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Recommendation 10
This recommendation is assigned to CSNSW.
Recommendation
That custodial authorities be required by law to immediately notify the Coroners Office of all deaths in custody, in addition to any other appropriate notification.
Context
The recommendations within the Chapter ‘the Adequacy of Previous investigations’ were directed at strengthening the coronial process to ensure that the potential to reduce deaths in custody is fully realised in the future.
Status: Implemented
- Corrective Services NSW (CSNSW) is required to immediately notify the Coroner of a death in custody under legislation. Immediate notifications are also required to be made to the Aboriginal Legal Service and Aboriginal Affairs NSW.
Details of implementation
Since the RCIADIC a number of legislative and policy amendments have been made to give effect to the intention of Recommendation 10, including amending the Coroners Act 2009 (Coroner’s Act) and the Crimes (Administration of Sentences) Act 1999 (CAS Act) to require mandatory reporting of deaths in custody as soon as possible after the death of a person in custody.
Section 35 (2) of the Coroner's Act requires CSNSW to report a death in custody (reportable death under section 6 of the same Act) as soon as possible after becoming aware of the death of a person in custody.
Section 74 of the CAS Act requires the Governor of the Correctional centre to provide written notice to the Coroner immediately after becoming aware that a death in custody has occurred.
Custodial Operations Policy & Procedures (COPP) 13.3 - Deaths in Custody outlines external notifications that must occur:
NSW Ambulance
NSW Police
NSW State Coroner
scheduled visitors (appointment must be cancelled, only after notification of Next of Kin (NOK) unless NOK cannot be notified within a reasonable time)
Safework NSW
State Sentence Administration
Border Force (for Immigration detainees)
Federal Offenders Unit (for Federal offenders)
Aboriginal Deaths in Custody Policy (Aboriginal Strategy Directorate)
This immediate notification is reflected in the CSNSW Policy - Aboriginal Deaths in Custody Policy Section 1.1. The Principal Manager of the Aboriginal Strategy Directorate notifies the Aboriginal Legal Service and Aboriginal Affairs NSW that an Aboriginal person has died in custody. Only the sex and declared deceased time are shared until such time as it is confirmed that the NSW Police has advised the next of kin of the death.
Evidence
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