Introduction of new Coroners Act 1996

7/4/97

Western Australians will be guaranteed greater involvement in the coronial system with the introduction today of the new Coroners Act 1996.

Attorney General Peter Foss said the new Act replaced existing 76-year-old provisions and would form the basis of a co-ordinated statewide coronial system.

Today also marked the official swearing in of Western Australia's new Coroner, Mr Alastair Hope.

"This Act recognises the stress and trauma suffered by the families of more than 1,700 people who die unexpectedly in WA each year," Mr Foss said.

"Many of these families played a leading role in the development of the new Act.

"It is their contribution that will help ensure that many more families benefit in the future from a coronial system that gives priority to the needs and feelings of families at such a difficult time."

Mr Foss said the Act ensured that a next of kin was involved in the decision-making process and that the Coronial Counselling Service played a leading role in assisting.

The service was provided, free of charge, by experienced social workers who offered support to families and friends, and who could answer questions on the coronial investigation process.

A specially designed brochure, 'When a Person Dies Suddenly', was also available.

"In the sensitive area of tissue removal during an autopsy, the Act provides that tissue may only be removed if it is essential to the investigation of the death, or with the prior consent of the deceased or the next of kin," the Minister said.

"The investigation process is fully explained to families and the Act provides for any person to object to an autopsy and for senior next of kin to request that one be performed.

"If a coroner rejects a request, a right also exists to apply to the Supreme Court."

Mr Foss said the new Act also incorporated recommendations from the Royal Commission into Aboriginal Deaths in Custody, as they related to the coronial process.

The coroner will hold an automatic inquest into any death in custody or care.

In the lead-up to the proclamation of the Act, draft guidelines and other information was issued State-wide to coroners and staff, Police Service, Ministry of Justice, Mental Health, Forensic Pathology and Funeral Director staff.

Mr Foss said an initial, independent review of the Act would occur after 12 months with a complete report to State Parliament after five years.

Media contact: Chris Morris 321 2222