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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coroners Amendment (Domestic
Violence Death Review Team) Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Coroners Act 2009 to establish the Domestic Violence Death
Review Team (the Team) and to provide for its membership and functions,
(b) to exempt the Team from the operation of legislation relating to public access
to government information,
(c) to amend the Commission for Children and Young People Act 1998 to enable
the Child Death Review Team to exercise functions relating to a child death
that may also be the subject of review by the Domestic Violence Death Review
Team.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
b2010-001-07.d24
Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Explanatory note
Schedule 1 Amendment of Coroners Act 2009 No 41
Schedule 1 [1] inserts a definition of Domestic Violence Death Review Team for the
purposes of the Coroners Act 2009.
Schedule 1 [2] inserts the State Coroner's and Deputy Coroners' functions relating
to the Team in the list of their functions. The functions include supporting and
assisting the Team in the exercise of its functions.
Schedule 1 [3] inserts proposed Chapter 9A (proposed sections 101A-101P) into the
Coroners Act 2009.
Proposed Part 9A.1 of Chapter 9A (proposed sections 101A-101C) sets out the
object of the proposed Chapter and defines words and expressions used in the
proposed Chapter.
Proposed Part 9A.2 of Chapter 9A (proposed sections 101D and 101E) constitutes
the Team, which is to consist of the Convenor of the Team and other members
appointed by the Attorney General. The Convenor appointed by the Attorney
General is to be the State Coroner, a Deputy State Coroner or a former State Coroner
or Deputy State Coroner. The other members are to consist of representatives of
specified State government agencies, including the Departments of Human Services
(and agencies within that Department), Premier and Cabinet, Health, Education and
Training and Justice and Attorney General and the NSW Police Force. There are also
to be other non-government service provider and expert representatives. The total
membership of the Team (in addition to the Convenor) is to be not less than
15 members and not more than 19 members.
Division 1 of proposed Part 9A.3 of Chapter 9A (proposed sections 101F-101I)
confers on the Team the functions of reviewing closed cases of domestic violence
deaths, analysing data relating to such cases, making recommendations as to
legislation, policies, practices and services for preventing or reducing domestic
violence deaths, maintaining a database of such deaths and undertaking research. The
Team can review a case of a domestic violence death even if it is the subject of action
by the Child Death Review Team. The proposed Division requires the Team, when
reviewing cases, to consider the effectiveness of support and other services for
victims and perpetrators of domestic violence and to look at the availability and
failures of such services and related systems. The Team is to select the domestic
violence deaths that are to be the subject of a review.
Division 2 of proposed Part 9A.3 of Chapter 9A (proposed sections 101J and 101K)
requires the Team to report to Parliament each year on domestic violence deaths
reviewed in the previous year.
Proposed Part 9A.4 of Chapter 9A (proposed sections 101L and 101M) places a duty
on specified persons, including heads of government Departments and agencies, the
Commissioner of Police, coroners and medical professionals, to provide the Team
with access to records that are required by the Team for the purpose of exercising its
functions. Members of the Team and persons assisting the Team are prohibited from
Explanatory note page 2
Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Explanatory note
making a record of, or directly or indirectly disclosing, information acquired in Team
related functions, except for specified purposes. Such persons are also protected from
having to produce documents or reveal information to a court if the documents or
information are acquired because of the person's Team related functions.
Proposed Part 9A.5 of Chapter 9A (proposed sections 101N-101P) provides for
Team documents to be signed by the Convenor or a person authorised by the
Convenor and protects Team members or persons acting under their direction from
liability for matters done or omitted in good faith for the purposes of executing the
Coroners Act 2009 or any other Act. Liability for such actions will attach to the
Crown. The proposed Part also provides for the proposed Chapter to be reviewed
3 years after it commences and for a report on the outcome of the review to be tabled
in Parliament within a further 12 months.
Schedule 1 [4] enables regulations to be made for or with respect to the constitution,
functions, procedure and other matters relating to the Team.
Schedule 1 [5] enables regulations to be made containing savings or transitional
provisions consequent on the enactment of the proposed Act.
