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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-03-10 Daily Xml
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CORONERS (REPORTABLE DEATH) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 24 June 2010.)

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development and Planning, Minister for Tourism, Minister for Food Marketing) (11:04): I am pleased to say that with an amendment, which I believe has been placed on the file, I am happy to agree to this. I would also like to thank the member for Davenport for the cooperative way he has approached bringing this matter before the parliament. He and I have been involved in consultation with, amongst other people, the Coroner, and I think it is fair to say that the Coroner was comfortable with all of this. I believe the amendment we have on file is one that was brought to our attention after speaking with the Coroner. I think it improves the Coroners Act. It deals with an obvious administrative shortcoming that was there and I think all members should be very comfortable in supporting the amendment bill.

The Hon. I.F. EVANS (Davenport) (11:05): I will not hold the house because other members want to speak on other bills. I thank the government for its support of this measure. There is an amendment, so we need to go into committee, and I will make some further comments then.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 and 2 passed.

Clause 3.

The Hon. I.F. EVANS: I move the amendment standing my name:

Page 3, lines 5 to 6 [clause 3(3), inserted subsection (2)]—Delete

who is, at the time of death, ordinarily a resident of the state

For the information of the house, as the Attorney said, and I thank him for the cooperative way in which he has dealt with this bill, we have met a number of times on this matter. We wrote to the Coroner, and the Coroner agrees with the bill but has requested these amendments. Essentially, these amendments deal with the issue as put by the Coroner in his letter to us, which states:

The position from our point of view and that would accommodate the wishes of the funeral directors would be that the death remains one over which SA coroner can assume jurisdiction if he or she decides to do so. However, there would be no need to report the death to the SA coroner. Thus there would be no need to do any South Australian coronial paperwork at the time of repatriation to South Australia. Without wanting to take over the role of the drafter, the amendment might say that the death is not reportable to the South Australian coroner if it was reported to an interstate coroner, but that the South Australian coroner may, if the death occurred in circumstances that would have made it reportable had the death occurred in South Australia the coroner can decide to assume jurisdiction and in that event, the Act will apply as if the death were a reportable death.

That is the purpose of the amendment. I thank the government for its support, and I recommend the amendment bill to the house.

Amendment carried; clause as amended passed.

New clause 4.

The Hon. I.F. EVANS: I move:

Page 3, after line 10—After clause 3 insert:

4—Amendment of section 21—Holding of inquests

Section 21(1)(b)(i)—after 'reportable death' insert:

or a death that would, but for section 3(2), have been a reportable death

New clause inserted.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. I.F. EVANS (Davenport) (11:09): I move:

That this bill be now read a third time.

Again, I thank the Attorney and the government for their support.

Bill read a third time and passed.

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