Justice & Related Legislation (Miscellaneous Amendments) Bill 2025 (No. 38)

Wednesday 24 September 2025

[3.04 p.m.]

Ms ARMITAGE (Launceston) - Mr President, I thank the Leader for bringing forward this bill. I rise to offer a few remarks.

As mentioned by the Leader, some of the legislative changes this bill makes have arisen out of the tragic circumstances faced by the Westbrook family. I acknowledge them, their efforts and the loss their family has suffered and continues to suffer. The passing of this bill into law, I hope, will improve the administration of coronial laws in Tasmania, due in no small part to the Westbrooks' tireless work and advocacy on the matters contained in this bill.

Essentially, this bill will amend the Coroners Act to insert section 58C that requires coronial records be provided to the senior next of kin in certain circumstances. The Coroners Act, as it currently stands, already specifies how a senior next of kin is identified, sets our procedures for investigations and inquests by coroners and endows the senior next of kin with certain rights.

The passing of this bill will provide the right of that senior next of kin to obtain access to certain information by way of records. Section 58C, which this bill seeks to insert into the act, will enable the senior next of kin to apply in writing for a coronial record. The definition of a coronial record is wide in scope but also clear on what might be accessible. It includes all evidentiary material held by the court in relation to coronial investigation of a death, including documents, photographs and other material of evidentiary value.

The provision ensures that the court can also obtain relevant information it may not currently hold on the file to disclose to the senior next of kin. The Leader used an example of autopsy photographs, which might be held by the pathologist, and which might have informed the written report, but which are not actually on the court file.

The bill also specifies grounds on which a request may be refused, including where it's prohibited by the act or another act which, when appropriate, restricts publication of reports or proceedings that would be contrary to national security or personal security or would prejudice the investigation of breaches of the law, administration of the law or a fair trial of a person. It does provide the option for parts of a record to be redacted to enable parts of it to potentially be released.

Material related to coronial investigation is almost certain to be extremely unpleasant, triggering and upsetting. It is one thing for records to inform a clinical analysis of a person's death and the circumstances they're in, but it's quite another thing for a next of kin, a loved one, a friend. It must never be lost on us that coronial investigations are to determine the unexpected, unnatural or violent death of a person, and that the deceased person has people who love and miss them, and who want to understand why they aren't around anymore.

I note my utmost respect for our coroners and their support staff. Their job is extremely difficult. They often work in very distressing situations and are regularly exposed to material that's not ordinarily seen by people in the community. They try to provide answers and explanations for very difficult questions and, where appropriate, make recommendations to try to avoid similar such deaths or circumstances occurring to anyone else.

They possess eminent minds and provide an important service to our community and to the legal system, and any legislation which affects their role should be to support them in this endeavour.

Ultimately, this bill seeks to promote transparency and accountability in our legal system, especially where investigations take place. Our community needs to have faith that when an unexpected, unnatural or sudden death occurs, there will be a proper and adequate investigation that takes place, which is backed up by evidence. As the Leader mentioned, there's a balance to be struck between this type of transparency and the private, personal and likely distressing nature of the records that are being sought. Currently, this bill fairly strikes that balance.

I note this bill also makes amendments to the Corrections Act, the Tasmanian Civil and Administrative Tribunal Act and the Workers Rehabilitation and Compensation Act.

With the TASCAT amendments, the bill seeks to amend section 98(3)(c) to allow a lawyer subject to disciplinary proceedings under the Legal Profession Act 2007 to appear as a representative. This is intended to uphold the presumption of innocence, as merely the bringing of disciplinary action that has not yet concluded does not confirm wrongdoing. A lawyer in those circumstances should retain the right to appear as a representative in the meantime.

What this bill does not seek to do, as the Leader pointed out, is to change the ability for the Legal Profession Board of Tasmania to suspend a legal practitioner's practising certificate if they are subject to disciplinary proceedings. In those circumstances, a lawyer will not be eligible to appear under section 98(3)(a). The Legal Profession Board is a board of experts and is adequately mandated to exercise its powers as they currently stand.

Finally, this bill seeks to amend the Workers Rehabilitation and Compensation Act, which currently states that a compensation certificate must be signed by a medical practitioner. This bill seeks to allow, in certain circumstances, such a certificate to be signed by a nurse practitioner. The objective of this provision is to reduce duplication of service costs, and result in a more efficient health system, as patients will no longer require a reassessment by a medical practitioner for the purposes of a workers compensation certificate. I understand that the bill provides that nurse practitioners who are able to sign these certificates must have reached a master's level in their specific specialty of practice and be employed in the emergency department of a hospital or other prescribed circumstances or for prescribed purpose. Taken at face value, this appears to be good step, freeing up doctors' time.

I thank the Leader again for bringing forward these important legislative changes and wish to again acknowledge the Westbrook family's loss and their hard work in advocating for important changes to Tasmanian law.