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Coronial & Inquests

4. The Investigation Stage

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 13 Jul 2015
    4. The Investigation Stage
  • The coroner must investigate every reportable death.
  • A ‘senior next of kin’ must be identified.
    • This is the person who will make the major decisions regarding the deceased.
    • State and territory legislation have a priority list for can be the senior next of kin.
    • Generally the order of priority is spouse (husband, wife, partner), children (over 18), parents, siblings, the executor of the deceased’s will and then the deceased’s legal representatives.
  • The family will be told if there is going to be a post-mortem (autopsy).
    • The senior next of kin will be given 48 hours to object to the post-mortem.
    • They must contact the police or coroner immediately if they wish to object.
    • Generally an objection can be made on religious, cultural or personal grounds.
    • The coroner will consider the objections and make a decision.
    • The coroner may decide to order the post-mortem even of it has been objected to if they consider it to be in the public interest.
    • The senior next of kin can appeal this decision to a higher court such as the Supreme Court.
  • The coroner will then look at all the relevant material including:
    • the deceased’s medical history;
    • specialist reports;
    • the post-mortem report;
    • witness statements; and
    • statements from the family.
  • The coroner can make findings about the cause and circumstances of the death.
    • These findings will be made public.
    • Some findings may be conclusive and others may be left open.
    • If a finding is left open it means the coroner could not determine certain aspects of the death.
  • The coroner may call an inquest in cases that are complex and require further investigation or information.
    • In some situations the coroner will consult the family of the deceased about whether to hold an inquest.
    • The family of the deceased can also request that the coroner hold an inquest.
    • In certain deaths such as a death that occurred in police custody a coroner must call an inquest to investigate the death.
  • These processes vary in each state and territory. You should speak to a lawyer to find out how the law applies where you live. You can look in our Find a Lawyer directory that profiles lawyers from all over Australia.

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