Premier says new information on Hawke children deaths should be considered

Western Australia's premier says new information on the deaths of three children in the Pilbara released by the Ombudsman could be an opening for a coronial inquest.

Amid growing scrutiny over events leading to the deaths of the Hawke children in 2022, the state ombudsman has released new details of the case. 

The children, aged 10, seven, and four months old, were murdered by their mother Margaret Hawke in South Hedland.

Following the deaths, the children's grandmother Dorothy Papertalk called for an inquest, but this was denied by then Coroner Phil Urquhart in 2025.

Media coverage pushes info to be public

WA Ombudsman Bevan Warner said although information on individual deaths is not usually published, media coverage on the case meant it was "important for public confidence to report on the work undertaken."

Following Mr Warner's statement, Premier Roger Cook said while it was potentially new information, he would not ask the Attorney-General Tony Buti to call for a coronial inquest. 

"I don't know if it was part of the evidence that the coroner considered, but if it wasn't, that again provides the opportunity for further consideration," he said.

"If there is fresh evidence — and that would appear to me that that is the case — well then that is an opportunity for the attorney-general to speak with the coroner."

Extensive evidence was examined during the review, including police body-worn camera video, and more than 1,700 pages of key agency records.

The review looked at police reports from 17 emergency calls and six family violence incidents.

Legal debate over inquest

Mr Buti has repeatedly said he was unable to order an inquest into the killings, even going as far as publishing private legal advice on the matter.

He was challenged in an open letter by former Governor Malcolm McCusker KC and former president of the Children's Court Denis Reynolds.

"That letter says that the attorney-general does have the power to direct the state coroner or coroner, the Act (Coroners 1996) says, to conduct an inquest," Mr Reynolds told 102.5 ABC Perth.

"It's very clear and unambiguous, and not qualified at all."

In answer to the letter, Mr Buti said he accepted the advice provided by the solicitor-general on the matter.

"If new evidence is provided to me about this case that wasn't considered by former Coroner Urquhart, I will be able to consider exercising my power to order an inquest," he said.

WA Liberals leader Basil Zempilas questioned why Mr Cook had not called an inquest in light of the ombudsman's statement.

"I don't think anybody is satisfied with any of the explanations or any of the reasons that the premier or attorney-general have given for why an inquest has not been called," Mr Zempilas said.

"If there is fresh evidence, what are we waiting for? What is the attorney-general doing? Why has an inquest not been called?

"Have the details of the ombudsman's report been considered by the coroner? Why don't we know?"

Commissioner releases terms of review

At the same time as the ombudsman released the information on the Hawke children's case, terms of reference on the review into child protection in the Pilbara have been announced. 

National Commissioner for Aboriginal and Torres Strait Islander Children and Young People Sue-Anne Hunter visited Port Hedland last month after reports of children living unsupervised in squalid conditions earlier this year created a political firestorm.

Ms Hunter said the WA government needed to make improvements that were not band-aid solutions.

"Governments must be held accountable for delivering material improvements in the lives of Aboriginal and Torres Strait Islander children and families, not simply the level of activity they report," she said.

Ms Hunter said the review would examine how agencies responded to children and families, whether they worked together effectively, and what actions would improve those responses.

"The focus is the Pilbara, but the review will address a question that matters nationally: how government agencies turn their separate responsibilities into a coordinated response for children and families," she said.

"Understanding what enables that, and what gets in the way, can inform change elsewhere."

The scope of the review will include children from the Pilbara who have been relocated or placed outside the region, including in out-of-home care, and young people aged 18–24 who have left care.