Death Notification Legislation (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENTS TO CORONERS ACT 1985 3 3. New definitions inserted in section 3 3 4. Additional functions of State Coroner 4 5. New section 10A inserted 4 10A. Delegation from State Coroner to a coroner 4 6. New section 13A inserted 4 13A. Obligation to report reviewable death 4 7. Information to coroner 5 8. Jurisdiction of coroners to investigate a death 5 9. New section 15A inserted 6 15A. Jurisdiction of State Coroner to investigate reviewable deaths 6 10. New section 22A inserted 7 22A. Notification of certain deaths to CCOPMM 7 11. Control of body 7 12. Change to heading of Division 2 of Part 5 7 13. New Division 3 inserted in Part 5 8 Division 3—Powers of Investigation of Reviewable Deaths 8 30A. State Coroner has same investigative powers for reviewable death and reportable death 8 30B. If the reviewable death is a reportable death 8 30C. If the reviewable death is not a reportable death 8 30D. State Coroner may investigate a reviewable death 8 30E. Information about a child or person other than the deceased child 9 30F. Information collected by coroner in relation to a reviewable death or a reportable death 9 14. Additional function of Institute 9 15. Additional powers of Institute 10 -- 1 of 23 -- Victorian Legislation and Parliamentary Documents Section Page ii PART 3—AMENDMENTS TO BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 12 16. New definitions inserted in section 4 12 17. Additional functions of Registrar 12 18. Registrar to inquire regarding reviewable deaths 13 19. New Division 4A inserted into Part 7 13 Division 4A—Information relating to child deaths 13 49A. Registrar's obligations in relation to the death of a child 13 49B. Registrar's obligations in relation to the death of a child and a still-birth 14 PART 4—AMENDMENTS TO HEALTH ACT 1958 16 20. New definitions inserted in section 162B 16 21. Changed function of Council 16 22. New sections 162FA and 162FB inserted 16 162FA. Council may request disclosure 16 162FB. Disclosure of information held by the Council 17 23. Confidentiality 18 PART 5—AMENDMENT TO CHILDREN AND YOUNG PERSONS ACT 1989 19 24. Notification to protective intervener 19 PART 6—AMENDMENT TO HUMAN SERVICES (COMPLEX NEEDS) ACT 2003 20 25. Confidentiality provision 20 ═══════════════ ENDNOTES 21 -- 2 of 23 -- Victorian Legislation and Parliamentary Documents 1 Death Notification Legislation (Amendment) Act 2004† [Assented to 8 June 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is— (a) to amend the Coroners Act 1985— (i) to create a category of reviewable death; and Victoria No. 36 of 2004 -- 3 of 23 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 2 (ii) in relation to the functions and powers of the Victorian Institute of Forensic Medicine with respect to reviewable deaths; and (b) to amend the Births, Deaths and Marriages Registration Act 1996 in relation to the powers of the Registrar with respect to reviewable deaths; and (c) to amend the Health Act 1958 in relation to the powers of the Consultative Council on Obstetric and Paediatric Mortality and Morbidity; and (d) to amend the Children and Young Persons Act 1989 in relation to the effect under the Health Act 1958 of a notification to a protective intervener; and (e) to amend the Human Services (Complex Needs) Act 2003 in relation to the confidentiality of information under that Act. 2. Commencement (1) This Part and Parts 4, 5 and 6 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2005, it comes into operation on that day. __________________ s. 2 -- 4 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 3 PART 2—AMENDMENTS TO CORONERS ACT 1985 3. New definitions inserted in section 3 In section 3(1) of the Coroners Act 1985 insert the following definitions— ' "child" means a person under 18 years of age; "parent" in relation to a child includes— (a) a step-parent; (b) an adoptive parent; (c) a foster parent; (d) a guardian; (e) a person who has custody or daily care and control; (f) a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children; "reviewable death" means a death— (a) where the body is in Victoria; or (b) that occurred in Victoria; or (c) the cause of which occurred in Victoria; or (d) of a child who ordinarily resided in Victoria at the time of death— being a death of a second or subsequent child of a parent; "sibling" in relation to a child includes a half- brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the child;'. See: Act No. 10257. Reprint No. 4 as at 23 October 2002 and amending Act No. 76/2003. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 4 4. Additional functions of State Coroner After section 7(c) of the Coroners Act 1985 insert— "(ca) to ensure that all reviewable deaths reported to the State Coroner are investigated;". 