Coronial Inquests

RECEIVE AN OBLIGATION-FREE CASE REVIEW
SPEAK TO ONE OF OUR SPECIALIST LAWYERS

The Coronial inquest is not a difficult term, but it is a different type of court which does such activities. The Coroner’s Court is the court which do such type of inquiry that how the death has happened. The Coroner’s Court have special power and they can give judgement and can open any old cases which they fit to deem so. The Coroners Court is present in every state of the Australia. If the death has taken place in the workplace then also Coroner’s Court can determine that what possible action should be taken to avoid it.

 

Coroner’s inquests are determined on any many levels. It cans also take such cases in which the fire has been broken and has cost lot of environmental and economic cost to the state. The Governor of the State determine that who will be appointed as a State Coroner and then that person can decide on the staff and regulations.

 

Laws related to Coronial Inquest –

 

  • Inquests concerning deaths or suspected deaths
  • Read​ ​more

    (1) A coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that:
    (a) the person’s death is (or there is reasonable cause to suspect that the person’s death is) a reportable death, or
    (b) a medical practitioner has not given (or there is reasonable cause to suspect that a medical practitioner has not given) a certificate as to the cause of death.
    (2) The reference to a medical practitioner in subsection (1) (b) includes, if it appears to the coroner that the death or suspected death occurred at a place outside the State, a reference to a person entitled under the law in force in that place to issue a certificate as to the cause of death.

  • Obligation to report death or suspected death
    Read​ ​more

    (1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person:
    (a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 3.2, and
    (b) has not been reported in accordance with subsection (2).
    (2) A person to whom this section applies must report the death or suspected death concerned to a police officer, a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1).
    Maximum penalty (subsection (2)): 10 penalty units.
    (3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made.
    (4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made.
    (5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made.

  • Medical practitioner must not certify cause of death if death is reportable
    Read​ ​more

    (1) A medical practitioner must not give a certificate as to the cause of death of a person for the purposes of notification of the cause of death under the Births, Deaths and Marriages Registration Act 1995 if the medical practitioner is of the opinion that:
    (a) the person’s death is a reportable death, or
    (b) the person died in circumstances that would be examinable under Division 2 of Part 3.2.
    (2) Despite subsection (1), a medical practitioner may give a certificate as to the cause of death of a person if the medical practitioner is of the opinion that the person:
    (a) was aged 72 years old or older, and
    (b) died in circumstances other than in any of the circumstances referred to in paragraphs (b)-(f) of the definition of
    “reportable death” in section 6 (1) or in section 23 or 24 (1), and
    (c) died after sustaining an injury from an accident, being an accident that was attributable to the age of that person, contributed substantially to the death of the person and was not caused by an act or omission by any other person.
    (3) A medical practitioner may not certify the cause of death of a person in accordance with subsection (2) if, before the certificate is given, a relative of the deceased person indicates to the medical practitioner that he or she objects to the giving of the certificate.
    (4) If a medical practitioner certifies the cause of death of a person in accordance with subsection (2), the certificate must state that it is given in pursuance of that subsection.
    (5) A medical practitioner who is prevented from certifying the cause of death of a person because of this section must, as soon as practicable after the death, report that death to a police officer.
    (6) A police officer to whom a death is reported under this section is required to report the death to a coroner or assistant coroner as soon as possible after the report is made.
    (7) An assistant coroner to whom a death is reported under this section is required to report the death to a coroner as soon as possible after the report is made.
    (8) A coroner to whom a death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made.

  • Refusal of witness to be examined
    Read​ ​more

    A person who appears (whether or not on subpoena or warrant) to give evidence or to produce any document or thing in coronial proceedings must not, without lawful excuse:
    (a) refuse to take the oath or affirmation, or
    (b) refuse to be examined on oath or affirmation, or
    (c) having taken the oath or made an affirmation, refuse to answer any question relevant to the subject-matter of the proceedings, or
    (d) refuse or fail to produce the document or thing.
    Maximum penalty: 10 penalty units.
  • Arrest warrants for non-appearance in response to subpoena
    Read​ ​more

    If a person who has been issued with a subpoena to appear in coronial proceedings does not appear at the time and place specified in the subpoena, the coroner before whom the person was required to appear may, on proof of the due service of the subpoena on the person and if no just excuse is offered for the person’s non-appearance, issue a warrant for the arrest of the person.

  • Contempt
    Read​ ​more

    (1) Subject to subsections (2) and (3), the provisions of section 24 of the Local Court Act 2007 are taken to apply to coronial proceedings as if any reference in those provisions to the Local Court or Magistrate were a reference to the coroner or assistant coroner conducting the coronial proceedings.
    (2) An assistant coroner conducting coronial proceedings cannot exercise a power conferred by subsection (1) to deal with a contempt or alleged contempt in the proceedings, but must instead refer the matter to a coroner for determination.
    (3) A coroner to whom a contempt matter in coronial proceedings is referred under subsection (2) may determine the matter as if the contempt or alleged contempt had been committed while the coroner was conducting the proceedings.

  • Disrespectful behaviour in coronial proceedings
    Read​ ​more

    (1) Offence A person is guilty of an offence against this section if:
    (a) the person is appearing in or being represented in coronial proceedings or has been called to give evidence in coronial proceedings, and
    (b) the person intentionally engages in behaviour during those proceedings, and
    (c) that behaviour is disrespectful to the coronial proceedings or the coroner or assistant coroner presiding over the coronial proceedings (according to established practice and convention for coronial proceedings).
    Maximum penalty: 14 days imprisonment or 10 penalty units, or both.
    (2) In this section,
    “behaviour” means any act or failure to act.
    (3) This section does not apply to the following persons:
    (a) an Australian legal practitioner appearing in that capacity,
    (b) a person assisting the coroner, but only when acting in that capacity.
    (4) Proceedings for offences Proceedings against a person for an offence against this section are to be dealt with summarily before:
    (a) if the person is a child–the Children’s Court, or
    (b) if the person is not a child–the Local Court.
    (5) Proceedings for an offence against this section may be brought at any time within 12 months after the date of the alleged offence.
    (6) Proceedings for an offence against this section may be brought only by a person or a member of a class of persons authorised, in writing, by the Secretary of the Department of Justice for that purpose.
    (7) A coroner may refer any disrespectful behaviour in proceedings over which the coroner is presiding to the Attorney General.
    (8) An assistant coroner cannot refer a matter to the Attorney General under this section but may instead refer the matter to a coroner.
    (9) Proceedings for an offence against this section may be commenced only with the authorisation of the Attorney General. Authorisation may be given by the Attorney General whether or not the disrespectful behaviour is referred to the Attorney General by a coroner under this section.
    (10) Evidence An official transcript or official audio or video recording of the coronial proceedings is admissible in evidence in proceedings for an offence against this section and is evidence of the matter included in the transcript or audio or video recording.
    (11) The coroner or assistant coroner presiding over the coronial proceedings in which the alleged disrespectful behaviour occurred cannot be required to give evidence in proceedings before any court for an offence against this section.
    (12) Contempt and double jeopardy This section does not affect any power with respect to contempt or the exercise of any such power.
    (13) A person cannot be prosecuted for an offence against this section and proceeded against for contempt in respect of essentially the same behaviour. However, nothing in this section prevents proceedings for contempt in respect of behaviour that constitutes an offence against this section.

  • Offences by corporations
    Read​ ​more

    (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
    (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
    (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.

Receive An Obligation - Free case review