❓ Hon Nick Goiran asks about the Attorney General's actions following a resolution regarding coronial inquests for Aishwarya Aswath and Cohen Fink. The Attorney General confirms the statutory review of the Coroner's Act 1996 has been completed and recommends repealing section 22(1)(d).
AnsweredQoN 1180Legislative Council
Asked
15 December 2021
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
AISHWARYA ASWATH AND COHEN FINK — CORONIAL INQUESTS
1180. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the unanimous resolution
of the house on the ''Aishwarya Aswath and Cohen Fink—Coronial
Inquests'' motion on 2 June 2021.
(1) Did the
Attorney General request, as promised, the Department of Justice to advise as
part of its statutory review into the Coroner's Act 1996 whether
section 22(1) ought to be amended to avoid confusion about its operation?
(2) Further to (1), has the
statutory review been completed?
(3) If yes to (2), what has been
recommended with regard to section 22(1)?
1180. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the unanimous resolution
of the house on the ''Aishwarya Aswath and Cohen Fink—Coronial
Inquests'' motion on 2 June 2021.
(1) Did the
Attorney General request, as promised, the Department of Justice to advise as
part of its statutory review into the Coroner's Act 1996 whether
section 22(1) ought to be amended to avoid confusion about its operation?
(2) Further to (1), has the
statutory review been completed?
(3) If yes to (2), what has been
recommended with regard to section 22(1)?
AnswerView source ↗
I
thank the member for some notice of the question. I provide the following
answer on behalf of the Attorney General.
(1) Yes.
(2) Yes. I confirm
that the report of the statutory review was tabled today. I note also for the
benefit of the house that on 7 December 2021, an incorrect and superseded
version of the report was tabled. This was tabled as a result of an
administrative error and should be disregarded and not relied upon for any
purpose.
(3) The report relevantly states —
Finding 9
The
Review finds that the power under section 22(1)(d) has never been relied upon
to direct an inquest and its repeal would avoid uncertainty and confusion for
persons who are seeking an inquest.
Recommendation 5
The Attorney General's power
to direct a coroner to hold an inquest under section 22(1)(d) be repealed. The
repeal of the power should be progressed as part of the existing suite of
proposed amendments to the Act being progressed through the Legislative
Project.
I
note that the paper copy of this answer says Tuesday, 14 December, but the
correct reference is Wednesday, 15 December.
thank the member for some notice of the question. I provide the following
answer on behalf of the Attorney General.
(1) Yes.
(2) Yes. I confirm
that the report of the statutory review was tabled today. I note also for the
benefit of the house that on 7 December 2021, an incorrect and superseded
version of the report was tabled. This was tabled as a result of an
administrative error and should be disregarded and not relied upon for any
purpose.
(3) The report relevantly states —
Finding 9
The
Review finds that the power under section 22(1)(d) has never been relied upon
to direct an inquest and its repeal would avoid uncertainty and confusion for
persons who are seeking an inquest.
Recommendation 5
The Attorney General's power
to direct a coroner to hold an inquest under section 22(1)(d) be repealed. The
repeal of the power should be progressed as part of the existing suite of
proposed amendments to the Act being progressed through the Legislative
Project.
I
note that the paper copy of this answer says Tuesday, 14 December, but the
correct reference is Wednesday, 15 December.
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