Coroner's Court of New South Wales
{{Use Australian English|date=May 2018}}
{{Use dmy dates|date=May 2018}}
{{ infobox court
| court_name = Coroner's Court of New South Wales
| image = Coat of Arms of New South Wales.svg
| imagesize = 150px
| caption =
| image2 = Coroner's Court of New South Wales, Glebe, Australia.png
| imagesize2 = 250px
| caption2 = The façade of the former NSW State Coroner's Court in Glebe, NSW
| established = 1988
| jurisdiction = New South Wales
| location = 1A Main Avenue Lidcombe
| coordinates = {{coord|-33.8811282|151.1883183|format=dms|display=inline,title}}
| type = Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
| authority = Parliament of New South Wales via the {{Cite Legislation AU|NSW|act|ca2009120|Coroners Act 2009}}
| appealsto = {{nowrap|Supreme Court of New South Wales}}
| appealsfrom =
| terms = mandatory retirement by age of 72
| website = {{URL|www.coroners.justice.nsw.gov.au|coroners.justice.nsw.gov.au}}
| chiefjudgetitle = New South Wales State Coroner
| chiefjudgename = Magistrate Teresa O'Sullivan
| termstart = 18 December 2018
| termend =
| termend2 =
}}
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.The New South Wales Bar Association. (September 2007.) [http://www.nswbar.asn.au/docs/resources/publications/court_structure3.pdf Court Structure, Judges' Titles, and Order of Seniority] {{webarchive |url=https://web.archive.org/web/20120321124544/http://www.nswbar.asn.au/docs/resources/publications/court_structure3.pdf |date=March 21, 2012 }}. 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; there is, however, 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.{{cite book |author=McLaughlin, John Kennedy |date=1973 |url=http://www.forbessociety.org.au/documents/magistracy.pdf |title=The Magistracy in New South Wales 1788–1850 |access-date=27 March 2007 |archive-url=https://web.archive.org/web/20070720050510/http://www.forbessociety.org.au/documents/magistracy.pdf |archive-date=20 July 2007 |url-status=dead }}
The office of the State Coroner of New South Wales was established in 1988,{{Cite web|url=https://www.legislation.nsw.gov.au/#/view/bill/7db8e164-3307-4016-bab4-d6c18f09c295|title=Coroners (Amendment) Bill 1988|date=1988-07-06|website=New South Wales Government - NSW Legislation|access-date=2019-08-14}} 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.{{cite book |author=Abernethy, John |author-link=John Abernethy (judge) |date=2002 |title=The Statutory Functions of the Coroner |publisher=The New South Wales Bar Association }} 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.{{cite web|url=http://news.smh.com.au/breaking-news-national/asbestos-shuts-westmead-coroners-court-20090227-8k2i.html|title=Asbestos shuts Westmead Coroner's Court|first=Andrea|last=Hayward|date=27 February 2009|work=Sydney Morning Herald }} An investigation was conducted following its closure. In 2008, the adjacent Westmead Morgue was closed, largely due to budgetary and sustainability concerns.{{cite web|url=http://www0.health.nsw.gov.au/resources/news/pdf/westmead_morgue.pdf|title=Re: Glebe and Westmead morgue|first=Andrew|last=McDonald|date=10 December 2008|access-date=17 August 2013|archive-url=https://web.archive.org/web/20140623104349/http://www0.health.nsw.gov.au/resources/news/pdf/westmead_morgue.pdf|archive-date=23 June 2014|url-status=dead}}{{cite web|url=http://www.dailytelegraph.com.au/westmead-morgue-to-shut-lack-of-staff-to-blame/story-e6freuy9-1111116810996|title=Westmead morgue to shut: lack of staff to blame|first1=Kara|last1=Lawrence|first2=Kate|last2=Sikora|work=Daily Telegraph|date=3 July 2008}}
The City (or State) Coroner's Court, Lidcombe is located at the Forensic Medicine and Coroners Court complex at 1A Main Avenue, Lidcombe 2141.{{cite web|url=http://australianmuseum.net.au/Who-works-at-a-morgue|title=Who works at a morgue?|publisher=Australian Museum}}{{cite web|url=http://www.coroners.lawlink.nsw.gov.au/coroners/counselling_services.html|title=Counselling services|publisher=Coroner's Court New South Wales|access-date=17 August 2013|archive-url=https://web.archive.org/web/20130429002037/http://www.coroners.lawlink.nsw.gov.au/coroners/counselling_services.html|archive-date=29 April 2013|url-status=dead}}
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 {{Cite Legislation AU|NSW|act|ca2009120|Coroners Act 2009}}, 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:{{Cite Legislation AU|NSW|act|ca2009120|Coroners Act 2009|10}}
- 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.{{Cite Legislation AU|NSW|act|ca2009120|Coroners Act 2009|78}}
All magistrates in New South Wales are ex officio coroners by virtue of their appointment as magistrates.
List of State Coroners
Prior to the creation of the office of the State Coroner in 1988, coronial inquests were conducted by the Sydney City Coroner for greater metropolitan Sydney, and across New South Wales by magistrates in the Local Court as ex-officio coroners. The original Coroner's Court building was in George Street North, in {{NSWcity|The Rocks}}, Sydney. The Coroner's Court building and morgue moved to the current location at Glebe in the early 1970s.
Notable inquests
- 1963 Bogle–Chandler case
- 1977 murder of Donald Mackay{{Australian Dictionary of Biography |last= Gregory |first= C. A. |year= 2000 |id= A150274b |title= Mackay, Donald Bruce (1933–1977) |accessdate= 19 May 2011}}
- 1979 Sydney Ghost Train fire
- 1985 suspected murder of Christopher Dale FlanneryInquest findings into the disappearance and suspected death of Christopher Dale Flannery, New South Wales Government, 1997
- 1986 murder of Sallie-Anne Huckstepp
- Bowraville murders
- 1994 Disappearance of Revelle Balmain
- Sydney siege inquest following the 2014 Sydney hostage crisis
- 2020 disappearance of Melissa Caddick
- 2020 disappearance of MH370 journalist Ean Higgins
See also
{{stack|{{Portal|New South Wales|Law}}}}
References
{{Reflist}}
External links
- {{Official website|http://www.coroners.justice.nsw.gov.au/coroners/index.html}}
- [http://www.legislation.nsw.gov.au/fullhtml/inforce/act+27+1980+FIRST+0+N/ Coroners Act 2009 (NSW)]