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The Coroner is a Judicial Officer who must be
advised when a person dies apparently from unnatural causes or where the
cause of death is not known.
ANZSCO ID: 271299
The Coroner's responsibility
Once a report of death is received, usually from the police, doctors or
hospital
authorities, the Coroner has legal control over the body of the
deceased person and must establish:
- The manner in which the death arose;
- The cause of death;
- The particulars needed to register the death;
and
- The identity of the deceased.
In some cases the Coroner may comment and make recommendations about public
health or safety or the administration of justice, to help prevent similar
deaths happening.
There does not have to be anything suspicious about the death for the
Coroner to be involved. Many investigations involve people who have died of
natural causes.
"Much of the operation of
the office of coroner or coroners courts in Australia is centred on injury
and death prevention, with the coroner empowered to make recommendations on
matters of public health and safety and judicial administration.
Such an approach gives the coroner a dynamic
function in contributing to the welfare of the community. As lawyers,
Coroners rely upon a range of specialist investigators to provide
them with the technical expertise and evidence they need to discharge their
responsibilities with regard to the death investigation. These agents of
investigation include police, forensic pathologists, engineers,
psychologists, physicians and surgeons amoungst others.
Today the medical/pathological aspects of death
investigations focused on the pathological examination of the deceased body,
is carried out for the most part by full-time forensic pathologists.
Many people think that the Coroner is largely involved in the investigation
of suspicious deaths that may have a criminal background such as suspected
murders. This is NOT the case. Homicide investigations form a very small
part of the work of Coroners perhaps only around 1% of the deaths they
investigate. The other 99% of cases reported to a Coroner involve
unexplained natural deaths and deaths suspected to be from direct or
indirect trauma.
The importance of a Coroners’ investigation is that it can lead to a greater
understanding of risks and hazards in our community as well as to
improvements in public health and safety. By being empowered to hold a
public court hearing (the Inquest) Coroners have a vehicle for raising in
public the facts about how a person died and can use the inquest to raise
awareness of how that death could or should have
been prevented.
In conjunction with the work of the Coroner, other
statutory agencies including the police, the Chief Medical Officer of Health
and the Victorian Institute of Forensic Medicine form a group of ‘watchdogs’
who maintains a constant surveillance on potentially fatal hazards in our
society and ensures that preventable deaths are recognised and brought to
the attention of the relevant public and government agencies so that the
issues surrounding them can be addressed."
Did You Know?
Richard Fidler interviewed Hugh Dillon on 27 November 2018.
CAMEO
Hugh retired from his roles as a NSW Deputy State Coroner
and magistrate in 2016. He was deeply engaged by his coronial work,
and co-authored several important texts.
He is now an Adjunct Professor at the UNSW Law School, as well as
undertaking a PhD.
Listen to his story
here
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Coroners also investigate the cause and origin of fires and
explosions.
In short, the Coroner’s role is to find out what happened, not to
point the finger or lay blame.
Following an inquest, coroners may make recommendations to
governments and other agencies with a view to improving public
health and safety. The Coroner has no power to enforce compliance
with such recommendations. It is a matter for the relevant
government minister(s) or agencies to determine whether a Coroner’s
recommendations should be adopted.
The Coroner may summon witnesses, and people found lying are guilty
of perjury. Additional powers of the Coroner include the power of
subpoena, the power of arrest, the power to administer oaths, and
the power to sequester juries of six during inquests.
Further powers of the Coroner include:
• authorising a police officer or other person to enter any place
and gather evidence, similar to a search warrant
• the power to retain possession of the body of a person whose death
is reportable to the Coroner. Burial or cremation of such bodies
must be authorised by the Coroner.
• clearing court in certain circumstances and preventing publication
of certain evidence
• authorising or directing post mortem examinations
• authorising the retention of whole organs (if the coroner is
satisfied that the retention is necessary or desirable to assist in
the investigation of the manner or cause of the person’s death)
• directing the exhumation of a body for the purpose of a post
mortem examination.
(Source:
Coroner's Court NSW)
Click here to see the
Death Investigation Process
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