Amendment - Coronial Practice Note 3 of 2021

05/10/2021

An amended version of Coronial Practice Note 3 of 2021: Case Management of Mandatory Inquests Involving Section 23 Deaths, will be published in the NSW Gazette this Friday, 8 October 2021.

The amended version addresses an error at clause 6 in the previous version in relation to the repeal of Coronial Practice Note 2 of 2018: Case Management of Mandatory Inquests Involving Critical Incident Investigations.

The repeal provision previously set out at clause 6 has been removed and replaced with the following transitional arrangement:

6. PREVIOUS ARRANGEMENTS UNDER PRACTICE NOTE 2 OF 2018

6.1. Practice Note 2 of 2018: Case management of Mandatory Inquests Involving Critical Incident Investigations will continue to apply to those deaths which occurred prior to 24 September 2021 where the person died in any of the following circumstances:

a. While in custody of a policy officer (section 23(1)(a))

b. While escaping or attempting to escape from the custody of a police officer (section 23(1)(b))

c. As a result of police operations (section 23(1)(c).

Practice Note 3 of 2021 will otherwise continue to apply to all deaths which fall within the scope of section 23 which occur on or after 24 September 2021.

---