The DFVDRAB is required to the Minister annually on their activities and preventative recommendations.
Findings and recommendations, where appropriate, in relation to family and domestic violence fatality reviews are reported to the relevant State Government department or authority. The relevant Minister is informed of any recommendations.
The Ombudsman reports annually to Parliament on his responsibility to review family and domestic violence fatalities including, among other things, information on demographics, risk factors and social and environmental characteristics of family and domestic violence fatalities, identified patterns and trends relating to those fatalities and improvements to public administration. Annual reports can be found on the Ombudsman’s website, at: http://www.ombudsman.wa.gov.au/Publications/Annual_Reports.htm.
The Ombudsman also reports findings and recommendations arising from family and domestic violence fatality reviews to Parliament (and the public) through reports on major investigations. The Ombudsman will table a major investigation into issues associated with family and domestic violence in 2015. The report of the investigation will be provided to the Australian Human Rights Commission upon tabling. Reports of the Ombudsman’s major investigations can be found on the Ombudsman’s website at: http://www.ombudsman.wa.gov.au/Publications/Reports.htm. | Inquest findings appear on the website of the Coroner’s Court of Western Australia. Findings and recommendations are reported to the relevant Minister and incorporated by the State Coroner in the Annual Report to the Attorney General, which is tabled in the WA Parliament and appears on the website. | Findings and recommendations are released publically by the Coroner at the completion of an Inquest.
Findings and recommendations are tabled at the ARTS Chief Executive Group and ARTS working groups
Findings and recommendations are tabled at the ARTS working group
Findings and recommendations are presented in public forums including conferences, forums, seminars, symposiums and to relevant executive and staff groups within SA. |
Coroners’ findings without recommendations may be reported on the CCOV’s website at the individual discretion of the coroner, taking into account the wishes of the family. There may be circumstances where families request that findings not be made public due to cultural belief systems and to protect living persons, particularly children of the parties involved.
Where a finding is made with recommendations, the CCOV is required to publish the finding on their website.
In some circumstances, the finding may be redacted to protect the identities of living persons, most often children. Annually, the activities of the VSRFVD are reported in the CCOV’s annual report.
| QUESTION | NSW | QLD | WA OMBUDSMAN | WA CORONER | SA | VIC |
1.15What is the process for governments and agencies to respond to coronial findings and recommendations? Is it adequate? | Women NSW convenes a Whole of Government response to the Team’s report after it is tabled in NSW Parliament. Governments and agencies work with Women NSW in responding to the Team’s recommendations. The Team monitors recommendations in its Annual Report, including responses to recommendations and information regarding implementation. | Government agencies are required to report on coronial recommendations annually to the Department of Justice and Attorney General and a report is tabled in the Parliament by the Attorney-General – this is an administrative arrangement only. The recent amendments require that progress on the implementation of DFVDRAB recommendations to be reported annually to the Minister in an Annual Report. | The Parliamentary Commissioner Act 1971 (WA) provides for the process to respond to recommendations of the Ombudsman that have not been agreed by State Government departments and authorities. Following, where appropriate, an opportunity to be heard in relation to a review/investigation report, recommendations are provided to State Government departments and authorities. During the term of the current Ombudsman, 100% of the Ombudsman’s recommendations have been agreed. The Ombudsman also monitors the implementation of recommendations and periodically reports to Parliament on this monitoring. These processes are considered adequate. | There are currently no provisions in the Coroners Act 1996 to compel responses. | Where the death is a death in custody, a report from the Attorney General must be tabled in Parliament within 6 months of the release of the findings.
Other recommendations made are directed to the highest level possible e.g. Premier, Ministers, Commissioner of Police. Each Government agency has some mechanism for receiving and processing the recommendations, however, there is no mandated/legislated requirement to report on responses to recommendations.
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