Schedule 1 [6] inserts provisions relating to the members and procedure of the Team.
Schedule 2 Amendment of other Acts
Commission for Children and Young People Act 1998 No 146
Schedule 2.1 [1] amends the Commission for Children and Young People Act 1998
to provide that the Child Death Review Team may exercise its functions with respect
to the death of a child even though the death is the subject of a review by the
Domestic Violence Death Review Team.
Schedule 2.1 [2] amends the Commission for Children and Young People Act 1998
to permit a person engaged in exercising functions in relation to the Child Death
Review Team to provide information to the Domestic Violence Death Review Team.
Government Information (Public Access) Act 2009 No 52
Schedule 2.2 amends the Government Information (Public Access) Act 2009 to
prohibit applications being made for access to information of the Team in respect of
all of its functions.
Explanatory note page 3
First print
New South Wales
Coroners Amendment (Domestic
Violence Death Review Team) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Coroners Act 2009 No 41 3
Schedule 2 Amendment of other Acts 17
b2010-001-07.d24
New South Wales
Coroners Amendment (Domestic
Violence Death Review Team) Bill 2010
No , 2010
A Bill for
An Act to amend the Coroners Act 2009 with respect to the establishment and
functions of the Domestic Violence Death Review Team; and for other purposes.
Clause 1 Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Coroners Amendment (Domestic Violence Death Review 3
Team) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
Schedule 1 Amendment of Coroners Act 2009 No 41 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
Domestic Violence Death Review Team means the Domestic 4
Violence Death Review Team constituted under Chapter 9A. 5
[2] Section 10 Functions of State Coroner and Deputy State Coroners 6
Insert after section 10 (3): 7
(4) The State Coroner and each Deputy State Coroner is to support 8
and assist the Domestic Violence Death Review Team in the 9
exercise of its functions under Chapter 9A. 10
Note. The State Coroner or a Deputy State Coroner may be appointed 11
as Convenor of the Team under section 101E. 12
[3] Chapter 9A 13
Insert after Chapter 9: 14
Chapter 9A Domestic Violence Death Review 15
Team 16
Part 9A.1 Preliminary 17
101A Object of Chapter 18
The object of this Chapter is, through the constitution of the 19
Domestic Violence Death Review Team, to provide for the 20
investigation of the causes of domestic violence deaths in New 21
South Wales, so as to: 22
(a) reduce the incidence of domestic violence deaths, and 23
(b) facilitate improvements in systems and services. 24
101B Interpretation 25
(1) In this Chapter: 26
Child Death Review Team means the Child Death Review Team 27
established under Part 7A of the Commission for Children and 28
Young People Act 1998. 29
Convenor means the person appointed as Convenor of the Team 30
under this Chapter. 31
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
domestic violence death means the death of a person that is 1
caused directly or indirectly by a person who was in a domestic 2
relationship with the deceased person. 3
Team means the Domestic Violence Death Review Team. 4
(2) For the purposes of this Chapter, a case of a domestic violence 5
death is closed if: 6
(a) the coroner has dispensed with or completed an inquest 7
concerning the death, and 8
(b) any criminal proceedings (including any appeals) 9
concerning the death have been finally determined (as 10
defined in section 79 (4)). 11
101C Meaning of "domestic relationship" 12
(1) For the purposes of this Chapter, a person was in a domestic 13
relationship with a deceased person if the person: 14
(a) was or had been married to the deceased person, or 15
(b) was or had been a de facto partner of the deceased person, 16
or 17
(c) had or has had an intimate personal relationship with the 18
deceased person, whether or not the intimate relationship 19
involved or had involved a relationship of a sexual nature, 20
or 21
(d) was or had been a relative of the deceased person and there 22
have been previous episodes of domestic violence between 23
them, or 24
(e) in the case of an Aboriginal person or a Torres Strait 25
Islander, was or had been part of the extended family or kin 26
of the deceased person according to the Indigenous kinship 27
system of the person's culture, or 28
(f) was in any other relationship with the deceased person of 29
a kind prescribed by the regulations. 30
(2) For the purposes of this Chapter, a person was a relative of a 31
deceased person if the person was or is: 32
(a) a father, mother, grandfather, grandmother, step-father, 33
