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Review of Coronial Practice in Western Australia: Final Report

Review of Coronial Practice in Western Australia: Final Report

Review of Coronial Practice in Western Australia: Final

Review of Coronial Practice in Western Australia FINAL REPORT Project No 100 January 2012 Law Reform Commission of Western Australia

  • Page 2 and 3: The Law Reform Commission of Wester
  • Page 4 and 5: iv Law Reform Commission of Western
  • Page 6 and 7: Significantly, the Commission found
  • Page 8 and 9: Chapter Six: Coroner’s Prevention
  • Page 10 and 11: Contents Introduction 3 Terms of re
  • Page 12 and 13: Responses from members of the publi
  • Page 14 and 15: Coronial process in brief Both the
  • Page 16 and 17: that were mandated under the Corone
  • Page 18 and 19: any person coming into contact with
  • Page 20 and 21: Contents Structure of the Coroners
  • Page 22 and 23: and regional police in the relevant
  • Page 24 and 25: Commissioner for Children and Young
  • Page 26 and 27: Status of the Coroners Court From t
  • Page 28 and 29: Acting coroners The above recommend
  • Page 30 and 31: In addition to the functions identi
  • Page 32 and 33: training be provided for new corone
  • Page 34 and 35: Contents Coroner’s jurisdiction 2
  • Page 36 and 37: eform process in Victoria the Coron
  • Page 38 and 39: (i) (j) that occurs in Western Aust
  • Page 40 and 41: (a) the failure either— (i) cause
  • Page 42 and 43: Submissions noted that the Departme
  • Page 44 and 45: specific deaths’. 36 Therefore, t
  • Page 46 and 47: (a) the death is not a death of a p
  • Page 48 and 49: Mortuary in lieu of certification a
  • Page 50 and 51: proposal received overwhelming supp
  • Page 52 and 53:

    Contents Coronial investigation 45

  • Page 54 and 55:

    territories. 6 The Commission propo

  • Page 56 and 57:

    the regulations’, there are no pr

  • Page 58 and 59:

    6. That, subject to s 47 of the Cor

  • Page 60 and 61:

    6. 7. That a person may, within the

  • Page 62 and 63:

    Specialist investigators As noted a

  • Page 64 and 65:

    purpose of an inquest. 12 Further,

  • Page 66 and 67:

    Deaths in custody or police presenc

  • Page 68 and 69:

    has made that amendment to Recommen

  • Page 70 and 71:

    CCC investigator could provide a se

  • Page 72 and 73:

    submitted that a specialist healthc

  • Page 74 and 75:

    which police routinely investigate

  • Page 76 and 77:

    (6) The State Coroner may use any o

  • Page 78 and 79:

    Contents Introduction 71 Coronial f

  • Page 80 and 81:

    Coronial findings and comments Coro

  • Page 82 and 83:

    Discussion Paper noted that mechani

  • Page 84 and 85:

    notes that if there is no evidence

  • Page 86 and 87:

    Attorney General supported the disc

  • Page 88 and 89:

    Mandated inquests An inquest is a p

  • Page 90 and 91:

    scrutinised in a public forum. 15 T

  • Page 92 and 93:

    RECOMMENDATION 61 Informing people

  • Page 94 and 95:

    RECOMMENDATION 64 State Coroner’s

  • Page 96 and 97:

    Appearance at an inquest Interested

  • Page 98 and 99:

    educing the costs of the court in s

  • Page 100 and 101:

    to include notification and publica

  • Page 102 and 103:

    that s 58 of the Coroners Act, whic

  • Page 104 and 105:

    The Commission confirms its proposa

  • Page 106 and 107:

    RECOMMENDATION 81 Restriction of pu

  • Page 108 and 109:

    Contents Coroner’s prevention rol

  • Page 110 and 111:

    undertaken by coronial counsellors

  • Page 112 and 113:

    Guidance to coroners considering wh

  • Page 114 and 115:

    (if any) that has, is or will be ta

  • Page 116 and 117:

    108 Law Reform Commission of Wester

  • Page 118 and 119:

    Contents Introduction 111 Catering

  • Page 120 and 121:

    Catering for a culturally and lingu

  • Page 122 and 123:

    volunteers also contribute to the s

  • Page 124 and 125:

    development of information packages

  • Page 126 and 127:

    ever, used by police when communica

  • Page 128 and 129:

    coronial process and accessible inf

  • Page 130 and 131:

    Commission therefore confirms its p

  • Page 132 and 133:

    Post mortem rights and issues An im

  • Page 134 and 135:

    sealed at the incident site (where

  • Page 136 and 137:

    eing treated with ‘the utmost res

  • Page 138 and 139:

    2. 3. 4. 5. 6. 7. the potential for

  • Page 140 and 141:

    submitted that this right should be

  • Page 142 and 143:

    RECOMMENDATION 107 Preparation of b

  • Page 144 and 145:

    RECOMMENDATION 110 Release of body

  • Page 146 and 147:

    138 Law Reform Commission of Wester

  • Page 148 and 149:

    Contents Appendix A: List of recomm

  • Page 150 and 151:

    RECOMMENDATION 5 ------------------

  • Page 152 and 153:

    RECOMMENDATION 12 -----------------

  • Page 154 and 155:

    RECOMMENDATION 20------------------

  • Page 156 and 157:

    RECOMMENDATION 29------------------

  • Page 158 and 159:

    4. 5. 6. 7. That the penalty for fa

  • Page 160 and 161:

    RECOMMENDATION 42------------------

  • Page 162 and 163:

    RECOMMENDATION 50 -----------------

  • Page 164 and 165:

    RECOMMENDATION 58------------------

  • Page 166 and 167:

    RECOMMENDATION 67------------------

  • Page 168 and 169:

    RECOMMENDATION 75------------------

  • Page 170 and 171:

    RECOMMENDATION 84------------------

  • Page 172 and 173:

    RECOMMENDATION 90------------------

  • Page 174 and 175:

    RECOMMENDATION 98------------------

  • Page 176 and 177:

    5. 6. 7. any concerns raised by a f

  • Page 178 and 179:

    (c) (d) if there appear to be two o

  • Page 180 and 181:

    Peter Dodd, Solicitor Health Policy

  • Page 182 and 183:

    Helen Maddocks, Principal Policy Of

  • Page 184:

    Sarah Gebert, Solicitor, Department

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