are being achieved by:
· inserting a new clause 37A to provide that:
· proceedings in the Coroners Court are to be recorded under
the Recording of Evidence Act 1962
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Coroners Bill 2002
· subject to an order by the Coroners Court and the
requirements of the Recording of Evidence Act 1962 (for
example the payment of the relevant fee), anyone can obtain
a copy of the record made under the Recording of Evidence
Act 1962 (Note: the amendment to the Dictionary in
Schedule 2 defines "record" made under the Recording of
Evidence Act 1962 to include a transcription of the record.)
· amending proposed new section 371AD of the Police Powers and
Responsibilities Act 2000 to provide:
· extra requirements for the coroner's search warrant, namely
that the warrant must state brief particulars that identify the
death that the coroner is investigating and the evidence that
may be seized under the warrant; and
· that the coroner's search warrant only has to state the hours
the place may be entered when the warrant is being
executed at night. (This is consistent with the general
warrant requirements of section 73(1)(d) of Police Powers
and Responsibilities Act 2000.)
· a police officer cannot exercise the powers under the section
to inspect, take things for testing and copy documents under
the clause unless the police officer reasonably suspects that
the exercise of the powers is necessary for the coroner's
investigation.
· amending proposed section 371AF of the Police Powers and
Responsibilities Act 2000 to provide that police must inform
persons that:
· they do not have to incriminate themselves;
· they can get legal advice as part of the requirement
as part of the requirement to provide information (as opposed to
doing this after there has been a failure to comply which is
currently the case under the Bill)
· providing in the definition of a "family member" that if a spouse,
adult child, parent or adult sibling is not reasonably available,
family member can also mean the next nearest adult relative of
the deceased person
· making a number of technical amendments to the Bill including
amending the transitional provisions regarding payment of fees
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Coroners Bill 2002
for access to documents under the Coroners Act 1958 and
defining what "not reasonably available" means in the definition
of "family member".
The amendments also amend the District Court of Queensland Act 1967
as a result of the Sexual Offences (Protection of Children) Amendment Act
2003.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the policy objectives.
Estimated Cost for Government Implementation
There should not be any cost to government associated with
implementation of the amendments.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
The amendment to proposed section 371AF of the Police Powers and
Responsibilities Act 2000 provides greater reinforcement of section 4(3)(f)
of the Legislative Standards Act 1992 (appropriate protection against self-
incrimination) by providing that police must inform persons that:
· they do not have to incriminate themselves;
· they can get legal advice
as part of the requirement to provide information (as opposed to doing this
after there has been a failure to comply which is currently the case under
the Bill).
Consultation
Queensland Health and the Queensland Police Service were consulted in
relation to the proposed amendments.
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Coroners Bill 2002
NOTES ON PROVISIONS
Amendment 1 amends clause 2 of the Bill to provide that the amendment
to the District Court of Queensland Act 1967 contained in Schedule 1
(inserted by amendment 12) commences on 1 May 2003.
Amendment 2 amends clause 7 of the Bill to make it clear that a police
officer has to "on report" to a coroner every death that is reported to the
police officer under the section and not just deaths that the police officer
might determine are reportable. It is for the coroner, not the police officer,
to make a determination as to whether a death is a reportable death. The
clause is still subject to clause 7(4) which provides for what happens where
the death is reported to a police officer because a cause of death certificate
has not issued and is not likely to be issued.
Amendment 3 amends clause 28 by deleting paragraph (a) of clause
28(2) which provides that in deciding whether it is desirable to hold an
inquest the coroner may consider the wish of any family member that an
inquest be held. The paragraph is being deleted because it is superfluous
given that clause 30 of the Bill allows any person (which obviously
includes a family member) to apply to the coroner to hold an inquest.
Amendment 4 inserts a new clause 37A to provide:
· the Coroners Court can decide whether pre-inquest conferences
are to be recorded under the Recording of Evidence Act 1962;
· proceedings in the Coroners Court must be recorded under the
Recording of Evidence Act 1962 ; and
· subject to an order by the coroner under section 40 and the
requirements of the Recording of Evidence Act 1962, anyone is
entitled to obtain a copy of the record under that Act. This
includes a copy of the transcription of a record because
Amendment 20 inserts in to the Dictionary in Schedule 2 a
definition of record under the Recording of Evidence Act 1962 to
include a transcription of the record.
The requirements of the Recording of Evidence Act 1962 include
the regulations under the Recording of Evidence Act 1962. The
regulations determine the fees payable for a copy of a
transcription of the record in printed form and a copy of a
transcription of the record in computer disc form (if available)
and for copies of the record in cassette tape form (if available).
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Coroners Bill 2002
Amendment 5 amends clause 40 by inserting new sub clauses to allow
the Coroners Court to prohibit:
· the issue of the whole or part of a copy of the record made under
the Recording of Evidence Act 1962; or
· the publication of the whole or part of a copy of the record made
under the Recording of Evidence Act 1962.
The Coroners Court may want to do this in relation to evidence given
under clause 38 (incriminating evidence).
Amendment 6 amends the definition of "record" in clause 40 to delete the
exclusion of a recording under the Recording of Evidence Act 1962. This is
because the exclusion is now superfluous given that the new clause 37A
(amendment 4) makes it absolutely clear that proceedings in the Coroners
Court (except pre-inquest conferences) must be recorded under the
Recording of Evidence Act 1962.
