Reform of NSW coronial inquests could help reduce Aboriginal deaths in custody
In July 2023 the NSW Coroners Court handed down yet another finding and recommendations in relation to the death of an Aboriginal individual in custody. Tragically the 26-year-old man took his own life in Shortland Correctional Facility.
In her finding, Deputy State Coroner Magistrate C Forbes made seven recommendations to the Chief Executive of Corrective Services NSW. Those recommendations may not be acted on.
The issue is that the Coroners Court currently lacks appropriate directives and powers to properly make recommendations and ensure people are held accountable to act on the Court’s recommendations. The Court is constrained by the legislation and lacks powers, especially in relation to First Nation peoples.
NSW Government’s inadequate response into coronial inquest reform
This is one of many disappointing aspects of the NSW Government response in November 2022 to the April 2022 parliamentary select committee report on Coronial Jurisdiction in NSW.
Our Principal, Catherine Henry, gave evidence to the Inquiry in her role as the spokesperson for the Australian Lawyers Alliance (ALA) on health law matters in NSW. She helped draft the ALA’s submission to the Inquiry.
The report made 35 recommendations to deliver a long overdue overhaul of the NSW Coroners Court and its supporting legislation. But the Government supported only nine recommendations, gave in principle support to six and merely noted the other 20.
The Government’s lacklustre response was criticised by legal and Indigenous groups. It failed to support the following four recommendations that would enable Coroner inquests into Aboriginal deaths in custody more effective in playing a role in reducing such deaths.
Recommendation 12: That the NSW Government propose amendments to the Coroners Act 2009 (NSW) to require coroners to examine whether systemic issues played a role leading to any death.
Recommendation 13: That the NSW Government propose amendments to the Coroners Act 2009 (NSW) to improve the accountability of responses to recommendations.
Recommendation 16: That the NSW Government establish and fund a specialist preventive death review unit in the Coroners Court.
Recommendation 26: That the NSW Government appoint significantly more qualified First Nations people to the judiciary, including the appointment of First Nations persons as coroners and introduction of a First Nations Commissioner.
The National Justice Project suggested the NSW Government does not want coroners to expose systemic discrimination against First Nations people in policing, prisons and healthcare.
New NSW Coroners Act needed to save lives not just review deaths
The Coroners Act (2009) NSW is outdated and does not reflect or express the objective of preventing future loss of life. As the Aboriginal Legal Service noted when welcoming the Inquiry report – the NSW Coroner’s Court should be about saving lives – not just reviewing deaths.
Yet the Government did not support recommendations to amend the Act to enhance accountability of responses to Coroner recommendations and to require coroners to examine whether systemic issues played a role leading to any death.
The National Justice Project (NJP) dedicated its submission to the NSW parliamentary inquiry into regional, rural and remote healthcare in honour of the family of Naomi Williams, a Wiradjuri woman from Tumut NSW who tragically died in 2016. NJP points out that the NSW Government has not implemented all of the recommendations made by the Coroner in the coronial inquest into her death.
Implementing the parliamentary report recommendations into coronial jurisdiction in NSW would reduce the burden of over worked current staff, improve delays in hearings, and make coronial inquests more effective in preventing other deaths, especially Aboriginal deaths in custody.
Contact Catherine Henry Lawyers for help with a coronial inquest
Our expert health and medical lawyers have extensive experience in helping clients with advice and representation regarding coronial inquests. To find out how we can help, call 1800 874 949 or complete the contact form below.