5. New section 10A inserted After section 10 of the Coroners Act 1985 insert— "10A. Delegation from State Coroner to a coroner The State Coroner may, by instrument, delegate to a coroner any power or duty of the State Coroner other than a prescribed power or duty or this power of delegation.". 6. New section 13A inserted After section 13 of the Coroners Act 1985 insert— "13A. Obligation to report reviewable death (1) A person who has reasonable grounds to believe that a reviewable death has not been reported to the State Coroner as a reviewable death must report it to the State Coroner as soon as possible after becoming aware of the existence of that death. Penalty: 10 penalty units. (2) A doctor who is present at or after the death of a child must report the death as soon as possible to the State Coroner if the death is a reviewable death. Penalty: 10 penalty units. s. 4 -- 6 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 5 (3) If more than one doctor is present at or after a reviewable death and one of them reports it to the State Coroner, the other doctors need not report the death but must give the State Coroner any information which may help the investigation into that death.". 7. Information to coroner (1) In section 14(1) of the Coroners Act 1985 after "reports a" insert "reportable death or a reviewable". (2) In section 14(2) of the Coroners Act 1985 after "investigation" insert "relating to a reportable death or a reviewable death". 8. Jurisdiction of coroners to investigate a death (1) In section 15(2) of the Coroners Act 1985 for "A coroner" substitute "Unless section 15(2A) applies, a coroner". (2) After section 15(2) of the Coroners Act 1985 insert— "(2A) A coroner who receives a report of a reportable death that is also a reviewable death must report that death to the State Coroner. (2B) A coroner who receives a report of a reviewable death that is not also a reportable death must report that death to the State Coroner.". (3) After section 15(3) of the Coroners Act 1985 insert— "(4) A coroner may not investigate a reportable death that is also a reviewable death unless the State Coroner has delegated the power to do so to the coroner under section 10A. s. 7 -- 7 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 6 (5) If in the course of investigating a reportable death a coroner finds that the death is also a reviewable death, the coroner must— (a) stop the investigation of the death; and (b) report the death to the State Coroner. (6) If a death is reported to the State Coroner under sub-section (5), the State Coroner may delegate the power to the coroner to investigate the death under section 10A. (7) A delegation made in respect of an investigation of a death to which sub-section (6) applies has effect as if it had been made before the coroner commenced investigating the death.". 9. New section 15A inserted After section 15 of the Coroners Act 1985 insert— "15A. Jurisdiction of State Coroner to investigate reviewable deaths (1) The State Coroner has jurisdiction to investigate a death that is or may be a reviewable death. (2) After a reviewable death that is also a reportable death is reported to the State Coroner, he or she must investigate that death. (3) After a death that is or may be a reviewable death but that is not a reportable death is reported to the State Coroner, he or she may investigate that death. (4) The State Coroner may give directions to a coroner to investigate a reviewable death, including directions regarding the manner of conducting that investigation. s. 9 -- 8 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 7 (5) The State Coroner may give directions to a coroner to conduct an inquest in relation to a reviewable death but may not give directions regarding the manner of conducting that inquest. (6) If the State Coroner delegates jurisdiction under section 10A to a coroner to investigate a death that is or may be a reviewable death, the coroner has jurisdiction to investigate that death.". 10. New section 22A inserted After section 22 of the Coroners Act 1985 insert— "22A. Notification of certain deaths to CCOPMM A coroner may notify the Consultative Council on Obstetric and Paediatric Mortality and Morbidity of the particulars of the death of a child reported to a coroner.". 11. Control of body In section 24 of the Coroners Act 1985— (a) after "reportable" insert "or reviewable"; (b) after "may give" insert "to a coroner". 12. Change to heading of Division 2 of Part 5 In the heading of Division 2 of Part 5 of the Coroners Act 1985, after "Investigation" insert "of Reportable Deaths". s. 10 -- 9 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 8 13. New Division 3 inserted in Part 5 After Division 2 of Part 5 of the Coroners Act 1985 insert— "Division 3—Powers of Investigation of Reviewable Deaths 30A. State Coroner has same investigative powers for reviewable death and reportable death The State Coroner has the same investigative powers in relation to a reviewable death that he or she has in relation to a reportable death under Divisions 1 and 2. 