CORONERS ACT 2003 - SECT 25
CORONERS ACT 2003 - SECT 25
(1) The Coroner's
Court must, as soon as practicable after the completion of an inquest, give
its findings in writing setting out as far as has been ascertained the cause
and circumstances of the event that was the subject of the inquest.
(2) The Court may add
to its findings any recommendation that, in the opinion of the Court—
(a)
might prevent, or reduce the likelihood of, a recurrence of an event similar
to the event that was the subject of the inquest; or
(b)
relates to a matter arising from the inquest, including (but not limited to)
matters concerning—
(i)
the quality of care, treatment and supervision of the
dead person prior to death; and
(ii)
public health or safety; and
(iii)
the administration of justice,
and is, in the circumstances, an appropriate matter on which to make a
recommendation.
(3) However, the Court
must not make any finding, or suggestion, of criminal or civil liability.
(4) The Court must, as
soon as practicable after the completion of the inquest, forward a copy of its
findings and any recommendations—
(a) to
the Attorney-General and any relevant Minister other than the
Attorney-General; and
(b) in
the case of an inquest into a death in custody—
(ii)
to each person who appeared personally or by counsel at
the inquest; and
(iii)
to any other person who, in the opinion of the Court, has
a sufficient interest in the matter.
(5) Each relevant
Minister must, within 8 sitting days of the expiration of 6 months
after receipt of a copy of a recommendation resulting from an inquest—
(a)
cause a report to be laid before each House of Parliament—
(i)
giving details of any action taken or proposed to be
taken in consequence of the recommendation; or
(ii)
if no action has been taken or is proposed to be
taken—giving reasons for not taking action or proposing to take action;
and
(b)
forward a copy of the report to the State Coroner.
(6) The State Coroner
may, at any time after the provision of a report under subsection (5),
request a supplementary report to be prepared by the Minister that addresses
any matter that the State Coroner considers necessary arising out of the
report.
(7) If the
State Coroner makes a request under subsection (6), the Minister to whom
the request was made must, within 8 sitting days of the expiration of
6 months after receiving the request—
(a)
cause a supplementary report to be laid before each House of Parliament
addressing the matters requested to be addressed by the State Coroner; and
(b)
forward a copy of the supplementary report to the State Coroner.
(8) In this
section—
"relevant Minister", in relation to findings and recommendations of the Court,
means—
(a) if a
recommendation is directed to a Minister, or to an agency or other
instrumentality of the Crown, as a result of the inquest—the Minister to
whom, or the Minister responsible for the agency or other instrumentality of
the Crown to which, the recommendation is directed; or
(b) in
any other case—the Attorney-General.