step-mother, father-in-law or mother-in-law, or 34
(b) a son, daughter, grandson, grand-daughter, step-son, 35
step-daughter, son-in-law or daughter-in-law, or 36
(c) a brother, sister, half-brother, half-sister, step-brother, 37
step-sister, brother-in-law or sister-in-law, or 38
(d) an uncle, aunt, uncle-in-law or aunt-in-law, or 39
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
(e) a nephew or niece, or 1
(f) a cousin, 2
of the deceased person, or of the spouse or a de facto partner of 3
the deceased person. 4
Part 9A.2 Constitution and procedure of the Team 5
101D Establishment of Team 6
The Domestic Violence Death Review Team is constituted by 7
this Act. 8
101E Members of Team 9
(1) The Team is to consist of the Convenor of the Team and other 10
persons appointed by the Minister. 11
(2) The Minister is to appoint as Convenor of the Team the State 12
Coroner, a Deputy State Coroner or a former State Coroner or 13
Deputy State Coroner. 14
(3) The Team is to include representatives of each of the following: 15
(a) the Department of Human Services, 16
(b) the Department of Health, 17
(c) the Department of Premier and Cabinet, 18
(d) the NSW Police Force, 19
(e) the Department of Education and Training, 20
(f) the Department of Justice and Attorney General, 21
(g) Community Services, within the Department of Human 22
Services, 23
(h) Aboriginal Affairs NSW, within the Department of 24
Human Services, 25
(i) Housing NSW, within the Department of Human Services, 26
(j) Juvenile Justice, within the Department of Human 27
Services, 28
(k) Ageing, Disability and Home Care, within the Department 29
of Human Services. 30
(4) Each representative referred to in subsection (3) is to be 31
nominated by the Minister responsible for the organisation 32
concerned. 33
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
(5) In addition, the Team is to include the following persons: 1
(a) 2 non-government service provider representatives, 2
(b) 2 persons who, in the opinion of the Minister, have 3
expertise appropriate to the functions of the Team. 4
(6) The Minister is to appoint 1 person who is an Aboriginal person 5
or a Torres Strait Islander and who is a non-government service 6
provider representative as a member of the Team. 7
(7) The Team must consist of not less than 15 members (in addition 8
to the Convenor) and not more than 19 members (in addition to 9
the Convenor) at any one time. 10
(8) A person who is a member of the Legislative Council or the 11
Legislative Assembly is not eligible to be a member of the Team. 12
(9) Schedule 3 contains provisions with respect to the members and 13
procedure of the Team. 14
Part 9A.3 Functions of the Team 15
Division 1 General functions 16
101F Functions of Team 17
(1) The Team has the following functions: 18
(a) to review closed cases of domestic violence deaths 19
occurring in New South Wales, 20
(b) to analyse data to identify patterns and trends relating to 21
such deaths, 22
(c) to make recommendations as to legislation, policies, 23
practices and services for implementation by government 24
and non-government agencies and the community to 25
prevent or reduce the likelihood of such deaths, 26
(d) to establish and maintain a database (in accordance with 27
the regulations) about such deaths, 28
(e) to undertake, alone or with others, research that aims to 29
help prevent or reduce the likelihood of such deaths. 30
(2) The Team may review a domestic violence death even though the 31
death is or may be the subject of action by the Child Death 32
Review Team. 33
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
(3) Any function of the Team with respect to domestic violence 1
deaths may be exercised with respect to the death of a person who 2
dies outside New South Wales while ordinarily resident in New 3
South Wales. 4
(4) The Convenor may enter into an agreement or other arrangement 5
for the exchange of information between the Team and a person 6
or body having functions in another State or Territory that are 7
substantially similar to the functions of the Team, being 8
information relevant to the exercise of the functions of the Team 9
or that person or body. 10
101G Matters to be considered in reviews 11
(1) In carrying out a review of closed cases of domestic violence 12
deaths, the Team is to consider the following matters: 13
(a) the events leading up to the death of the deceased persons, 14
(b) any interaction with, and the effectiveness of, any support 15
or other services provided for, or available to, victims and 16
perpetrators of domestic violence, 17
(c) the general availability of any such services, 18
(d) any failures in systems or services that may have 19