30B. If the reviewable death is a reportable death If a reviewable death is a reportable death, the State Coroner may refer the death to the Institute to enable the Institute to perform its functions under this Act. 30C. If the reviewable death is not a reportable death If the reviewable death is not a reportable death, the State Coroner may refer the death to the Institute to enable the Institute to perform its functions under this Act. 30D. State Coroner may investigate a reviewable death (1) The State Coroner may investigate a reviewable death without referring the death to the Institute if he or she considers that it is necessary and appropriate to do so. (2) Sub-section (1) does not affect the power of the State Coroner to refer a reviewable death to the Institute under section 30B. s. 13 -- 10 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 9 30E. Information about a child or person other than the deceased child Any information provided to a coroner about a child or person other than the deceased child in the course of an investigation into a reviewable death must be excluded from the public record of that investigation except in the circumstances of an inquest in relation to the deceased child. 30F. Information collected by coroner in relation to a reviewable death or a reportable death Any information collected by a coroner in relation to a reviewable death or a reportable death that is also a reviewable death may be given to the Institute if the coroner considers the information is necessary to enable the Institute to perform its functions under this Act.". 14. Additional function of Institute After section 66(2) of the Coroners Act 1985 insert— "(3) The Institute also has a function to investigate, assess and instigate appropriate responses in respect of— (a) the health or safety of a living sibling of a deceased child; and (b) the health of a parent of a deceased child— where the death of that child constitutes a reviewable death.". s. 14 -- 11 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 10 15. Additional powers of Institute After section 66A(2) of the Coroners Act 1985 insert— '(3) Without limiting sub-section (1), the Institute has power in respect of the functions specified in section 66(1) to— (a) collect, use and disclose personal information and health information; (b) advise the State Coroner as to whether a reviewable death requires further investigation. (4) Without limiting sub-section (1), the Institute has power in respect of the function specified in section 66(3) to— (a) collect, use and disclose personal information and health information; (b) advise the State Coroner as to whether a reviewable death requires further investigation; (c) consult the family and other persons, including a health service provider, to assess the family's need for health and support services; (d) refer the family to health and support services; (e) assess whether a notification under section 64 of the Children and Young Persons Act 1989 should be made in relation to any living siblings of the deceased child; (f) make a notification under section 64 of the Children and Young Persons Act 1989 in relation to any living siblings of the deceased child; s. 15 -- 12 of 23 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to Coroners Act 1985 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 11 (g) advise the State Coroner that the Institute has made a notification under section 64 of the Children and Young Persons Act 1989 in relation to any living siblings of the deceased child. (5) Despite any other Act or law, a person to whom a request is made under sub-section (3) or (4) is authorised by this section to provide the information requested by the Institute. (6) In this section— "health information" has the same meaning as in section 3(1) of the Health Records Act 2001; "health service provider" has the same meaning as in section 3(1) of the Health Records Act 2001; "personal information" has the same meaning as in section 3 of the Information Privacy Act 2000. Example The Institute may exchange personal information or health information with persons such as the family's general practitioner or the maternal and child health nurse.' __________________ s. 15 -- 13 of 23 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Births, Deaths and Marriages Registration Act 1996 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 12 PART 3—AMENDMENTS TO BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 16. New definitions inserted in section 4 In section 4(1) of the Births, Deaths and Marriages Registration Act 1996 insert the following definitions— ' "child" means a person under 18 years of age; "Council" has the same meaning as in section 162B of the Health Act 1958; "Institute" has the same meaning as in section 3(1) of the Coroners Act 1985; "neonatal death" means the death of a live-born child within 28 days after the birth; "reviewable death" has the same meaning as in section 3(1) of the Coroners Act 1985; "sibling" has the same meaning as in section 3(1) of the Coroners Act 1985;'. 