3BOffences against Act—application of Criminal Code etc

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.