Inquest into the disappearance of CD

Case Number: 2019/00306113

Date of Findings: 16 September 2022

Magistrate: Deputy State Coroner, Magistrate Erin Kennedy

Catchwords: CORONIAL LAW – Missing person – manner of death – Police Investigation – Appropriateness and adequacy of police response – Appropriateness of legislative interpretation of legislation relating to triangulation – construction of s 287, Telecommunications Act 1987

Responses

Recommendations

To the Commissioner of the NSW Police Force:

1. That the Commissioner of Police of the NSW Police Force review the Missing Persons Standard Operating Procedures 2022 (Version 3.0) to clarify, state or otherwise include reference to the following matters:
   a. That the first 24 to 72 hours of a missing person investigation are usually the most critical, particularly so for missing persons in the high-risk category; during this period, continuity and intensity in the investigation are important;
   b. For high-risk missing person investigations, consideration should be given to immediate allocation of the investigation to an investigator (a designated Detective) with capacity to provide continuity and expertise for the critical 24 to 72 hour period (rather than General Duties officers);
   c. In relation to triangulation procedure (Chapter 17.0):
       i. Requests for triangulation should be made by a Duty Officer or Supervisor (except in remote areas); and
       ii. If a request for triangulation is declined - there is a review procedure pursuant to which the Duty Officer or Supervisor can escalate the matter (and specify that procedure);
   d. In Annexure A – ‘Initial Response – Missing Persons Checklist’, reference to canvassing the area/last place the missing person was seen for witnesses (for example, street neighbours).
2. That the Commissioner of Police of the NSW Police Force:
   a. be provided with the transcript of the evidence of CI Charlesworth in this inquest; and
   b. give consideration to obtaining an urgent advice to provide authoritative guidance to the NSW Police Force as to the construction of s 287 of the Telecommunications Act 1997 (including for example from an appropriate senior counsel or from the Crown Solicitor’s Office), in light of the remedial purpose of that provision and noting evidence that the decision whether to triangulate can be a matter of life and death.

To the Minister of Communications (Commonwealth):

1. That the Minister for Communications (Cth) be provided with the findings from this inquest and the evidence of Chief Inspector Gary Charlesworth, together with the findings in the Inquest into the death of Thomas James Hunt (dated 4 September 2020) regarding issues as to the interpretation and practical operation of s 287 the Telecommunications Act 1997 in relation to missing person investigations, with a view to considering urgent reform of that provision, including as to whether to:
   a. remove the qualifier of an “imminent” threat (consistent with the Australian Law Reform Commission Report 108 (2010), Recommendation 72-7); and
   b. change the requirement of ‘belief’ to ‘suspicion’.