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20
Notify Aboriginal legal service of Aboriginal deaths in custody
That the appropriate Aboriginal Legal Service be notified immediately of any Aboriginal death in custody.
Aboriginal Community-Controlled Organisations (ACCOs) are inherently capable of offering such culturally safe and skilled services. Specifically, Aboriginal legal services who can provide the "wraparound support" required throughout the coronial inquest process, ensuring that Aboriginal families' needs and rights are adequately addressed.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 20 was to ensure the immediate notification of the relevant Aboriginal legal service of any Aboriginal death in custody.
Actions taken align with the intent of this recommendation. Practice Direction 6 of 2020 requires staff within the Coroners Court to notify the Victorian Aboriginal Legal Service (VALS) within 48 hours following an Aboriginal death in custody. The Coroners Yirramboi Murrup Unit (YMU) has further formalised this practice.
There is evidence that these actions have contributed to the timely notification of VALS of deaths in custody. VALS and the YMU confirmed that, since protocols were established and Practice Direction 6 introduced, VALS has been promptly contacted by the Coroners Court following the passing of an Aboriginal person in custody.
While acknowledging that VALS were being notified in a timely manner, Caucus were concerned that the documented timeframe of ‘within 48 hours ’ did not adequately convey the need for ‘immediate notification’ as suggested in Recommendation 20. Specifying a shorter period to notify VALS in Practice Direction 6 would further support families to be assisted by VALS soon after their loved one has passed.
There is no standard. It [Practice Direction 6] speaks to 48 hours and others have spoken about it being six hours in practice, so there is no minimum standard being stipulated. Forty-eight hours is a long time in that sense.
(Lawrence Moser, Chairperson, Eastern Metro Regional Aboriginal Justice Advisory Committee)
Recommendation 20 remains relevant, and further work to document and convey the need to notify VALS as soon as possible after an Aboriginal death in custody could improve outcomes for individual families.
Priority for Further Work:
Low
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Reduce the timeframe for notifying the Victorian Aboriginal Legal Service of an Aboriginal death in custody
Update Practice Direction 6 to mandate notification of VALS within 6 hours of an Aboriginal death in custody.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted that lack of timely information, legal assistance and support exacerbated the distress and frustration experienced by families of the deceased and undermined their right to be represented in coronial investigations and inquests. The commission emphasised the importance of immediately notifying Aboriginal legal services of any Aboriginal death in custody, given their role in safeguarding the rights and interests of Aboriginal individuals and families. Prompt notification enables Aboriginal legal services to provide early support, advice, legal assistance and advocacy from the beginning of any coronial investigation.
Actions Taken Since Last Review
Under the Coroners Act 2008 (Vic) custodial authorities must report the death of a person in their custody or care ‘without delay’ to a coroner or the Victorian Institute of Forensic Medicine.
Coroners Court of Victoria
The State Coroner issued a new practice direction in 2020 outlining protocols for the conduct of coronial investigations into Aboriginal deaths in custody. Under this practice direction, within 48 hours of a death, the Court will contact VALS to facilitate legal advice for senior next of kin on their rights in relation to the coronial process.
Impact
Outputs
The Coroners Court of Victoria released a practice direction outlining new protocols for the conduct of coronial investigations into Aboriginal deaths in custody called Practice Direction 6 of 2020 – Indigenous Deaths in Custody (Practice Direction 6).
Outcomes
The establishment of the Coroners Koori Engagement Unit (now the Yirramboi Murrup Unit) has helped to enhance communication between the Coroners Court and Aboriginal families and organisations.
The establishment of the Coroners Koori Engagement Unit has meant we now have the resources to clearly reflect the Royal Commission recommendations in our court processes.
Practice Direction 6 requires notification of VALS within 48 hours in relation to any Aboriginal death in custody in Victoria. The Wirraway Team within VALS confirmed that in practice notification of VALS occurs in a timely way, usually soon after an Aboriginal death in custody is reported to the Coroners Court.
The Victorian State Coroner instituted Practice Direction 6 in 2020 to further implement RCIADIC Recommendation in coronial processes, mandating that VALS must be notified within 48 hours of the passing of an Aboriginal in Custody. VALS is satisfied that Practice Direction 6 has been implemented in practice, according to reports from our legal teams.
Community Views
Victorian Aboriginal Legal Service
VALS emphasised the importance of not only reporting deaths in custody but also understanding the outcomes of those reports. It stressed that thorough investigations are essential to address ongoing uncertainty around the scope of coronial inquiries. VALS also highlighted the need for culturally safe and competent legal representation for Aboriginal families involved in coronial inquests.
Aboriginal Community-Controlled Organisations (ACCOs) are inherently capable of offering such culturally safe and skilled services. Specifically, Aboriginal legal services who can provide the "wraparound support" required throughout the coronial inquest process, ensuring that Aboriginal families' needs and rights are adequately addressed.
VALS stated that implementing these requirements would ensure thorough investigations and provide a robust evidentiary base for inquests. This approach aligns with best practices and enhances the coronial system's transparency and effectiveness.