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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2568 ..
The draft Coroners (Amendment) Bill 1995 has been prepared to amend the Coroners Act as a consequence of a review of the procedures, jurisdiction, and penalties in the Act and to provide for certain statutory prima facie entitlements to be given to members of the immediate family of a deceased whose death comes within the coronial jurisdiction.
Following community concern expressed about the clash between the requirements of the coronial jurisdiction and those holding particular cultural attitudes or spiritual beliefs, an issues paper which discussed matters relating to the Coroner's Court, including multicultural and family concerns about post-mortem procedures, the jurisdiction relating to the investigation of fires and disasters and the power of the Coroner to commit for trial from an inquest or inquiry, was released in June 1994.
In general, responses from the community to the issues paper indicated that there was support for requiring that consideration be given by a Coroner to cultural and religious attitudes to the treatment of the dead and for improved participation in the coronial process for the family of a deceased whose death is the subject of a coronial investigation.
To provide for access to the coronial process for the family of such a deceased, the Bill proposes that an interested person or a member of the immediate family of the deceased may apply to the Coroner holding an inquest for an order that the holding of a post-mortem examination should be dispensed with, for access to the evidence the Coroner intends to consider or that a certain witness be called to give evidence at the inquest or inquiry.
A Coroner would also be required to give consideration to the sensitivities of the family of a deceased when deciding whether to order a post-mortem examination or an exhumation and to have regard to whether the family of a deceased has been informed as to the holding of an inquest.
A member of the immediate family of the deceased would be able to apply to the Coroner holding an inquest for authorisation to view the body, to view the scene of death and to be present at the post-mortem examination, or to have a further post-mortem examination done.
While these proposals essentially reflect the current practices of the Coroners Court, making statutory provision for such matters will clarify the means of access for those concerned.
It is also proposed that, where an inquest has been dispensed with or concluded, or a fire is not to be inquired into, the decision to dispense with the inquest or inquiry may be reviewed by the Chief Coroner. A decision refusing such an application is proposed to be reviewable by the Supreme Court.
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