contributed to, or failed to prevent, the domestic violence 20
deaths. 21
(2) This section does not limit the matters that the Team may 22
consider or examine in any review of closed cases of domestic 23
violence deaths. 24
101H Referral of cases for review to Team 25
(1) The Team may select the domestic violence death cases that are 26
to be the subject of a review by the Team. 27
(2) Any person may refer a closed case of a domestic violence death 28
to the Team for inclusion in a review. The Team may, but is not 29
required to, select any such case for review. 30
101I Appointment of expert advisers 31
(1) The Convenor may, otherwise than under a contract of 32
employment, appoint persons with relevant qualifications and 33
experience to advise the Team in the exercise of its functions. 34
(2) A person so appointed is entitled to be paid such remuneration 35
and allowances (including travelling and subsistence allowances) 36
as may be determined by the Minister in respect of the person. 37
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
Division 2 Reports by Team 1
101J Reports 2
(1) The Team must prepare, within the period of 4 months after 3
30 June in each year, and furnish to the Presiding Officer of each 4
House of Parliament, a report on domestic violence deaths 5
reviewed in the previous year. 6
(2) Without limiting subsection (1), the report may include the 7
following: 8
(a) identification of systemic and procedural failures that may 9
contribute to domestic violence deaths, 10
(b) recommendations as to legislation, policies, practices and 11
services for implementation by government and 12
non-government agencies and the community to prevent or 13
reduce the likelihood of such deaths, 14
(c) details of the extent to which its previous 15
recommendations have been accepted. 16
101K Reporting to Parliament 17
(1) A copy of a report furnished to the Presiding Officer of a House 18
of Parliament under this Part must be laid before that House on 19
the next sitting day of that House after it is received by the 20
Presiding Officer. 21
(2) The Team may include in a report a recommendation that the 22
report be made public forthwith. 23
(3) If a report includes a recommendation that a report be made 24
public forthwith, a Presiding Officer of a House of Parliament 25
may make it public whether or not that House is in session and 26
whether or not the report has been laid before that House. 27
(4) A report that is made public by a Presiding Officer of a House of 28
Parliament before it is laid before that House attracts the same 29
privileges and immunities as if it had been laid before that House. 30
(5) A Presiding Officer need not inquire whether all or any of the 31
conditions precedent have been satisfied as regards a report 32
purporting to have been furnished in accordance with this Part. 33
(6) In this Part, a reference to a Presiding Officer of a House of 34
Parliament is a reference to the President of the Legislative 35
Council or the Speaker of the Legislative Assembly. If there is a 36
vacancy in the office of President, the reference to the President 37
is taken to be a reference to the Clerk of the Legislative Council 38
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
and, if there is a vacancy in the office of the Speaker, the 1
reference to the Speaker is taken to be a reference to the Clerk of 2
the Legislative Assembly. 3
Part 9A.4 Access to and confidentiality of 4
information 5
101L Duty of persons to assist Team 6
(1) It is the duty of each of the following persons to provide the Team 7
with full and unrestricted access to records that are under the 8
person's control, or whose production the person may, in an 9
official capacity, reasonably require, being records to which the 10
Team reasonably requires access for the purpose of exercising its 11
functions: 12
(a) the Department Head, chief executive officer or senior 13
member of any department of the Government, statutory 14
body or local authority, 15
(b) the Commissioner of Police, 16
(c) a coroner, 17
(d) a medical practitioner or health care professional who, or 18
the head of a body which, delivers health services, 19
(e) a person who, or the head of a body which, delivers 20
welfare services. 21
(2) A person subject to that duty is not required to provide access to 22
records if the person reasonably considers that doing so may 23
prejudice an existing investigation or inquiry of a matter under an 24
Act being undertaken by or for the person. 25
(3) Access to which the Team is entitled under subsection (1) 26
includes the right to inspect and, on request, to be provided with 27
copies of, any record referred to in that subsection and to inspect 28
