This submission was made on 27 July 2026.
About the consultation
The Tasmanian Law Reform Institute is conducting a Review of the Coroners Act 1995 (Tas). The Institute prepared an Issues Paper posing a series of questions on the review of the coronial system, from initial reporting of death to the coroner’s findings and recommendations.
About our submission
While the Review of the Coroners Act 1995 (Tas) Issues Paper raises a broad range of issues on the coronial system, our submission focused solely on deaths of people with disability. Specifically:
- Question 84: Should the definition of reportable death in the Act be changed to include deaths that arise in a disability setting? If changes are needed, in what way(s) should there be statutory reform? If no changes are needed, why?
- Question 164: Do you have any views about the introduction of a disability death review function in Tasmania? For example, do you consider that it should be located within the Coronial Division or within some other independent agency (such as the Ombudsman or the Office of the Disability Commissioner)?
The approach to our submission drew on the Convention on the Rights of Persons with Disabilities (CRPD), the findings of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and the principles of the Disability Rights, Inclusion and Safeguarding Act 2024 (Tas).
What we said
Expanded definition of reportable death to include deaths in a disability setting
We do not believe expanding the definition of a reportable death under the Act is warranted as the existing definition of a reportable death is broadly appropriate.
Creating a separate category of reportable deaths for people with disability risks reinforcing assumptions that people with disability are inherently vulnerable based on an existing disability and compromises a right to privacy at the end of life.
Given most Tasmanians with disability are not NDIS participants or residing in disability settings, increased oversight of disability death outside of the NDIS landscape has merit. However, this is best achieved through a disability death review function rather than an expansion of the coroner’s jurisdiction to capture disability settings.
Introduction of a disability death review function in Tasmania
We support the establishment of a disability death review function within our office, through expanding our functions under the Disability Rights, Inclusion and Safeguarding Act 2024. This review function should focus on systemic review and identification of risks, trends and opportunities for prevention. The function should be designed to achieve these objectives while respecting the rights, dignity, privacy and autonomy of people with disability and their families. It should not review individual deaths or replicate reviews undertaken by the Tasmanian Coroner and the NDIS Quality and Safeguards Commission.