17. Additional functions of Registrar After section 6(b) of the Births, Deaths and Marriages Registration Act 1996 insert— "(ba) to provide information in relation to reviewable deaths for the purposes of the Coroners Act 1985 including information in relation to— (i) the identification of living siblings; and (ii) known or registered previous child deaths including neonatal deaths; and". See: Act No. 43/1996. Reprint No. 1 as at 18 February 1999 and amending Act No. 74/2000. LawToday: www.dms. dpc.vic. gov.au s. 16 -- 14 of 23 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Births, Deaths and Marriages Registration Act 1996 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 13 18. Registrar to inquire regarding reviewable deaths (1) In section 42(1)(c) of the Births, Deaths and Marriages Registration Act 1996 for "Register." substitute "Register; or". (2) After section 42(1)(c) of the Births, Deaths and Marriages Registration Act 1996 insert— "(d) in the case of a death of a child— (i) whether a reviewable death has occurred; and (ii) if the Registrar determines that a reviewable death has occurred, whether there are any living or deceased siblings of the deceased child.". 19. New Division 4A inserted into Part 7 After Division 4 of Part 7 of the Births, Deaths and Marriages Registration Act 1996 insert— "Division 4A—Information relating to child deaths 49A. Registrar's obligations in relation to the death of a child (1) If the Registrar receives information in relation to the death of a child, the Registrar— (a) must search the Register to determine whether the death is a reviewable death; and (b) must, if the Registrar determines that the death is a reviewable death, search the Register to determine whether there are living siblings of the deceased child; and s. 18 -- 15 of 23 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Births, Deaths and Marriages Registration Act 1996 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 14 (c) may arrange for a search of a register of another State or Territory to determine the matters set out in paragraphs (a) and (b). (2) If the Registrar determines that the death is a reviewable death, the Registrar must advise— (a) the State Coroner as to the result of the searches under sub-section (1) for the purposes of enabling the Coroner to perform his or her functions under the Coroners Act 1985; and (b) the Council for the purpose of enabling the Council to perform its functions under the Health Act 1958. (3) Despite section 44, if information referred to in this section was obtained from a register of another State or Territory, the advice under sub-section (2) must identify which register provided the information. 49B. Registrar's obligations in relation to the death of a child and a still-birth Despite anything to the contrary in any Act or law, if the Registrar has been given notice under this Act of a still-birth or of the death of a child, the Registrar must notify the Council of the death and forward to the Council— (a) in relation to a still-birth, any medical certificate in his or her possession or under his or her control relating to the still-birth; s. 19 -- 16 of 23 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Births, Deaths and Marriages Registration Act 1996 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 15 (b) in relation to a neonatal death— (i) any medical certificate in his or her possession or under his or her control relating to the death; and (ii) a certificate of death; (c) in relation to the death of a child who died between 28 days and 18 years of age— (i) any medical certificate in his or her possession or under his or her control relating to the death of that child; and (ii) a certificate of death.". __________________ s. 19 -- 17 of 23 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Health Act 1958 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 16 PART 4—AMENDMENTS TO HEALTH ACT 1958 20. New definitions inserted in section 162B In section 162B of the Health Act 1958 insert the following definitions— ' "health service provider" has the same meaning as in section 3(1) of the Health Records Act 2001; "Ministerial Committee" means a committee established by the Minister for Community Services whose functions include providing advice to the Minister regarding the death of children and young people who have been the subject of notifications under section 64(1) of the Children and Young Persons Act 1989;'. 