Inquest into the death of Darren Higgins

Case Number: 2017/270415

Findings Date: 3 March 2023

Magistrate: Erin Kennedy

CORONIAL LAW | cause and manner of death; missing persons; cross border police communication in missing persons; interstate search for missing persons; mental health; mentally ill person; missing persons search across border; involuntary patient; false reported sightings and impact on search; use of ACLO in missing persons; communication with First Nations family and community during a missing persons search; risk assessments of location suitability in the granting of leave for mentally ill persons

Responses

Recommendations

The Commissioner of Police NSW and the Commissioner of Police Victoria

1a. To give consideration to developing a memorandum of understanding between the two Police forces, applying to circumstances where a person goes missing in a border region adjacent to the Murray River in either New South Wales or Victoria AND that person is considered by either a New South Wales or Victorian missing person risk assessment to be a high risk of misadventure or death if not located as soon as possible, addressing:

b. the exchange of information obtained by each Police force in relation to that person; and

c. co-ordination between the two Police forces of search and investigative resources, where feasible.

d. In addressing point (a) above, to consider including as part of that information exchange process, a requirement that an officer of Inspector level or higher in each relevantly adjoining New South Wales and Victorian local regional command have direct oversight of the information exchange; and that the officer in charge of the New South Wales missing person investigation and their Victorian counterpart immediately liaise and continue to directly liaise as part of that information exchange.

e. To consequently update the relevant New South Wales and Victorian Missing Persons Standard Operating Procedures and Polices should any of proposed recommendation 1(a) and/or (b) be implemented.

f. To give consideration to identifying in such Standard Operating Procedures and Policies (as referred to in (c) above) how an Aboriginal Community Liaison Officer may be used to help provide a culturally safe context when dealing with families and relevant extended kin of a missing First Nations person, including when obtaining information to assist in a missing person investigation and when conducting a land or water search.

The Commissioner of Police NSW

2a. To give consideration to arranging and offering currently available New South Wales Police training, in cultural safety and cultural awareness when dealing with First Nations persons, to officers within the New South Wales Missing Persons Unit.

The Chief Psychiatrist Department of Health Victoria

3a. That the medical evidence of Dr Mathew, Dr Eagle and Dr O’Neill together with the Bendigo Health medical records, statements of treating medical practitioners and practitioners be forwarded for consideration as to whether arising from this matter there should be a review of policy, forms or procedures in respect of the grant of extended leave to involuntary patients.