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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-03-23 Daily Xml
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CORONERS (REPORTABLE DEATH) AMENDMENT BILL

Second Reading

The Hon. S.G. WADE (18:02): I move:

That this bill be now read a second time.

This bill has its origin in representations made by the Australian Funeral Directors Association, South Australian Division, to the member for Davenport, expressing its concern about they way our Coroners Act relates to interstate coronial inquiries. The member is a very good member and a good legislator with a 'can do' attitude: if the law needs fixing, let's fix it. Another example of this approach from the honourable member is his work to have the coronial jurisdiction in relation to stillbirths reviewed by the Legislative Review Committee.

The bill was introduced by the member for Davenport in the other place on 24 June 2010 and received the support of the government. When residents of South Australia die interstate the coroner of that jurisdiction prepares a report on the death, even if not a full inquest. The current practice is that the South Australian Coroner also prepares a report on the same death. Producing two reports adds a significant amount of time to the process, and families are left waiting as evidence and other material related to the report by the South Australian Coroner are collected from interstate.

The Australian Funeral Directors Association has advised the Hon. Iain Evans that every other Australian jurisdiction recognises the report of interstate coroners. South Australia is the only state that is currently producing double reports. The Australian Funeral Directors Association, South Australian Division, has also been in discussions with the government from about April 2008 regarding these interstate reportable deaths. The bill would allow the South Australian Coroner to recognise the findings of an interstate coroner in relation to reportable deaths, resolving the process more expeditiously.

This has obvious benefits for the families of the deceased, and it would also free up the resources of the Coroner to focus on other matters and help to alleviate significant delays that have increased under this government. The member for Davenport consulted with the Coroner during the development of the bill, and the government has reported that the Coroner is comfortable with the proposal and has suggested amendments which were supported by both the member for Davenport and the government.

The amendments requested by the Coroner improve the bill by allowing the Coroner to assume jurisdiction if they decide to do so over a reportable death that occurred outside South Australia. The death would not be reported to the South Australian Coroner if it was reported to another jurisdiction's Coroner; however, if the death occurred under circumstances that would make it reportable in South Australia, the Coroner can assume jurisdiction.

An example given by the Attorney-General is that a family may want a deceased family member to be repatriated to South Australia and, although they may not have been a resident of South Australia at the time, the amendment would allow the Coroner to exercise jurisdiction over the deceased person. As I have acknowledged the work of the member for Davenport, I also commend the government and the Attorney-General for constructively engaging with an opposition bill, and I look forward to seeing the progress of this bill through the remaining stages in the near future.

Debate adjourned on motion of Hon. I. K. Hunter.

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