The New South Wales Coroner’s Court could help put a stop to Aboriginal deaths in custody by committing to systemic change, according to a state inquiry.
The NSW Parliamentary Inquiry into Coronial Jurisdiction found that the current Coroner’s Court system is overloaded and underfunded, and delivered 35 recommendations for improvement.
The inquiry found the current model contributed to the court's inability to examine systemic issues and influence change.
NSW Aboriginal Legal Service CEO Karley Warner said that the court is in a “unique position” of power.
“By its nature, the Coroner’s Court only deals with matters after a person has died," she said.
"Yet it has huge, untapped potential to save lives."
Ms Warner said the court had the ability to “consider the systemic issues that have caused deaths and make recommendations to stop these lethal patterns in their tracks.”
'Actions, not words'
The inquiry called for the creation of a specialist preventive death review unit which would examine existing systemic issues, and for coroners to have greater “follow-up power” to ensure recommendations made during an inquest were implemented.
“The government, police and prisons need to be accountable to grieving families and provide the Coroner’s Court with follow-up power to ensure we save the next life," said Ms Warner.
"Recommendations need to become actions, not just words on paper."
The inquiry also recommended strong lines of communication between families and the court during coronial proceedings, accessible counselling and financial assistance for families, and raising the number of Aboriginal employees within the Coroner’s Court.
It also called for additional funding for Aboriginal Legal Services to ensure First Nations families remain supported during inquests.
The ALS welcomed the recommendation.
“It’s incredibly frustrating and sad for families to sit through days of hearings into their loved one’s death, only for nothing to change. Many families only go through this process because they hope to save the life of the next person,” she said.
“We especially welcome recommendation 18, that the Coroner’s Court appropriately balances the needs and interests of families with other considerations.
The Coroner’s Court is always going to be a distressing place, but it should be somewhere that provides closure rather than compounding upon trauma.
“It should be a place where families feel respected and the humanity of the deceased is recognised.”
Deaths in Custody commission ignored
The report, which was tabled in late April, also acknowledged the 1991 Royal Commission into Aboriginal Deaths in Custody.
Coroners investigating the death of an Aboriginal person in custody have been called upon to consider the unimplemented recommendations from the Royal Commission in relation to the circumstances of the death.
“The Royal Commission into Aboriginal Deaths in Custody ended over 31 years ago, but so many of the solutions it found have been ignored by governments,” said Ms Warner.
New South Wales Aboriginal Legal Service CEO Karly Warner welcomes the inquiry report. Source: NITV News
“More than 500 Aboriginal people have died in custody in the meantime. Our communities are literally sick from saying goodbye to loved ones. How many more reports will it take?”
The ALS is now lobbying the NSW Government to consider the report, and accept all recommendations to work towards preventing further Aboriginal deaths in custody within the state.
