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Parliamentary Questions


Question Without Notice No. 1059 asked in the Legislative Council on 13 October 2020 by Hon Peter Collier

Parliament: 40 Session: 1

CORONIAL INQUESTS — REQUESTS

1059. Hon PETER COLLIER to the Leader of the House representing the Attorney General:

This question is asked on behalf of Hon Michael Mischin who is on urgent parliamentary business.

I refer to requests to the Attorney General to direct the State Coroner to hold inquests into the killing of the family of Aaron Cockman on 11 May 2018, first requested by Mr Cockman on 21 May 2020, and the suicide of school student Cohen Fink on 4 June 2019, first requested by his family on 21 February 2020. In respect of each, I ask —

(1) Has the Attorney General now received the advice he said he was awaiting when he responded to my question without notice of 20 August 2020?

(2) Will he direct the coroner to hold an inquest?

(3) When did the Attorney General so decide and has he informed the applicant of his decision; and, if not, why not?

(4) Has the Attorney General provided the applicant with detailed reasons for his decision; and, if so, when; and, if not, why not?

(5) If the Attorney General has not yet decided whether to direct the coroner, why not and when will he do so?

(6) If the Attorney General is still awaiting advice, is it legal advice or political advice, and from whom is the Attorney General awaiting that advice and why is it taking so long to obtain it?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1)–(6) The Attorney General's office received legal advice from the Solicitor General on 10 October 2020 regarding the Coroner's Act 1996 and whether Mr Cockman's request for a direction to the coroner should be made. Regrettably, there was a delay in that advice being provided due to the COVID-19 pandemic and other urgent matters. The advice is being considered. The Attorney notes that research has indicated that there is no record of any Attorney General of Western Australia ever having made a direction of this nature under this act. The Attorney has given a commitment to families who have made requests to him regarding inquests that any decision will be conveyed to them prior to it being made public.