Coroner’s Court

Each State and Territory has its own Act, which governs the powers and duties of the Coroner. Accordingly, the specific duties and responsibilities of the Coroner will vary by jurisdiction. Usually in a Coroner’s Court, a magistrate doubles as the Coroner. The Coroner's role is to find out the cause of certain deaths and how it occurred with the exception of Western Australia and Northern Territory. The Coroner looks into certain deaths to decide what caused the death. Usually the Coroner might look into a death under the following cases:

  • a violent or unnatural death;
  • a sudden death of unknown causes;
  • a suspicious death;
  • from drowning;
  • while under anaesthetic during an operation;
  • without seeing a doctor in the three months before dying;
  • no death certificate has been given by a doctor;
  • in prison or died in a psychiatric hospital.

The Coroner has power to inquire into an unnatural death, a fire or accident that causes injury to a person or property and the circumstances of the disappearance of a person from, or within, the State
 
After making inquiries, the Coroner may decide to hold an inquest into a death to decide:

  • that a person died;
  • the identity of the person who died;
  • when, where and how the death happened;
  • if anyone should be charged with a criminal offence in relation to the death.

The Coroner's court is not bound by the rules of evidence but may inform itself in any way it considers appropriate. The coroner's court may order a person to attend the court to give evidence or to produce something. If the person fails to attend the court may issue a warrant.
After the inquest, the Coroner will give a finding about the case. If the Coroner finds that a person should be charged with a criminal offence, the police and courts deal with the person the same way as with any other criminal case. The Coroner may also give an opinion to help prevent the recurrence of such deaths in future.