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Published in: BMC Public Health 1/2014

Open Access 01-12-2014 | Research article

What happens to coroners’ recommendations for improving public health and safety? Organisational responses under a mandatory response regime in Victoria, Australia

Authors: Georgina Sutherland, Celia Kemp, Lyndal Bugeja, Graham Sewell, Jane Pirkis, David M Studdert

Published in: BMC Public Health | Issue 1/2014

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Abstract

Background

Several countries of the British Commonwealth, including Australia and the United Kingdom, vest in coroners the power to issue recommendations for protecting public health and safety. Little is known about whether and how organisations that receive recommendations act on them. Concerns that recommendations are frequently ignored prompted the government of Victoria, Australia, to introduce a requirement in 2008 compelling organisations that receive recommendations to provide a written statement of action.

Methods

We conducted a prospective study of organisations that received recommendations from Victorian coroners over a 33-month period. Using an online survey, we asked representatives of "recipient organisations" what action (if any) their organisations took, and what factors influenced their decision. We also probed views of the quality of the recommendations and the mandatory response regime in general. Responses were analysed at the recommendation- and recipient organisation-level by calculating counts and proportions and using chi-square analyses to test for sub-group differences.

Results

Ninety of 153 recipient organisations surveyed responded (59% response rate); they received 164 recommendations (mean = 1.9; range, 1–7) from 74 cases. A total of 37% (60/164) of the recommendations were accepted and implemented, 27% (45/164) were rejected, and for 36% (59/164) the recommended action was "supplanted" (i.e., action had already been taken). In nearly half of rejected recommendations (18/45), recipient organisations indicated implementation was not logistically viable. In half of supplanted recommendations, an internal investigation had prompted the action. Three quarters (67/90) of recipient organisations believed the introduction of a mandatory response regime was a good idea, but fewer regarded the recommendations they received as appropriate (52/90) or likely to be effective in preventing death and injury (45/90).

