Coroners Court of Queensland
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The Coroners Court of Queensland is a court which has exclusive jurisdiction over the remains of a person and the power to make findings about the cause of death of a person in Queensland, a state of Australia.
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[edit] History
The office of coroner in Queensland derives from the legal framework inherited from the United Kingdom.
The first Governor of New South Wales, Arthur Phillip, was a coroner by virtue of his commission as governor. As Queensland was formerly part of New South Wales, technically, Phillip would have been its first coroner by virtue of his office and seniority. However, the Lieutenant-Governor of Moreton Bay settlement would have been the first coroner to actually have jurisdiction following a death.
[edit] Structure and Jurisdiction
At common law, coroners would constitute a court by virtue of their office. In Queensland, this common law position has been abolished and there is now the "Coroners Court" established. Coroners have the power to investigate the causes of death within their jurisdiction. They also have power to retain a person’s remain, order autopsies, and direct how a person’s remains may be disposed of.
Queensland coroners used to have jurisdiction to hold inquests concerning the cause of any fire in the state. This was exercisable under the Coroners Act 1958 (QLD). However this jurisdiction was taken away in the Coroners Act 2003 (QLD).
Where a serious criminal offence has been disclosed during the course of an inquest, the coroner cannot proceed with it if a person is to be charged with that criminal offence.
[edit] State Coroner
The Governor of Queensland may appoint a State Coroner for Queensland. The State Coroner has the function to oversee and co-ordinate coronial services in Queensland, ensure that all deaths and suspected deaths concerning which a coroner has jurisdiction to hold an inquest are properly investigated, and ensuring that an inquest 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 a deputy state coroner. The deputy acts in the absence of the state coroner. The role of state coroner and deputy coroner were first introduced in Queensland in 2003.
Only a magistrate can be appointed as the state coroner or the deputy state coroner. The governor can also appoint other qualified persons as a coroner. All magistrates are local coroners by virtue of their office [1].
[edit] State Coroners
The first and current State Coroner is Michael Barnes.
[edit] References
- ^ section 82 Coroners Act 2003
[edit] Sources
- Homepage of Queensland's Coroners Court - http://www.justice.qld.gov.au/courts/coroner/home.htm
- Coroners Act 2003 (Qld) http://www.austlii.edu.au/au/legis/qld/consol_act/ca2003120/
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