any non-documentary evidence associated with any such record. 29
(4) A provision of any Act or law that restricts or denies access to 30
records does not prevent a person subject to a duty under 31
subsection (1) from complying, or affect the person's ability to 32
comply, with that subsection. 33
(5) The regulations may make provision with respect to the duty to 34
provide access to records under subsection (1), including 35
prescribing limitations and conditions on that duty. 36
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
(6) In this section, record means any document or other source of 1
information compiled, recorded or stored in written form or on 2
film, or by electronic process, or in any other manner or by other 3
means. 4
101M Confidentiality of information 5
(1) A Team-related person must not make a record of, or directly or 6
indirectly disclose to any person, any information (including the 7
contents of any document) that was acquired by the person by 8
reason of being a Team-related person, unless: 9
(a) the record or disclosure is made in good faith for the 10
purpose of exercising a function under this Chapter, or 11
(b) the record or disclosure is authorised to be made by the 12
Convenor in connection with research that is undertaken 13
for the purpose of helping to prevent or reduce the 14
likelihood of domestic violence deaths in New South 15
Wales, or 16
(c) the record or disclosure is made by the Convenor for the 17
purpose of: 18
(i) providing information to the Commissioner of 19
Police in connection with a possible criminal 20
offence, or 21
(ii) reporting to the Director-General of the Department 22
of Human Services that a child or class of children 23
may be at risk of harm, or 24
(iii) providing information to the State Coroner that may 25
relate to a death that is within the jurisdiction of the 26
State Coroner, whether or not the death has been the 27
subject of an inquest under this Act, or 28
(iv) providing information to the Child Death Review 29
Team in connection with that Team's functions, or 30
(v) providing information to the Ombudsman 31
concerning the death of a person that is relevant to 32
the exercise of any of the Ombudsman's functions, 33
or 34
(vi) giving effect to any agreement or other arrangement 35
entered into under this Chapter or with coroners in 36
other jurisdictions for the exchange of information, 37
or 38
(vii) providing information to a national database 39
compiled for the purposes of, and contributed to by, 40
coroners of States and Territories, or 41
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
(d) the record or disclosure is made by a member of the Team 1
to a Minister, or to a Department Head, chief executive 2
officer or senior member of any department of the 3
Government or a statutory body, in connection with a draft 4
report prepared for the purpose of this Chapter. 5
Maximum penalty: 50 penalty units or imprisonment for 6
12 months, or both. 7
(2) A Team-related person who makes a record or disclosure that is 8
authorised under this section in connection with research that is 9
undertaken for the purpose of helping to prevent or reduce the 10
likelihood of domestic violence deaths in New South Wales must 11
ensure that the information does not identify a person who is the 12
subject of the information. 13
(3) A Team-related person is not required: 14
(a) to produce to any court any document or other thing that 15
has come into the person's possession, custody or control, 16
or 17
(b) to reveal to any court any information that has come to the 18
person's notice, 19
by reason of being a Team-related person. 20
(4) Any authority or person to whom any information referred to in 21
subsection (1) is revealed, and any person or employee under the 22
control of that authority or person: 23
(a) is subject to the same obligations and liabilities under 24
subsections (1) and (2), and 25
(b) enjoys the same rights and privileges under subsection (3), 26
in respect of that information as if he or she were a Team-related 27
person who had acquired the information for the purpose of the 28
exercise of the functions of the Team. Failure to comply with 29
obligations and liabilities referred to in this subsection is taken to 30
be a contravention of subsection (1). 31
(5) In this section: 32
court includes any tribunal or person having power to require the 33
production of documents or the answering of questions. 34
produce includes permit access to. 35
Team-related person means a member of the Team, a member of 36
staff of the Team and any person engaged to assist the Team in 37
the exercise of its functions, including persons appointed under 38
