AGY-1930 | State Coroner

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The authority to hold coronial inquests and inquiries has been in place in New South Wales since the foundation of the Colony. In his commission of 2 April 1787, Governor Phillip was empowered to "constitute and appoint justices of the peace, coroners, constable and other necessary officers". (1)

Originally coroners were appointed to a particular police district and were not to act except within the boundaries for which they held their appointment. Initially the most important function of a Coroner was to inquire into sudden or unnatural deaths, and to hold inquests on bodies within their districts. (2) Gradually coroners' authority was broadened to the common law right to preserve general order, and they were authorized to hold inquests on bodies of all persons who died in prison and inquests respecting deaths taking place in asylums, hospitals or public institutions. In the event of the destruction of any property, real or personal, by fire, the Coroner had jurisdiction to inquire into the cause of such fire. (3)

Prior to the implementation of the Coroners' (Amendment) Act, 1953 (Act No.15, 1963) the deposition of witnesses appearing before Coroners were required to be transmitted to the Under Secretary, Department of Justice. With the implementation of the 1963 Act the depositions were filed in the nearest Court of Petty Sessions to the place where an inquest or inquiry was held. (4)

Inquests and inquiries are currently held pursuant to the Coroners Act, 1980 (Act No.27, 1980) which was proclaimed on the 27 June 1980. (5) In addition to stipendiary magistrates who may act as Coroners by virtue of their office (6) there are two categories of persons who can be appointed as Coroners by the Governor. These are Clerks of Petty Sessions, and "fit and proper" persons (7) who are generally appointed in remote country districts (8). The Act gave additional powers to Coroners to dispense with inquests and inquiries if they consider the circumstances surrounding the death or fire were sufficiently disclosed to make a formal court hearing unnecessary. (9)

Where an inquest or inquiry has been held, the Coroner records his findings or the jury's verdict, giving the identity of the deceased, the date and place of death (or fire), and except in instances where a prima facie case has been established or it has been found the person hasn't died, the manner and cause of death. (10) Where a coroner terminates an inquest or inquiry after coming to the opinion that a prima facie case for an indictable offence has been established against a known person, the coroner forwards to the Attorney-General the deposition taken at the inquest or inquiry together with a statement signed by the coroner specifying the name of the person and particulars of the offence. (11)

The State Coroners (Amendment) Act, (Act No.27, 1988) which was proclaimed on the 22 August 1988 (12) created the office of State Coroner (13). The State Coroner is appointed by the Governor. Under the provisions of the Act the person appointed must be a magistrate and shall hold the office for a period not exceeding five years. (14) The main functions of the State Coroner are:
(a) to oversee and co-ordinate coronial services in NSW.
(b) to ensure that all deaths, suspected deaths and fires concerning which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated.
(c) to ensure that an inquest or inquiry held whenever it is required by the Act to be held or it is, in the State Coroner's opinion, desirable that it be held.
(d) to issue guidelines to coroners to assist them in the exercise or performance of their function. (15)

Footnotes and References:
1. Historical Records of Australia, series 1, volume 1 p.4.
2. Concise Guide to the New South Wales State archives, p.1.
3. op. cit.
4. Coroners (Amendment) Act, 1963 (Act No.16, 1963), section 2, d (i).
5. New South Wales Government Gazette, 27 June 1980, p.3211.
6. Coroners Act, 1980 (Act No.27, 1980), section 10.
7. Ibid, section 5.
8. Concise Guide, op cit.
9. Coroners Act, 1980, loc. cit, section 4.
10. ibid., section 22.
11. ibid., section 19.
12. New South Wales Government Gazette, 22 August 1988, p.4255.
13. Coroners (Amendment) Act, 1988 (Act No.27, 1988).
14. ibid., section 4a.
15. ibid., section 4d.