Recommendation 24

This recommendation is assigned to CSNSW.

Recommendation

That unless the State Coroner or the Coroner appointed to conduct the inquiry otherwise directs, investigators conducting inquiries on behalf of the Coroner and the staff of the Coroners Office should at all times endeavour to provide such information as is sought by the family of the deceased, the Aboriginal Legal Service and/or lawyers representing the family as to the progress of their investigation and the preparation of the brief for the inquest. All efforts should be made to provide frank and helpful advice and to do so in a polite and considerate manner. If requested, all efforts should be made to allow family members or their representatives the opportunity to inspect the scene of death.

Context

The Royal Commission noted that access to documents in the possession of the coroner was problematic and that it is desirable that all documents, statements and other exhibits be made available to all persons appearing or represented at an inquest as early as possible and should be available for inspection within a reasonable time prior to the conduct of the inquest (at 4.6.37-39). Recommendation 24 is directed at ensuring that where requested, families are provided with helpful advice on the status of an investigation/brief of evidence and efforts are made to allow access to the scene of the death.

Detail of implementation

This is reflected in the CSNSW Aboriginal Advisory Unit (AAU) policy ‘Aboriginal Deaths in Custody Policy Section 1.1’.

The Principal Manager of the AAU will:

• organise a meeting at the earliest opportunity with family members to allow them to raise any questions or issues they may have.
• organise a meeting at the earliest opportunity with Aboriginal community members to allow them to raise any questions or issues they may have.

Section 1.2 further provides that in cases where an individual contacts CSNSW for information relating to a death in custody, the CSNSW staff member must refer the individual to the Police Officer in charge and provide their contact details as noted in the OIMS case note. It is also noted in the policy that CSNSW staff must be sensitive to the needs and requests of the deceased inmate’s family. All efforts should be made to provide frank and helpful advice in a polite and considerate manner.

Evidence

• Aboriginal Advisory Unit – Aboriginal Death in Custody policy (PDF, 232.5 KB)