section 101I. 39
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
Part 9A.5 Miscellaneous 1
101N Execution of documents 2
A document required to be executed by the Team in the exercise 3
of its functions is sufficiently executed if it is signed by the 4
Convenor or another member authorised by the Convenor. 5
101O Protection from liability 6
(1) A matter or thing done or omitted by the Team, a member of the 7
Team or a person acting under the direction of the Team does not, 8
if the matter or thing was done or omitted in good faith for the 9
purposes of executing this or any other Act, subject the member 10
of the Team or person so acting personally to any action, claim or 11
demand in respect of that matter or thing. 12
(2) However, any such liability attaches instead to the Crown. 13
101P Review of Chapter 14
(1) The Minister is to review this Chapter to determine whether the 15
policy objectives of this Chapter remain valid and whether the 16
terms of this Chapter remain appropriate for securing those 17
objectives. 18
(2) The review is to be undertaken as soon as possible after the period 19
of 3 years from the commencement of this Chapter. 20
(3) A report on the outcome of the review is to be tabled in each 21
House of Parliament within 12 months after the end of the period 22
of 3 years. 23
[4] Section 104 Regulations 24
Insert after section 104 (2) (d): 25
(e) the constitution, functions, procedure and other matters 26
relating to the Domestic Violence Death Review Team. 27
[5] Schedule 2 Savings, transitional and other provisions 28
Insert at the end of clause 1 (1): 29
Coroners Amendment (Domestic Violence Death Review Team) 30
Act 2010 31
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
[6] Schedule 3 1
Insert after Schedule 2: 2
Schedule 3 Members and procedure of 3
Domestic Violence Death Review 4
Team 5
(Section 101E (9)) 6
1 Definitions 7
In this Schedule: 8
Convenor means the Convenor of the Team. 9
member means any member of the Team. 10
Team means the Domestic Violence Death Review Team. 11
2 Terms of office of members 12
Subject to this Schedule, a member (other than the State Coroner 13
or a Deputy State Coroner) holds office for such period (not 14
exceeding 2 years) as is specified in the member's instrument of 15
appointment, but is eligible (if otherwise qualified) for 16
re-appointment. 17
3 Remuneration 18
A member, other than the State Coroner, a Deputy State Coroner 19
or a representative of a department of the Government, the NSW 20
Police Force or a statutory body, is entitled to be paid such 21
remuneration (including travelling and subsistence allowances) 22
as the Minister may from time to time determine in respect of the 23
member. 24
4 Deputies 25
(1) The Minister may, from time to time, appoint a person to be the 26
deputy of a member (including the Convenor), and the Minister 27
may revoke any such appointment. 28
(2) A person is not eligible to be appointed as the deputy of a member 29
unless the person has the same qualification that was required for 30
appointment as that member. 31
(3) In the absence of a member, the member's deputy may, if 32
available, act in the place of the member. 33
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
(4) While acting in the place of a member, a person: 1
(a) has all the functions of the member and is taken to be a 2
member, and 3
(b) is entitled to be paid such remuneration (including 4
travelling and subsistence allowances) as the Minister may 5
from time to time determine in respect of the person. 6
(5) For the purposes of this clause, a vacancy in the office of a 7
member is taken to be an absence of the member. 8
5 Vacancy in office of member 9
(1) The office of a member (other than the State Coroner or a Deputy 10
State Coroner) becomes vacant if the member: 11
(a) dies, or 12
(b) completes a term of office and is not re-appointed, or 13
(c) resigns the office by instrument in writing addressed to the 14
Minister, or 15
(d) is absent from 4 consecutive meetings of the Team of 16
which reasonable notice has been given to the member 17
personally or by post, except on leave granted by the 18
Minister or unless the member is excused by the Minister 19
for having been absent from those meetings, or 20
(e) becomes bankrupt, applies to take the benefit of any law 21
for the relief of bankrupt or insolvent debtors, compounds 22
with his or her creditors or makes an assignment of his or 23
her remuneration for their benefit, or 24
(f) becomes a mentally incapacitated person, or 25
(g) is convicted in New South Wales of an offence that is 26
punishable by imprisonment for 12 months or more or is 27
convicted elsewhere than in New South Wales of an 28