Amendment 7 amends clause 50(2) to clarify the intention of that clause
namely that the record of the coroner's findings and comments (which may
be based on a completely different standard of proof to that of another court
or tribunal) is not evidence in any court or tribunal of the facts asserted in
the record.
Amendment 8 amends clause 76 to provide that the Annual Report is also
to contain a summary of the types of directions that the State Coroner has
given to coroners under section 14 (Guidelines and directions for
investigations).
Amendment 9 amends clause 99 to:
· provide that for a pre-commencement death or pre-
commencement fire, the State Coroner has the functions and
powers of coroner under the Coroners Act 1958. This will allow a
State Coroner to continue an inquiry under the Coroners Act
1958 which he/ she may have started prior to the commencement
of the new Act because the functions of State Coroner (clause 70)
will now specifically include functions under the Coroners Act
1958.
· provide a unique definition of "investigation document" for the
purpose of clause 99. The definition includes documents under
the Coroners Act 1958. This is because it is intended under
clause 99 that the new Act applies to:
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Coroners Bill 2002
· the release for research purposes of documents under the
Coroners Act 1958 that are the equivalent of investigation
documents under the Coroners Act 2002; and
· the fees for release of the equivalent of investigation
documents for any purpose.
Amendments 10 and 11 amend the titles of Part 8, section 105 and
Schedule 1 to "Minor and consequential amendments" to accommodate the
amendment to the District Court of Queensland Act 1967 in amendment
12.
Amendment 12 inserts an amendment to the District Court of
Queensland Act 1967 as a new item into Schedule 1 of the Bill.
The Sexual Offences (Protection of Children) Amendment Act 2003
increased the penalty in section 210 of the Criminal Code (indecent
treatment of children under 16 years) to 20 years. Jurisdiction in the
District Court only goes to 14 years unless the section is specifically named
in section 61(2)(b) of the District Court of Queensland Act 1967. An
amendment therefore needs to be made to section 61(2)(b) of the District
Court of Queensland Act 1967 to insert section 210(3) or 210(4) of the
Criminal Code. The relevant parts of the Sexual Offences (Protection of
Children) Amendment Act 2003 are scheduled to commence on 1 May
2003. This amendment will also commence on 1 May 2003.
Amendment 13 amends proposed new section 371AD of the Police
Powers and Responsibilities Act 2000 which is being inserted as part of the
amendments to the Police Powers and Responsibilities Act 2000 contained
in Schedule 1 of the Bill. The amendment:
· introduces some extra requirements for the coroner's search
warrant, namely that the warrant must state brief particulars that
identify the death that the coroner is investigating and the
evidence that may be seized under the warrant; and
· provides that the warrant only has to state the hours the place
may be entered when the warrant is being executed at night.
(This is consistent with the general warrant requirements of
section 73(1)(d) of Police Powers and Responsibilities Act 2000.)
Amendment 14 amends proposed new section 371AD of the Police
Powers and Responsibilities Act 2000 which is being inserted as part of the
amendments to the Police Powers and Responsibilities Act 2000 contained
in Schedule 1 of the Bill. The amendment provides that a police officer
cannot exercise the powers to inspect, take things for testing and copy
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Coroners Bill 2002
documents under proposed new section 371AD unless the police officer
reasonably suspects that the exercise of the powers is necessary for the
coroner's investigation. The amendment also removes the definition of
"coroner" for the purpose of proposed section 371AD. This is because the
amendment 16 now deals with this.
Amendment 15 amends proposed new section 371AF of the Police
Powers and Responsibilities Act 2000 which is being inserted as part of the
amendments to the Police Powers and Responsibilities Act 2000 contained
in Schedule 1 of the Bill. The clause gives police the power to require
persons to give information in certain circumstances. The amendment
provides that police must inform persons that:
· they do not have to incriminate themselves;
· they can get legal advice
as part of the requirement to provide information (as opposed to doing this
after there has been a failure to comply which is currently the case under
the Bill).
Amendment 16 amends the amendments to the Police Powers and
Responsibilities Act 2000 contained in Schedule 1 of the Bill by inserting a
definition of "coroner" into Schedule 4 of the Police Powers and
Responsibilities Act 2000. The definition means a coroner under the
Coroners Act 2002.
Amendment 17 amends the definition of coronial document in the
Dictionary in Schedule 2 of the Bill to make it clear that it does not include
either the record under the Recording of Evidence Act 1962 or a copy of the
record under the Recording of Evidence Act 1962. This includes a copy of
the transcription of a record because Amendment 20 inserts a definition of
record under the Recording of Evidence Act 1962 to include a transcription
of the record.
Amendment 18 amends the definition of "family member" in the
Dictionary in Schedule 2 of the Bill by providing that if a spouse, adult
child, parent or adult sibling is not reasonably available, "family member"
means the next nearest adult relative of the deceased person.
Amendment 19 inserts a new definition into the Dictionary in Schedule 2
of the Bill. It defines "not reasonably available" (which is a term used in
the definition of "family member" in the Dictionary) to mean:
(a) a family member of that particular type does not exist; or
(b) the family member can not be reasonably contacted; or
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Coroners Bill 2002
(c) a family member is unable or unwilling to act as a family
member for this Act.
Amendment 20 inserts a new definition into the Dictionary in Schedule 2
of the Bill. It defines "record" made under the Recording of Evidence Act
1962 to include a transcription of the record.
© State of Queensland 2003