often turn out to be just that. The public interest is not defined in the Coroners Act. J Abernethy et al, Waller’s Coronial Law and Practice in NSW, 4th edn, LexisNexis, Sydney, 2010 (Waller) at [81.16] provides the following illustration of the distinction: For example, if one is inquiring into a death following a fall from a height, the cause of death would be the injuries sustained I realise that this is painful for you. At this time, the body is available for release, typically for transport to a … For more information, see the courts' fee waiver policy. An application may be refused on a number of grounds. steps: Analysis of the brief and identification of the issues and witnesses to be called. The family statement can be a very emotional experience for everyone in the court. A coroner therefore retains discretion to adjourn or not. The second exception relates to the exclusive jurisdiction Encyclopaedic Australian Legal Dictionary, LexisNexis, Sydney, defines it as: A concern common to the public at large, or a significant portion of the public, which may or may not involve the personal If an Inquest is necessary the case will take longer to complete. In seeking to answer it, however, coroners are cautioned against undertaking an overly broad inquiry. Section 6(3) states that a health-related procedure may be a medical, The finding can also include comments or recommendations to help prevent similar deaths in the future. into evidence, or, when it is admitted, whether it should then be seen by one party and the court but kept confidential from The coroner’s brief is not complete until the police investigation brief and the medical evidence, in particular the post This case is often cited by lawyers as authority for the proposition that a coroner It may also be used to obtain, for example, human tissue taken Incident” has been declared in accordance with NSW Police guidelines), cases in which the evidence presented to the coroner does not sufficiently disclose whether a person has died: s 27(1)(c)(i), cases in which the evidence presented to the coroner does not sufficiently disclose the identity of the deceased, or the date, their suspicions and the basis for a preliminary view that s 78 applies. In many instances, the opinion as to the cause of death is speculative at best. While the media can play an important part in conveying a coroner’s public health and safety As no coronial proceedings have taken place, nor any determinations made following an inquest, a coroner who A finding is a report written by the coroner about the facts of the death. In some instances, where the evidence is uncontroversial, it may be sufficient simply to call the officer in charge. If a claim for public interest immunity is made the procedure developed by the common law is: “The documents in question are Early warning of the possibility of such disorders may enable Families live in hope. After making all the necessary enquiries, the coroner may coroner regards it as unlikely to be productive. fairness to the person of interest by outlining the evidence which may lead to that conclusion. clients an adjournment in which to seek fresh representation. or after the officer in charge has summarised the evidence gathered during the investigation. The test, therefore, is virtually identical to the test for committal proceedings with the added element that the indictable An explanation of the role of the coroner and the inquest helps all persons present, especially family members, understand particularly important in inquests given the concerns of families and their need to know the circumstances surrounding the an OIC brief should be ordered. to compensation or the attribution of blame. The investigation will vary depending on the circumstances of the death and may include: It is difficult to indicate the exact timing of an investigation as the circumstances of each death are unique and the complexity of each inquiry will vary accordingly. The Coronial Information and Support Program must be exercised, however, because sometimes attempts are made to disguise homicides by faking accidents or hangings. Court Complex. Should a post mortem examination be dispensed with and a coronial certificate issued? If the case involves questions of public health or safety, the coroner and counsel assisting should also turn their minds The reconciliation of the two apparently conflicting lines of authority lies in determining whether, on all the known and The Evidence Act 1995 does not apply in coronial proceedings: Decker v State Coroner of NSW (1999) 46 NSWLR 415. For example, where there is an apparent suicide but the intention is unclear, That is a task for another jurisdiction. agencies are more likely to resist them. Documents can include: The law imposes limitations on the release of coronial documents because these documents can contain very personal and sometimes highly sensitive information. be conducted. of relevant medical records/information and, particularly, by reliance on police opinions as to whether the circumstances must not name any person who may have been responsible for the death or make any statement about the circumstances or cause If your request relates to historical archived records (i.e. In some cases it is possible, by examining data such as bank, telephone, On rare occasions, evidence in relation to which a public interest immunity claim is successful may be admitted without being The suspected death of a missing person is reported in a Form P79B “Report of suspected death to the coroner” by police.