What is a coronial inquest?
Published on December 11, 2024 by Rebecca Tidswell
A coronial inquest is a formal, public legal inquiry into a “reportable death,” which may be sudden, unexpected, unexplained, or suspicious. This process helps determine key details about the deceased, including their identity, the date and place of death, and, most importantly, the manner, cause, and circumstances of their passing.
In Australia, each state and territory govern coronial inquests under its own legislation. Despite these variations, coroners generally follow a similar approach in handling inquests. In New South Wales (NSW), the Coroners Court operates under the Coroners Act 2009, providing the framework for conducting investigations and inquests.
Coronial investigation v coronial inquest
When a death is referred to a Coroner, a preliminary investigation is conducted to establish whether an inquest is necessary. Coronial investigations can also examine incidents causing property damage without resulting in death, such as fires or explosions.
If unresolved questions remain after the initial investigation, a coronial inquest may be held. Key issues explored during an inquest include:
- Identity of the deceased
- Date and place of death
- Manner and cause of death
Deciding whether to hold an inquest
The Coroner decides if an inquest should proceed to clarify outstanding issues raised during the investigation. When assessing whether an inquest is warranted, the Coroner reviews:
- Medical history of the deceased
- Circumstances surrounding the death
- Post-mortem and pathology findings
- Reports from experts involved in the investigation
- Statements from witnesses, including family members and friends
The Coroner also considers any requests from the deceased’s family or others who feel an inquest is necessary. Such requests must be submitted in writing and detail the reasons for the inquest.
Inquest procedure
The Coroner directs how the inquest will unfold, often assisted by a legal professional known as “Counsel Assisting.” While the Coroners Court is less formal than other courts, the inquest process may still resemble a typical court hearing to laypersons.
During the inquest, the Coroner gathers evidence from witnesses, document reviews, and questioning of interested parties. Although inquests are generally open to the public, the Coroner can restrict access or limit the publication of evidence when appropriate.
Following the presentation of evidence, interested parties are often required to submit written statements summarising their positions and key issues for the Coroner’s consideration.
How long does an inquest take?
The duration of an inquest varies significantly based on the complexity of the case, the number of witnesses, and the extent of issues involved. Some inquests may last a single day, while others extend over several weeks. A preliminary directions hearing is usually held to address procedural matters and set expectations for the duration of the formal inquest.
Possible outcomes of a coronial inquest
When a death is referred to the Coroner, there are four primary outcomes:
- No inquest – if the identity and death circumstances are clear, the Coroner may conclude the case without an inquest.
- Suspended inquest – if it’s determined someone may have contributed to the death, or if someone is charged with an indictable offence, the inquest may be suspended and referred to the Director of Public Prosecutions (DPP).
- Inquest with findings – the Coroner conducts an inquest and delivers findings that detail the circumstances of the death.
- Inquest with findings and recommendations – beyond findings, the Coroner may issue recommendations for public authorities to help prevent similar incidents in the future.
The Coroner’s findings include a comprehensive decision narrative that many people find useful when seeking answers about the death of a loved one.
How legal specialists can assist in coronial inquests
A lawyer may be required in the context of a coronial inquest to:
- Advise on objections to post-mortems and the retention of organs
- Request a coronial inquest when one has not been initially scheduled
- Prepare critical evidence and submissions for the inquest proceedings
- Provide skilled representation during the inquest
- Review coronial decisions through relevant legal channels.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
