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Recommendation 15
This recommendation is assigned to CSNSW.
Recommendation
That within three calendar months of publication of the findings and recommendations of the Coroner as to any death in custody, any agency or department to which a copy of the findings and recommendations has been delivered by the Coroner shall provide, in writing, to the Minister of the Crown with responsibility for that agency or department, its response to the findings and recommendations, which should include a report as to whether any action has been taken or is proposed to be taken with respect to any person.
Context
Recommendation 15 is directed at ensuring public accountability in relation to responses to coronial recommendations to ensure recommendations receive proper consideration.
Status: An alternative to the Royal Commission’s recommendation has been implemented i.e. a response to the recommendation is required within 6 months.
- Ministers and Government agencies in NSW are required to provide responses to the Attorney General about the consideration and implementation of recommendations from coronial inquests within 6 months of receiving the recommendation.
Details of Implementation
Premier’s Memorandum
Corrective Services NSW (CSNSW) is bound by Premier’s Memorandum ‘M2009-12 Responding to Coronial Recommendations’ which is a directive to Ministers and Government agencies to respond to the Attorney General within set deadlines about the consideration and implementation of recommendations arising from coronial inquests.
When a coroner makes a recommendation at an inquest or inquiry, the coroner will forward a copy of the recommendation to the:
- State Coroner, any person to whom, or body to which, a recommendation is directed.
- Minister who administers the legislation, or who is responsible for the person or body to which a recommendation relates.
- Attorney General.
A Minister or NSW government agency which receives a coronial recommendation should within 21 days:
- acknowledge receipt of the recommendation
- or if the recommendation relates to issues which are the responsibility of another Minister or agency, refer the recommendation to the appropriate Minister or agency, and inform the coroner, State Coroner and the Attorney General of the referral.
A Minister or NSW government agency which receives a coronial recommendation referred by another Minister or agency should acknowledge receipt of the recommendation to the referring Minister or agency, the State Coroner and the Attorney General. Within six months of receiving a coronial recommendation, a Minister or NSW government agency should write to the Attorney General outlining any action being taken to implement the recommendation. If it is not proposed to implement a recommendation, reasons should be given (e.g. the recommendation will not achieve the intended outcome; the outcome can be achieved in another way; the recommendation is impractical to implement having regard to the cost and potential benefits; there are other considerations that make implementation of the recommendation not feasible).
Ministers and agencies are encouraged to provide updates to the Attorney General on any further action taken to implement recommendations following their initial advice. In accordance with the usual process, if the proposed Government response to a coronial recommendation involves significant change to Government policy, impacts on more than one portfolio, or has budgetary implications, a Minister should bring forward a Cabinet Minute. Any cross-portfolio issues should be subject to consultation with relevant Ministers. The Attorney General will maintain a record of all coronial recommendations made, together with the responses received from Ministers and NSW government agencies. The Attorney General will arrange for a report to be posted on his Department’s website, in June and December of each year, summarising coronial recommendations made and the responses received from Ministers and NSW government agencies.
CSNSW processes
The CSNSW Management of Deaths in Custody Committee and Oversight Review Committee (if relevant) review and monitor the implementation of all coronial recommendations.
CSNSW provides updates on the implementation status of the coronial recommendations to the Minister for Corrections and reports on this to the Attorney General and NSW Coroner.
Publication of responses on DCJ website
Through the Legal Division of the Department of Communities and Justice, the Attorney General maintains a record of all coronial recommendations made, together with the responses received from Ministers and NSW Government agencies, on the Department of Communities and Justice website.
Evidence
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