Coroner's Court of New South Wales
The Coroner's Court of New South Wales is the court in the Australian state of New South Wales where legal proceedings, in the form of an inquest or inquiry, are held and presided over by the State Coroner of New South Wales (or NSW State Coroner), a Deputy State Coroner of New South Wales, or another coroner of the state of New South Wales.
Coroners must be magistrates in the state and sit in branches of the Local Court of New South Wales.[1] They hold jurisdiction over the remains of a person and have the power to make findings in respect of the cause of death of a person or the cause of any fire in New South Wales.
Generally, there are no appeals from the decision(s) of a coroner; but, 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 historical origins of the state and, ultimately, the United Kingdom. Admiral 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 and was presided over by Augustus Alt, one of the first justices of the peace appointed by Phillip.[2]
The office of the State Coroner of New South Wales was established in 1998, prior to which the coronial system comprised a City Coroner, a Westmead Coroner (which was preceded by Parramatta, Penrith, and Campbelltown Coroners), and coroners in most New South Wales country towns.[3]
The City (or State) Coroner's Court, Glebe is located adjacent to the Department of Forensic Medicine, Glebe.[4][5]
Closure of Westmead Coroner's Court
After the discovery of asbestos in the file storage area of the Westmead Coroner's Court in 2007, the Westmead Coroner's Court was indefinitely closed.[6] An investigation was conducted following its closure.
In 2008, the adjacent Westmead Morgue was closed, largely due to budgetary and sustainability concerns.[7][8]
Structure and jurisdiction
The Coroner's Court is in the state stream of the Australian court hierarchy, and its operation is defined by state legislation. Per the Coroners Act 2009 (NSW), the State Coroner and Deputy State Coroners are appointed to their office by the Governor of New South Wales and must be magistrates in New South Wales. The Governor may also appoint Coroners and Assistant Coroners, generally, from amongst registrars employed in the New South Wales court system so that coronial services are available in regional areas of New South Wales.
The State Coroner has the function:[9]
- to oversee and coordinate coronial services in the state and to ensure that all deaths, suspected deaths, fires, and explosions over which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated;
- to ensure 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.
Where a serious criminal offence has been disclosed during the course of an inquest or an inquiry, a coroner may terminate the proceedings and must refer that matter to a Director of Public Prosecutions (State or Commonwealth) for consideration of the initiation, or institution, of criminal proceedings.[10]
All magistrates in New South Wales are ex officio coroners by virtue of their appointment as magistrates.
List of State Coroners
Prior to 1998, the State Coroner was the City Coroner, and the State Coroner's Court, Glebe was the City Coroner's Court, Glebe.
- Kevin Waller AM (–1995)
- Derrick Hand (1995–2000)[11]
- John Abernethy (2000–2007)
- Mary Jerram (2007–2013)
- Michael Barnes (2014–present)
References
- ↑ The New South Wales Bar Association. (September 2007.) Court Structure, Judges' Titles, and Order of Seniority.
- ↑ John Kennedy McLaughlin. (1973.) The Magistracy in New South Wales 1788–1850.
- ↑ John Abernethy. (2002.) The Statutory Functions of the Coroner, The New South Wales Bar Association.
- ↑ "Who works at a morgue?". Australian Museum.
- ↑ "Counselling services". Coroner's Court New South Wales.
- ↑ Hayward, Andrea (27 February 2009). "Asbestos shuts Westmead Coroner's Court". Sydney Morning Herald. Fairfax Media.
- ↑ McDonald, Andrew (10 December 2008). "Re: Glebe and Westmead morgue".
- ↑ Lawrence, Kara; Sikora, Kate (3 July 2008). "Westmead morgue to shut: lack of staff to blame". Daily Telegraph.
- ↑ Coroners Act 2009 (NSW), s10.
- ↑ Coroners Act 2009 (NSW), s78.
- ↑ Liz Hannan. (February 27, 2000.) "The case that took a coroner to the edge", Sun Herald.
Sources
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