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Other Parliamentary SpeechesThis page is dedicated to Peter's speeches during parliament that do not fall under Questions or Questions without notice. They range from debating legislation, reporting on events or issues in his seat of Southport and his Ministerial Statements.
Coroners Bill; Cremations Bill |
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| Posted by Administrator (admin) on Apr 01 2003 |
| Other Speeches >> |
Mr LAWLOR (Southport-ALP) (4.02 p.m.): I rise to participate in this cognate debate on the Coroners Bill 2002 and the Cremations Bill 2002. Dealing firstly with the Cremations Bill, the object of the bill is to make sure that a body which is the subject of a suspicious death or should otherwise be reported to a coroner is not cremated before the death is the subject of a thorough investigation. Generally, a body cannot be cremated or buried without a cause of death certificate, and this requirement therefore prevents the destruction of evidence which may lead to criminal charges.
Current provisions under the Coroners Act 1958 require that a body has to be examined by a second doctor prior to cremation, and similar provisions are in force in most other Australian jurisdictions. The Cremations Bill 2002 maintains this important safeguard. Like the Coroners Act 1958, there is a provision that a doctor other than the doctor who issued the cause of death certificate must issue a permission to cremate. Prior to permission being given, a second doctor must examine the body except where an autopsy has been carried out as a result of an order by the coroner.
This bill also has a secondary purpose, and that is to ensure as far as possible that bodies that contain pacemakers or other similar devices are not cremated, as these devices may explode and cause injury during the cremation process. The bill achieves the objective by providing that permission to cremate cannot be issued unless there is a reasonable certainty that the body does not contain anything which may explode or otherwise cause injury during cremation. We live in modern times and, with modern medical science and procedures always advancing, this provision could become even more important as more devices are implanted and utilised to preserve life and improve the quality of life.
Other elements of the bill include a provision that, where death occurs overseas and the body is repatriated to Queensland, it is still subject to the act and a permission to cremate will still have to be obtained. The bill also alters the common law rights of a person or representative to determine how a deceased person's body is dealt with. No longer can a deceased's wishes to be cremated be thwarted. The act requires that a deceased's body be cremated if that is his or her wish.
The bill also places obligations on those in charge of crematoria to give the ashes to the applicant and also to keep the applications of permissions to cremate, except where the coroner issues the permission to cremate. Under the prevailing law, a de facto partner cannot make an application for permission to cremate or object to a cremation, and this shortcoming is rectified in this bill by giving a de facto partner the same rights as a spouse. This provision is consistent with the amendment to the Acts Interpretation Act 1954 which was recently passed in this parliament.
Turning now to the Coroners Bill 2002, this bill brings to the coronial system an emphasis on preventing deaths and a compassionate approach to families in what is always a very stressful and traumatic time. For the first time Queensland will have a state coroner who will bring a proactive and preventive emphasis to the coroner's duties. There will be an emphasis on identifying emerging patterns and recommending changes to prevent future deaths. This ill be particularly important in workplaces where technology and systems are changing more rapidly than ever.
There will be better information and access to documents and also, in recognition of our multicultural society, the bill will ensure greater sensitivity to different cultures and beliefs. Every magistrate is a coroner and that continues under this bill. Some 3,000 deaths are reported to coroners each year, and in our decentralised state it is important that we have an efficient coronial system with reportable deaths properly investigated, and this bill will go a long way to achieving that objective.
The bill will make the State Coroner accountable for the smooth running of the Queensland coronial system, and he or she will provide a coordinating role, which will be a vast improvement on the present somewhat ad hoc system. As mentioned by the Attorney-General in his second reading speech, the new system will be efficient, effective, responsive and compassionate. I congratulate the Attorney-General and his dedicated and hardworking staff, and I commend the bill to the House. Last changed: [PUBLISHED_DATE] at 12:00 AM
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