Justice and Related Legislation (Miscellaneous Amendments) Act 2024

PART 2 - Coroners Act 1995 Amended

[Commences: Never commenced]

4.   Principal Act

In this Part, the Coroners Act 1995 is referred to as the Principal Act.

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by inserting after the definition of detention centre the following definition:

family violence has the same meaning as in the Family Violence Act 2004;

6.    Section 24 amended (Jurisdiction of coroner to hold inquest into a death)

Section 24(1) of the Principal Act is amended as follows:

(a) by omitting " section 25 " and substituting " sections 24B and 25 ";

(b) by inserting the following paragraph after paragraph (ea) :

(eb) the coroner suspects that family violence has materially contributed to the death of the deceased; or

7.    Section 24B inserted

After section 24A of the Principal Act , the following section is inserted in Part 5:

24B.   Procedure where person charged with an offence before inquest

(1)  This section applies to a death, a fire or an explosion if –

(a) the coroner intends to hold an inquest in relation to the death, fire or explosion; and

(b) before that inquest commences, a person has been charged before justices with one or more of the following offences:

(i) the murder of the deceased;

(ii) the manslaughter of the deceased;

(iii) the infanticide of the deceased;

(iv) causing grievous bodily harm to the deceased;

(v) causing the death of the deceased by dangerous driving;

(vi) dangerous driving, where the driving caused an accident that resulted in the death of the deceased;

(vii) an offence under section 32(1) of the Traffic Act 1925 arising out of an accident that resulted in the death of the deceased;

(viii) arson in relation to the fire;

(ix) unlawfully causing the fire;

(x) unlawfully causing the explosion.

(2)  The coroner may decide not to start an inquest in respect of a death, or a fire or an explosion, to which this section applies if, after the conclusion of the criminal proceedings for the relevant offence under subsection (1)(b) , the coroner is of the opinion that there is no longer sufficient cause to hold the inquest.

(3)  An inquest that is held in respect of a death, or a fire or an explosion, to which this section applies, must not contain any finding which is inconsistent with the facts as determined during the criminal proceedings held in respect of the relevant offence under subsection (1)(b) .

8.    Section 25 amended (Procedure at inquest where person charged with an offence)

Section 25 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

(4)  If, in the course of the criminal proceedings for an offence referred to in subsection (2), a person has been charged in respect of the offence, the inquest, on its resumption, must not contain any finding which is inconsistent with the facts as determined during those proceedings.

9.    Section 26B inserted

After section 26A of the Principal Act , the following section is inserted in Part 5:

26B.   Inquests relating to family violence

(1)  Despite section 24B(2) and section 25(3) , a coroner may only decide not to hold, or resume, an inquest pursuant to section 24(1)(eb) into a death if –

(a) the family violence, that the coroner suspects materially contributed to the death –

(i) is the subject of criminal proceedings in any court; or

(ii) has been referred to in connection with criminal proceedings in any court; and

(b) as a result of the facts as determined during the criminal proceedings, the coroner –

(i) no longer suspects that family violence materially contributed to the death; or

(ii) is satisfied that the contribution that family violence made to the death has been addressed and it would not be in the public interest to hold the inquest.

(2)  For the avoidance of doubt, subsection (1) applies to holding, or resuming, an inquest pursuant to section 24(1)(eb) into a death even if another provision in section 24(1) also applies in respect of the death.

10.    Sections 72AA and 72AAB inserted

After section 72 of the Principal Act , the following sections are inserted in Part 8:

72AA.   Transitional provisions consequent on commencement of Justice and Related Legislation (Miscellaneous Amendments) Act 2024

(1)  Section 24, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024, applies to a death that occurred before the commencement of that Part.

(2)  Section 25, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024, applies to an inquest that has commenced before the commencement of that Part.

(3)  For the avoidance of doubt, section 24B does not apply in respect of an inquest that has commenced before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024.

(4)  Section 26B does not apply in respect of a death that occurred before the commencement of that section.

72AAB.   Review of certain amendments made by Justice and Related Legislation (Miscellaneous Amendments) Act 2024

(1)  The Minister is to cause a review of the operation of section 24(1)(eb) to be completed within 6 months of the second anniversary of the day on which section 6(b) of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 commenced.

(2)  A review under subsection (1) is to include, but is not limited to, a review of –

(a) the impact of section 24(1)(eb) on the workload of the Magistrates Court (Coronial Division); and

(b) the effect of that section, if any, on systemic reforms relating to family violence.

(3)  The Minister is to cause a copy of the review under subsection (1) to be tabled in each House of Parliament within 10 sitting-days of that House after the review is given to the Minister.

PART 4 - Legal Profession Act 2007 Amended

14.   Principal Act

In this Part, the Legal Profession Act 2007 is referred to as the Principal Act.

PART 5 - Police Offences Act 1935 Amended

16.   Principal Act

In this Part, the Police Offences Act 1935 is referred to as the Principal Act.

PART 6 - Variation of Trusts Act 1994 Amended

19.   Principal Act

In this Part, the Variation of Trusts Act 1994 is referred to as the Principal Act.