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Coroners Act 1997
3BOffences against Act—application of Criminal Code etc
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3B Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
3BA Objects of Act
(1) The main objects of this Act are to—
(a) establish the Coroner’s Court and position of Chief Coroner; and
Note Establish includes continue in existence (see Legislation Act, dict,
pt 1, def establish).
(b) provide—
(i) that a person who is a magistrate (other than a special
magistrate) is also a coroner; and
(ii) that the Chief Coroner may appoint a special magistrate as
a coroner; and
(iii) for the appointment of deputy coroners; and
(c) give the following functions to coroners:
(i) to hold inquests into particular kinds of deaths or suspected
deaths, and to make findings about the deaths, including
the identities of deceased people and causes of death;
(ii) to hold inquiries into, and make findings about, the cause
and origin of—
(A) fires that have destroyed or damaged property; and
(B) disasters; and
(d) allow a coroner, based on the coroner’s findings in an inquest or
inquiry, to make recommendations and comments about the
following:
(i) the prevention of deaths;
(ii) the promotion of general public health and safety including
occupational health and safety;
(iii) the administration of justice;
(iv) the need for a matter to be investigated or reviewed by an
entity.
(2) As far as practicable, the objects of this Act must be carried out in a
way that—
(a) for an inquest into a person’s death—recognises the following:
(i) the family and friends of the deceased person have an
interest in having all reasonable questions about the
circumstances of the person’s death answered;
(ii) the death of a person, and an inquest into the person’s
death, has a significant impact on the person’s family and
friends;
(iii) that where appropriate, members of the immediate family
of the deceased person should be given the earliest
opportunity to participate in, and be kept informed of the
particulars and progress of, the inquest into the person’s
death;
(iv) that different cultures have different beliefs and practices
about death that should, where possible, be respected; and
(b) maintains the inquisitorial, non-adversarial nature of the
Coroner’s Court, and its function to inquire into and publicly
examine the causes of death, fire and disaster; and
(c) promotes the development of a systematic and comprehensive
public record of findings made by a coroner and any associated
recommendations made by the coroner; and
(d) increases public awareness of a coroner’s findings about—
(i) violent or unusual deaths; and
(ii) serious risks to public health and safety; and
(iii) ways to protect public health and safety by reducing the
risk of death, fire or disaster; and
(e) promotes public understanding about the function of the
Coroner’s Court.
3BB Meaning of death in care
(1) In this Act:
death in care means the death of a person—
(a) while being taken into or detained in custody, or subject to an
order, under—
(i) the Mental Health Act 2015; or
(ii) the Crimes Act 1900, section 309 (Assessment whether
emergency detention required); or
(b) because of a fatal injury sustained in circumstances mentioned
in subsection (a).
(2) For this section, a person is subject to an order if the person is—
(a) being taken into, or detained in, custody under the order; or
(b) being restrained, or otherwise being provided with care, under
the order; or
(c) otherwise subject to the order.
3C Meaning of death in custody
(1) For this Act, death in custody means the death of a person (other than
a death in care)—
(a) at a correction centre, lockup or detention place; or
(b) while performing work under a community service condition of
a good behaviour order under the Crimes (Sentencing) Act 2005;
or
(c) while subject to an accommodation order under the Crimes
(Sentencing) Act 2005, section 133Z (Accommodation orders—
for young offenders convicted or found guilty); or
(d) while subject to a transfer arrangement under the Children and
Young People Act 2008, division 5.2.1 (Interstate transfer
generally) or, while in custody under that Act, section 128
(Lawful custody for transit through ACT); or
(e) while at a licensed place under the Intoxicated People (Care and
Protection) Act 1994; or
(f) while in, being taken into, or after being taken into, the custody
of a custodial officer; or
(g) while escaping, or attempting to escape, from the custody of a
custodial officer, other than a carer under the Intoxicated People
(Care and Protection) Act 1994.
(2) Also, death in custody includes death because of a fatal injury
sustained in a place, or in circumstances, mentioned in subsection (1).
(3) For subsection (1) (c) and (d), a person is subject to an order or
arrangement—
(a) while being taken into, or detained in, custody under the order
or arrangement; or
(b) while being restrained, or otherwise being provided with care,
under the order or arrangement; or
(c) while otherwise subject to the order or arrangement.
3D Who is a custodial officer?
In this Act:
custodial officer means any of the following:
(a) a police officer;
(b) the person in charge of a correctional centre;
(c) a corrections officer;
(d) the chief psychiatrist;
(e) a mental health officer;
(f) the director-general responsible for the Children and Young
People Act 2008 or an authorised person under that Act;
(g) the sheriff, a deputy sheriff, or a person appointed to assist the
sheriff, under the Supreme Court Act 1933;
(h) a carer under the Intoxicated People (Care and Protection)
Act 1994.