The Territory Coroner’s Functions and the Coroner’s Court by Sonia Brownhill William Forster Chambers © Sept 2011

The office of Coroner A very ancient common law office –To keep the King’s records –To collect and guard the “chance” revenues –To hear the swearing of abjuration –To hold an inquisitio where a person found dead Coroner’s functions were first provided for by statute in 1276 Coroners Act 1993 (NT) –Office of coroner (s4) –Territory Coroner = a magistrate appointed by Administrator –All magistrates hold the office of coroner –Office of deputy coroner (s5)

Coroner’s functions - generally Section 34(1): Coroner’s findings –A coroner investigating a death shall, if possible, find: The identity of the deceased person The time and place of death The cause of death The particulars needed to register the death under the Births, Deaths and Marriages Registration Act Any relevant circumstances concerning the death Section 34(2): Coroner’s comment on public health or safety or the administration of justice Section 35(2): Coroner’s recommendations to Attorney on public health or safety or the administration of justice Section 35(3): Coroner’s report to Commissioner of Police and DPP if believes a crime may have been committed

What deaths are investigated by the Coroner? Any death which is or may be a “reportable death” is to be investigated (s14) Reportable death defined by s12: –death with a Territory nexus –unexpected, unnatural or violent, or resulting from an accident or injury –during or as a result of an anaesthetic –of a person held in care or custody child in CEO’s care under Care and Protection of Children Act patient pursuant to Mental Health and Related Services Act person in custody or control of police officer, prison officer person in, travelling to or escaping from prison or detention centre

How is a reportable death investigated? Reportable deaths must be reported to a coroner: s12(2), (3), (5) Coroner’s constable undertakes investigation on behalf of coroner Coroner’s constable prepares the coroner’s brief Critical part of investigation is the autopsy Investigation may include an inquest

Autopsy Coroner’s discretion in s20(1) to direct that autopsy be performed Almost invariable practice that autopsy directed What occurs in an autopsy? Coroner to notify senior next of kin if directs an autopsy to be performed: s22 Senior next of kin may object to an autopsy, and may apply to Supreme Court for order that no autopsy be performed: s23

Objection to autopsy Wuridjal v NT Coroner (2001) 165 FLR 317 –Riley J held: autopsy should be performed –not a review of coroner’s decision; Court exercises discretion afresh –balancing exercise: family be permitted to follow their culture or religion versus cause of an otherwise unexplained death be ascertained if possible Raymond-Hewitt v NT Coroner (2011) –Kelly J held: no autopsy be performed –Reasons to come, but clear HH’s view was that autopsy would not definitely ascertain the cause of death Marika v NT Coroner (2009) –an unusual way through

Inquest When must an inquest be held? s15(1) –the death is or may be a reportable death and –the deceased was, immediately before the death, a person held in care and custody or –the death was caused or contributed to by injuries sustained while in custody or –the identity of the deceased is not known When may an inquest be held? –s15(1A): if the coroner thinks fit, where: the death is or may be a reportable death and the body of the deceased is in the Territory or the death or the cause of death occurred in the Territory and the coroner suspects unlawful killing –s15(2): as the coroner thinks fit, where: the death is or may be a reportable death

What happens in an inquest? Territory Coroner presides Public process in open court Inquisitorial, not adversarial But familiar to litigation lawyers: –Coroner assisted by counsel assisting Decides what issues are What witnesses to be called Makes opening address and closing submissions –Parties with sufficient interest may appear, be represented, call witnesses, cross-examine witnesses and make submissions (s40(2)) –Findings delivered and written reasons published

Inquest – discretion to hold Coroner’s decision not to hold inquest to be notified to senior next of kin: s16(1) They have 14 days to bring application in Supreme Court for order that inquest be held: s16(2) Supreme Court may, if it thinks fit, order that inquest be held: s16(3) Taing & Nuon v NT Coroner [2011] NTSC 58: –Blokland J held no inquest be held –Whether to order an inquest depends on whether there is available credible and reliable evidence which raises a real possibility of a determined cause of death –There was a comprehensive investigation by Police and an inquest would be futile