Coroners Act 2003

A person’s death is a death in care if, when the person died—

the person had a disability mentioned in the Disability Services Act 2006, section 11, and—

was living in a level 3 accredited residential service; or

was receiving services providing accommodation to persons with a disability and operated, or wholly or partly funded, by the department in which the Disability Services Act 2006 is administered; or

was living in a residential service—

that is not a private dwelling or aged care facility; and

that is wholly or partly funded by the department in which the Hospital and Health Boards Act 2011 is administered or by a Hospital and Health Service under that Act, or at which the department or a Hospital and Health Service provides services; or

the person was, under the Forensic Disability Act 2011—

being taken to, or detained in, the forensic disability service as a forensic disability client; or

being taken to an authorised mental health service under section 113(2)(b) or (4) of that Act; or

undertaking community treatment while accompanied by a practitioner within the meaning of that Act; or

absent from the forensic disability service under a temporary absence approval while accompanied by a practitioner within the meaning of that Act; or

awaiting admission at an authorised mental health service under an order for the person’s transfer from the forensic disability service to the authorised mental health service; or

the person was—

being detained in an authorised mental health service as an involuntary patient under the Mental Health Act 2016; or

being detained in a public sector health service facility under an emergency examination authority under the Public Health Act 2005; or

being transported to or from an authorised mental health service under the Mental Health Act 2016; or

undertaking limited community treatment under the Mental Health Act 2016 while in the physical presence of a health service employee; or

temporarily absent from an authorised mental health service under an approval given under the Mental Health Act 2016, section 221 while in the physical presence of a health service employee; or

the person was under the guardianship of the chief executive under the Adoption Act 2009, section 57 or 65; or

the person was a child who was—

in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999; or

placed in care under an assessment care agreement; or

the subject of a child protection order granting custody of the child to a person, other than a parent of the child, who is a member of the child’s family; or

the subject of a child protection order granting long-term guardianship of the child to—

a suitable person, other than a parent of the child, who is a member of the child’s family; or

another suitable person, other than a member of the child’s family, nominated by the chief executive; or

the person was a participant who was not living in a private dwelling or an aged care facility and who was receiving or entitled to receive, under the person’s participant’s plan, services or supports—

paid for wholly or partly from funding under the NDIS; and

provided by a registered NDIS provider that is registered under the NDIS Act, section 73E to provide a relevant class of supports; and

within the relevant class of supports.

Subsection (1)(aa) or (b) applies even if, immediately before the person was detained, the person was in the custody of the chief executive (corrective services) under the Corrective Services Act 2006.

Subsection (1) applies even if the person died somewhere other than the place where the person ordinarily lived for the purposes of being in care.

For subsection (1)(a)(iii)(A) and (e), the deceased person was living in a private dwelling if the dwelling was used, or used principally, as a separate residence for—

if a restrictive practice was used at the dwelling in relation to the deceased person under a chapter 5B approval in effect immediately before the person died—the deceased person and 1 or more of the deceased person’s relations; or

if specialist positive behaviour support was provided at the dwelling under the deceased person’s participant’s plan and the support involved the use of a restrictive practice—the deceased person and 1 or more of the deceased person’s relations; or

if specialist disability accommodation was provided at the dwelling under the deceased person’s participant’s plan—the deceased person and 1 or more of the deceased person’s relations; or

if paragraphs (a), (b) and (c) do not apply—the deceased person and 1 or more of the deceased person’s relations, or the deceased person only.

In this section—assessment care agreement means an assessment care agreement as defined under the Child Protection Act 1999.authorised mental health service means an authorised mental health service as defined under the Mental Health Act 2016.chapter 5B approval means an approval given under the Guardianship and Administration Act 2000, chapter 5B.child protection order means a child protection order as defined under the Child Protection Act 1999.forensic disability client means a forensic disability client as defined under the Forensic Disability Act 2011.forensic disability service means the forensic disability service as defined under the Forensic Disability Act 2011.level 3 accredited residential service means a residential service that has, or is required to apply for, a level 3 accreditation under the Residential Services (Accreditation) Act 2002.national disability insurance scheme rules means the National Disability Insurance Scheme rules made under the NDIS Act, section 209.NDIS means National Disability Insurance Scheme under the NDIS Act.NDIS Act means National Disability Insurance Scheme Act 2013 (Cwlth).participant has the meaning given by the NDIS Act, section 9.participant’s plan, for a deceased person, means a plan for the person under the NDIS Act that was in effect under section 37 of that Act immediately before the person died.relation, of a deceased person, means—

a person who is related to the deceased person by blood, spousal relationship, adoption or a foster relationship; or

if the deceased person is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the deceased person; or

if the deceased person is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the deceased person.

high intensity daily personal activities;

assistance with daily life tasks in a group or shared living arrangement;

specialist positive behaviour support that involves the use of a restrictive practice;

specialist disability accommodation.

a restrictive practice within the meaning of the Disability Services Act 2006, section 144; or

a regulated restrictive practice within the meaning of the national disability insurance scheme rules made for the NDIS Act, section 73H about conditions applying to registered NDIS providers in relation to the use of regulated restrictive practices.