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Parliamentary Questions


Question Without Notice No. 282 asked in the Legislative Council on 5 April 2022 by Hon Nick Goiran

Parliament: 41 Session: 1

CORONERS ACT — LEGAL ADVICE

282. Hon NICK GOIRAN to the parliamentary secretary representing the Attorney General:

I refer to changes in the interpretation of the Coroners Act 1996 following advice in 2020 from the State Solicitor's Office to the Office of the State Coroner that all information contained in a coronial file, including post-mortem examination results, is confidential and belongs to the State Coroner and, as a result, is no longer routinely provided to hospitals.

(1) Who provided that advice and on what date?

(2) Which health service providers were consulted prior to the advice being given?

(3) Will the Attorney General table that advice?

(4) On what date did the Solicitor-General provide advice on this issue?

(5) Does the State Coroner inform medical practitioners if the cause of death was related to a secondary condition or clinical incident arising from their provision of health care?

Hon KYLE McGINN replied:

I thank the member for some notice of the question. I answer on behalf of the parliamentary secretary representing the Attorney General. The following answer has been provided to me by the Attorney General.

(1)–(3) Legal advice is subject to legal professional privilege.

(4) The Solicitor-General was not consulted to provide advice and did not provide any advice on this matter.

(5) The State Coroner does not provide information to medical practitioners on the question of whether the cause of death was related to a secondary condition or clinical incident arising from their provision of health care unless there is consent from the senior next of kin to do so. The exception is where the coroner seeks a report or a statement from a medical practitioner in order to investigate the death to make the findings under section 25(1) of the Coroners Act 1996. In such cases the medical practitioner will be provided with relevant information for the purposes of preparing his/her report or statement for the coroner and this may include information about a relevant secondary condition or clinical incident arising from their provision of health care.