offence that, if committed in New South Wales, would be 29
an offence so punishable, or 30
(h) is the subject of a communication in writing to the Minister 31
by the Minister that nominated the member, stating that he 32
or she no longer represents that organisation. 33
(2) The Minister may at any time remove a member (other than the 34
Convenor) from office. 35
(3) The Minister may at any time remove the Convenor from office. 36
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Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of Coroners Act 2009 No 41 Schedule 1
6 Filling of vacancy in office of member 1
If the office of any member becomes vacant, a person is, subject 2
to this Act, to be appointed to fill the vacancy. 3
7 Effect of certain other Acts 4
(1) Chapter 1A of the Public Sector Employment and Management 5
Act 2002 does not apply to or in respect of the appointment of a 6
member. 7
(2) If by or under any Act provision is made: 8
(a) requiring a person who is the holder of a specified office to 9
devote the whole of his or her time to the duties of that 10
office, or 11
(b) prohibiting the person from engaging in employment 12
outside the duties of that office, 13
the provision does not operate to disqualify the person from 14
holding that office and also the office of a member or from 15
accepting and retaining any remuneration payable to the person 16
under this Act as a member. 17
8 General procedure 18
(1) The procedure for the calling of meetings of the Team and for the 19
conduct of business at those meetings is, subject to this Act and 20
the regulations, to be as determined by the Convenor. 21
(2) The Team is to meet not less than 4 times in each calendar year. 22
9 Quorum 23
The quorum for a meeting of the Team is a majority of the 24
members of the Team for the time being. 25
10 Presiding member 26
(1) The Convenor is to preside at a meeting of the Team. 27
(2) If both the Convenor and the deputy of the Convenor are absent 28
from any meeting, a member elected by the members present at 29
the meeting is to preside at that meeting. 30
(3) The presiding member has a deliberative vote and, in the event of 31
an equality of votes, has a second or casting vote. 32
Page 15
Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Schedule 1 Amendment of Coroners Act 2009 No 41
11 Voting 1
A decision supported by a majority of the votes cast at a meeting 2
of the Team at which a quorum is present is the decision of the 3
Team. 4
12 Transaction of business outside meetings or by telephone 5
(1) The Team may, if it thinks fit, transact any of its business by the 6
circulation of papers among all the members of the Team for the 7
time being, and a resolution in writing approved in writing by a 8
majority of those members is taken to be a decision of the Team. 9
(2) The Team may, if it thinks fit, transact any of its business at a 10
meeting at which members (or some members) participate by 11
telephone, closed-circuit television or other means, but only if 12
any member who speaks on a matter before the meeting can be 13
heard by the other members. 14
(3) For the purposes of: 15
(a) the approval of a resolution under subclause (1), or 16
(b) a meeting held in accordance with subclause (2), 17
the Convenor and each member have the same voting rights as 18
they have at an ordinary meeting of the Team. 19
(4) A resolution approved under subclause (1) is, subject to the 20
regulations, to be recorded in the minutes of the meetings of the 21
Team. 22
(5) Papers may be circulated among the members for the purposes of 23
subclause (1) by facsimile or other transmission of the 24
information in the papers concerned. 25
Page 16
Coroners Amendment (Domestic Violence Death Review Team) Bill 2010
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
2.1 Commission for Children and Young People Act 1998 No 146 2
[1] Section 45N Functions of Team 3
Insert after section 45N (2): 4
(2A) The Team may exercise functions with respect to the death of a 5
child even though the death is or may be the subject of a review 6
by the Domestic Violence Death Review Team established under 7
the Coroners Act 2009. 8
[2] Section 45U Confidentiality of information 9
Insert after section 45U (1) (c) (iii): 10
(iiia) providing information to the Domestic Violence 11
Death Review Team established under the Coroners 12
Act 2009 in connection with that Team's functions, 13
or 14
2.2 Government Information (Public Access) Act 2009 No 52 15
Schedule 2 Excluded information of particular agencies 16
Insert at the end of clause 2: 17
The Domestic Violence Death Review Team--all functions. 18
Page 17
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