Northern Territory Second Reading Speeches
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CORONERS AMENDMENT BILL 2004
(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill now be read a second time. The purpose of this bill is to amend the Coroners Act to include a death in detention. In February 2003, an Indonesian fisherman died while being detained on an Indonesian fishing vessel in Darwin Harbour.
The deceased was classified as an Unlawful Non-Citizen and, as a consequence, was in Immigration detention aboard the boat. As the death was unexpected, it was reported to the NT Coroner and an inquest was held. The Coroners Act currently contains provisions relating to the investigation of deaths where a person is in custody. These provisions originally arose out of the Royal Commission into Aboriginal Deaths in Custody. The consequence of these provisions is that an inquest or court hearing must be held, that directions can be given to police about such an investigation, and that the coroner shall investigate an report on the care, supervision and treatment of the person while being held in custody as well as the usual powers and requirements to investigate and make findings regarding a Coronial death. A coroner also makes recommendations with respect to the prevention of future deaths in similar circumstances.
The definition of ‘a person held in custody’ is contained in section 12 of the Coroners Act. It includes a person in the custody or control of police, including NT Police, other state and territory police and the Australian Federal Police; a prison officer or a sheriff. It also includes a person detained in a prison or police prison or in an approved juvenile detention centre.
The act does not, however, include persons detained under Commonwealth legislation, including immigration and fisheries administrative detention. The Coroner, in respect of the Indonesian fisherman’s death, recommended that the Coroners Act be amended to provide for the definition of a ‘death in custody’ to include ‘a death in immigration detention or any other form of detention in the Northern Territory brought about by the operation of Commonwealth laws’.
He noted that had the death been a death in custody, there would have been greater powers of investigation, recommendation and comment available to him. Furthermore, there would have been a mandated greater investigatory effort by police than was the case. The Coroner further noted that the Royal Commission into Aboriginal Deaths in Custody had effectively recommended many years ago, and such recommendations were accepted by parliament, that deaths of a person held against their will by executive government agencies deserve special attention.
This bill makes the amendment sought by the Coroner by including as part of the definition of ‘person held in custody’:
the detention of a person anywhere in the Territory under any law in force in the Territory, including a law of the Commonwealth, or a person who is in the process of escaping detention.
Madam Speaker, I commend the bill to honourable members.
Debate adjourned.
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