Conclusions

Only a third of coroners’ recommendations were implemented by the organisations to which they were directed. In drawing policy lessons, it is important to separate recommendations that were rejected from those in which action had already been taken. Rejected recommendations raise questions about the quality of the recommendations, the reasonableness of the organisation’s response, or both. Supplanted recommendations focus attention on the adequacy of consultation between coroners and affected organisations and the length of time it takes for recommendations to be issued.
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Literature
1.
go back to reference Freckelton I: Reforming coronership: international perspectives and contemporary developments. J Law Med. 2008, 16 (3): 379-392.PubMed Freckelton I: Reforming coronership: international perspectives and contemporary developments. J Law Med. 2008, 16 (3): 379-392.PubMed
2.
go back to reference Pitman A: Reform of the coroners’ service in England and Wales: policy-making and politics. Psychiatr. 2012, 36: 1-5. 10.1192/pb.bp.111.036335.CrossRef Pitman A: Reform of the coroners’ service in England and Wales: policy-making and politics. Psychiatr. 2012, 36: 1-5. 10.1192/pb.bp.111.036335.CrossRef
3.
go back to reference Law Reform Commission of Western Australia: Review of Coronial Practice in Western Australia: Discussion Paper. 2011, Western Australia: Quality Press Law Reform Commission of Western Australia: Review of Coronial Practice in Western Australia: Discussion Paper. 2011, Western Australia: Quality Press
4.
go back to reference Committee VLR: Review of the Coroner’s Act 1985. 2006, Victorian Government Printer: Melbourne Committee VLR: Review of the Coroner’s Act 1985. 2006, Victorian Government Printer: Melbourne
5.
go back to reference Brazil R: The coroner’s recommendation: fulfilling its potential? A perspective from the aboriginal legal service (NSW/ACT). AILR. 2011, 15 (1): 94-100. Brazil R: The coroner’s recommendation: fulfilling its potential? A perspective from the aboriginal legal service (NSW/ACT). AILR. 2011, 15 (1): 94-100.
6.
go back to reference Bugeja L, Ranson D: Coroners’ recommendations: do they lead to positive public health outcomes?. J Law Med. 2003, 10 (4): 399-400.PubMed Bugeja L, Ranson D: Coroners’ recommendations: do they lead to positive public health outcomes?. J Law Med. 2003, 10 (4): 399-400.PubMed
7.
go back to reference Halstead B: Coroners’ Recommendations and the Prevention of Deaths in Custody: A Victorian Case Study. Deaths in custody, Australia. 1995, Canberra: Australian Institute of Criminology Halstead B: Coroners’ Recommendations and the Prevention of Deaths in Custody: A Victorian Case Study. Deaths in custody, Australia. 1995, Canberra: Australian Institute of Criminology
8.
go back to reference Malbon J: Institutional responses to coronial recommendations. J Law Med. 1998, 6: 35-49. Malbon J: Institutional responses to coronial recommendations. J Law Med. 1998, 6: 35-49.
9.
go back to reference Bugeja L, Ibrahim J, Ozanne-Smith J, Brodie L, McClure R: Application of a public health framework to examine the characteristics of coroners recommendations for injury prevention. Inj Prev. 2012, 18 (5): 326-333. 10.1136/injuryprev-2011-040146.CrossRefPubMed Bugeja L, Ibrahim J, Ozanne-Smith J, Brodie L, McClure R: Application of a public health framework to examine the characteristics of coroners recommendations for injury prevention. Inj Prev. 2012, 18 (5): 326-333. 10.1136/injuryprev-2011-040146.CrossRefPubMed
10.
go back to reference Bevan D: The Coronial Recommendations Project: An Investigation into the Administrative Practice of Queensland Public Sector Agencies in Assisting Coronial Inquiries and Responding to Coronial Recommendations. 2006, Brisbane: Queensland Ombudsman Bevan D: The Coronial Recommendations Project: An Investigation into the Administrative Practice of Queensland Public Sector Agencies in Assisting Coronial Inquiries and Responding to Coronial Recommendations. 2006, Brisbane: Queensland Ombudsman
11.
go back to reference Commonwealth of Australia: Royal Commission into Aboriginal Deaths in Custody, National Report, Volume 1. 1991b, Canberra: Australian Government Publishing Service Commonwealth of Australia: Royal Commission into Aboriginal Deaths in Custody, National Report, Volume 1. 1991b, Canberra: Australian Government Publishing Service
12.
go back to reference Coles D, Shaw H: Learning from Death in Custody Inquests: A New Framework for Action and Accountability. 2012, London: INQUEST Charitable Trust Coles D, Shaw H: Learning from Death in Custody Inquests: A New Framework for Action and Accountability. 2012, London: INQUEST Charitable Trust
14.
go back to reference The Coroners (amendment) Rules 2008. 2008, England and Wales The Coroners (amendment) Rules 2008. 2008, England and Wales
15.
go back to reference Studdert M, Cordner S: Impact and coronial investigations on manner and cause of death determinations in Australia, 2000–2007. MJA. 2010, 192 (8): 444-447.PubMed Studdert M, Cordner S: Impact and coronial investigations on manner and cause of death determinations in Australia, 2000–2007. MJA. 2010, 192 (8): 444-447.PubMed
16.
go back to reference The Coroners Act 2008 (Vic), section 72(3)-(5). 2008, (Vic), section 72(3)-(5) The Coroners Act 2008 (Vic), section 72(3)-(5). 2008, (Vic), section 72(3)-(5)
17.
go back to reference Watterson R, Brown P, McKenzie J: Coronial recommendations and the prevention of indigenous death. Aust Indig Law Rev. 2008, 12 (Special ed. 2): 4-26. Watterson R, Brown P, McKenzie J: Coronial recommendations and the prevention of indigenous death. Aust Indig Law Rev. 2008, 12 (Special ed. 2): 4-26.
18.
go back to reference Zavyalova A, Pfarrer M, Reger R, Shapiro D: Managing the message: the effects if firm actions and industry spillovers on media coverage following wrongdoing. Acad Manage J. 2012, 55 (5): 1079-1101. 10.5465/amj.2010.0608.CrossRef Zavyalova A, Pfarrer M, Reger R, Shapiro D: Managing the message: the effects if firm actions and industry spillovers on media coverage following wrongdoing. Acad Manage J. 2012, 55 (5): 1079-1101. 10.5465/amj.2010.0608.CrossRef
19.
go back to reference Pettigrew A: Strategy formulation as a political process. ISMO. 1977, 7 (2): 78-97. Pettigrew A: Strategy formulation as a political process. ISMO. 1977, 7 (2): 78-97.
20.
go back to reference Yin B: Case Study Research: Design and Methods. 2013, Thousand Oaks: Sage Publications Yin B: Case Study Research: Design and Methods. 2013, Thousand Oaks: Sage Publications
Metadata
Title
What happens to coroners’ recommendations for improving public health and safety? Organisational responses under a mandatory response regime in Victoria, Australia
Authors
Georgina Sutherland
Celia Kemp
Lyndal Bugeja
Graham Sewell
Jane Pirkis
David M Studdert
Publication date
01-12-2014
Publisher
BioMed Central
Published in
BMC Public Health / Issue 1/2014
Electronic ISSN: 1471-2458
DOI
https://doi.org/10.1186/1471-2458-14-732

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