Coroner's Court of New South Wales

The State Coroners Court building at night on Parramatta Road in Glebe, New South Wales.

The name of "Coroners Court" is the generic name given to proceedings in which a Coroner holds an inquest or an inquiry in New South Wales. Coroners have jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person. Where a serious criminal offence has been disclosed during the course of an inquest or an inquiry, the Coroner may terminate the proceedings and refer that matter to the Director of Public Prosecutions for consideration of the institution of criminal proceedings.

Coroners may also hold inquiries concerning the cause of any fire in New South Wales.

Generally there are no appeals from the decision of a coroner, although there is provision for the Supreme Court of New South Wales to order a fresh inquest or inquiry or to grant prerogative relief in respect of the proceedings.

History

The office of coroner in New South Wales derives from the legal framework inherited from the United Kingdom.

Arthur Phillip, the first governor of the colony of New South Wales, was authorised by the British monarch to appoint such officials as were necessary for the administration of justice in the colony. This authority came to Phillip through what is commonly called the "second commission". One of the offices that he could appoint was that of coroner.

In the early days of the colony, the role of the coroner was often performed by a justice of the peace. The first inquiry in the nature of a coronial inquest was conducted on 14 December 1788. This was presided over by Augustus Alt, one of the first justices of the peace appointed by Phillip ^[1].

Structure and Jurisdiction

The Governor of New South Wales may appoint a State Coroner for New South Wales. The State Coroner has the function to oversee and co-ordinate coronial services in New South Wales, ensure that all deaths, suspected deaths, fires and explosions concerning which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated, ensuring that an inquest or inquiry is held whenever it is required, and to issue guidelines to coroners to assist them in the exercise or performance of their functions.

The Governor may also appoint Deputy State Coroners. Deputy State Coroners may exercise any of the functions of the State Coroner delegated by the State Coroner to them.

The Governor may also appoint Coroners and Assistant Coroners. Generally, coroners and assistant coroners are drawn from registrars employed in the New South Wales court system so that coronial services are available in regional areas of New South Wales.

All magistrates in New South Wales are ex-officio coroners by virtue of their appointment as magistrates.

State Coroners

• Kevin Waller ??-??
• Derrick Hand
• John Abernethy
• Mary Jerram (current)

References

1. ^ The Magistracy in New South Wales 1788-1850, John Kennedy McLaughlin 1973, http://www.forbessociety.org.au/documents/magistracy.pdf

Sources

• Homepage of the court. http://www.lawlink.nsw.gov.au/coroners
• Coroners Act 1980 (NSW)