21. Changed function of Council In section 162F(1) of the Health Act 1958, for paragraphs (a) and (aa) substitute— "(a) to conduct study, research and analysis into the incidence and causes of maternal deaths, still-births and the deaths of children in Victoria who die aged less than 18 years of age and to collect information (including personal information and health information) for this purpose;". 22. New sections 162FA and 162FB inserted After section 162F of the Health Act 1958 insert— "162FA. Council may request disclosure (1) The Council may for the purpose of performing its functions under section 162F(1) request a health service provider to provide information to the Council. See: Act No. 6270. Reprint No. 10 as at 1 July 2002 and amending Act Nos 48/1998 and 46/2003. LawToday: www.dms. dpc.vic. gov.au s. 20 -- 18 of 23 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Health Act 1958 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 17 (2) Despite any other Act or law, a health service provider to whom a request is made under sub-section (1) is authorised by this section to provide the information requested to the Council. 162FB. Disclosure of information held by the Council The Council may, if it determines that it is in the public interest to do so, provide information obtained in the course of performing its functions under section 162F(1) to— (a) the Medical Practitioners Board of Victoria established under the Medical Practice Act 1994; (b) the Nurses Board of Victoria established under the Nurses Act 1993; (c) the State Coroner under the Coroners Act 1985; (d) a Ministerial Committee; (e) a protective intervener under section 64(1) of the Children and Young Persons Act 1989 if the Council believes on reasonable grounds that a child is in need of protection; (f) any other consultative council established or appointed under this Act if the Council considers that the death is relevant to the functions of the consultative council; (g) a— (i) day procedure centre; (ii) multi purpose service; (iii) private hospital; s. 22 -- 19 of 23 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Health Act 1958 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 18 (iv) public hospital; (v) denominational hospital— within the meaning of section 3(1) of the Health Services Act 1988; (h) any person or body in another State or Territory that the Council determines has functions corresponding to a person or body referred to in paragraphs (a) to (g); (i) any other person or class of persons prescribed for the purposes of this section.". 23. Confidentiality In section 162H(1) of the Health Act 1958, after "to the extent necessary to perform those functions" insert "or to provide information in accordance with section 162FB". __________________ s. 23 -- 20 of 23 -- Victorian Legislation and Parliamentary Documents Part 5—Amendment to Children and Young Persons Act 1989 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 19 PART 5—AMENDMENT TO CHILDREN AND YOUNG PERSONS ACT 1989 24. Notification to protective intervener For section 64(3)(d) of the Children and Young Persons Act 1989 substitute— "(d) without limiting paragraphs (a) and (b), does not constitute a contravention of— (i) section 162H of the Health Act 1958; or (ii) section 141 of the Health Services Act 1988; or (iii) section 120A of the Mental Health Act 1986.". __________________ See: Act No. 56/1989. Reprint No. 7 as at 1 March 2002 and amending Act Nos 69/1992, 11/2002, 35/2002 and 83/2003. LawToday: www.dms. dpc.vic. gov.au s. 24 -- 21 of 23 -- Victorian Legislation and Parliamentary Documents Part 6—Amendment to Human Services (Complex Needs) Act 2003 Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 20 PART 6—AMENDMENT TO HUMAN SERVICES (COMPLEX NEEDS) ACT 2003 25. Confidentiality provision (1) In section 31(3)(b) of the Human Services (Complex Needs) Act 2003, after "in the course of" insert "criminal". (2) Section 31(3)(e) of the Human Services (Complex Needs) Act 2003 is repealed. ═══════════════ See: Act No. 68/2003. LawToday: www.dms. dpc.vic. gov.au s. 25 -- 22 of 23 -- Victorian Legislation and Parliamentary Documents Death Notification Legislation (Amendment) Act 2004 Act No. 36/2004 21 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 May 2004 Legislative Council: 1 June 2004 The long title for the Bill for this Act was "to amend the Coroners Act 1985 to create a category of reviewable death to allow investigation of multiple child deaths, to amend the Births, Deaths and Marriages Registration Act 1996, the Health Act 1958, the Children and Young Persons Act 1989 and the Human Services (Complex Needs) Act 2003 and for other purposes." Endnotes -- 23 of 23 --