Coroner and/or WA Police
The Coroner notifies the Department of the reportable death of any child under the age of 18 years. A reportable death is defined under the Coroner's Act 1996 (Coroner's Act) and includes any child who is in the CEO's care at the time of their death. It also includes any child whose death "appears to have been unexpected, unnatural or violent, or to have resulted directly or indirectly from injury".
The Coroner's Act enables the Coroner to obtain information from any source to assist in the investigation and determination of a person's death. The Department, via the Central Review Team, provides this information.
The Coroner is responsible for investigating the circumstances of a reportable death and to determine the cause of that person's death. They obtain information through two processes:
Coronial inquiry – an inquiry occurs when the Coroner examines information to determine a person's death.
Coronial inquest – an inquest occurs when the Coroner's Court examines information to determine a person's death or group of deaths. Where a child was in the CEO's care at, or immediately before the time of death, the Coroner must hold a mandated inquest.
The Coroner (Coronial Investigation Squad) may request a report on the Department's history of contact with a child and their family. The Coroner, or WA Police Officer with investigative responsibility acting on behalf of the Coroner, formally submits the written report request to the Central Review Team.
Situations may arise where WA Police officers attending a death, or those with investigative responsibility, may directly request information about a child and their family from Department staff. Where this occurs, you must refer the request to the SCPU.
For further information refer to the Reciprocal Child Protection Procedures – State Coroner of Western Australia (and in related resources).
The Ombudsman
The Ombudsman reviews investigable child deaths including the circumstances in which they occur. An investigable death is defined in the Parliamentary Commissioner Amendment Act 2009.
The Ombudsman also identifies patterns or trends in relation to child deaths and may make recommendations about ways to prevent or reduce deaths.
The Central Review Team notifies the Ombudsman of all reportable deaths by providing a copy of the Child Death Notification and the Child Death Notification – Response.
The Ombudsman reviews investigable child deaths. If the death does not meet the criteria for an investigable death, it can be reviewed at the Ombudsman's discretion.
Non-reportable child deaths
Non-reportable child deaths are those deaths which do not meet the criteria of a reportable death as defined in the Coroner's Act 1996, and are usually 'expected' deaths. For example the deaths of infants born very prematurely or the deaths of terminally ill children.
The Ombudsman gathers information on non-reportable deaths from the Department of Health and the Registry of Births, Deaths and Marriages and provides this information to the Central Review Team on a monthly basis. The Central Review Team undertakes system checks on the child who has passed away and their family members, to determine the nature of Communities' involvement with the family.
Where the child and/or their family were known to Communities, the Central Review Team prepares a Child Death Notification – Response and provides this to the Ombudsman and internal stakeholders as detailed above for reportable deaths.
Children's Court of Western Australia
If there are ongoing civil and/or criminal matters at the Children's Court for the deceased child in the CEO's care then complete the Notification of Death of a Young Person Form (In related resources). The form should be immediately emailed to – childrenscourt@justice.wa.gov.au . This will formally instruct the Children's Court of the death and enable them to manage any ongoing legal proceedings.
You should contact Legal and Business Services if the deceased child was involved in legal matters.
Where a child in the CEO's care dies and has pending or active legal matters, notify Legal and Business Services. Progression of the Child Death Notification will be managed accordingly.