Fact Sheet

WHAT YOU SHOULD KNOW ABOUT CORONIAL MATTERS

What is an inquest?

An inquest is an investigation into the death of a person conducted by a judicial officer called the Coroner. It takes the form of a public hearing conducted by the Coroner, though in some cases the Coroner may make his or her decision based on the documentary evidence alone. If the Coroner decides that an inquest either must or should be held, all persons with an interest in the outcome of the inquest may be legally represented (see also below).

The Coroner’s task is to determine the cause of death and how that death occurred: the “manner and cause of death.”

The Coroner can also make comments and recommendations about matters of public health or safety arising from the death. Any such recommendations are generally referred to the arm of government responsible for these matters, for example for medical issues: the NSW Department of Health, at the conclusion of the inquest.

When is an inquest held?

If a person dies unexpectedly in an accident or following medical treatment the death is reported to the Coroner for investigation. In certain circumstances, an inquest must be held. In the context of medical treatment, an example is a death occurring within 24 hours of the administration of an anaesthetic.

If the Coroner decides to investigate, a police officer will assist the Coroner in collecting information about the death. That police officer takes on the role of Counsel assisting the Coroner if an inquest is held.

Alternatively, the family of a deceased person can request that an inquest be carried out into that person’s death.

It is usual for an autopsy to be performed if an inquest is to be held.

Is it necessary to have legal representation at an inquest?

It is not strictly necessary for family members to have legal representation at an inquest as the Coroner’s assistant can ask questions on their behalf. However, in cases involving the appropriateness of medical treatment, the issues are generally very complex and technical. The other parties at the inquest, and in particular doctors and hospitals, will be legally represented so it will generally be worthwhile (and arguably necessary) for the family to have their own legal representation.

Can the Coroner award compensation?

In brief: no. If the death under investigation has resulted from the negligence of another party, dependant family members may be able to make a claim for compensation for the financial support denied to them by the death of the family member. In some cases financial compensation can be claimed for the emotional injury, or nervous shock, suffered by the survivors. It may also be possible to recover the costs of the funeral and other incurred expenses in relation to the death.

While the Coroner cannot award such compensation, an inquest is sometimes useful in determining whether or not there is sufficient evidence to justify making a compensation claim.

How can we help?

King Street Lawyers can assist you in requesting an inquest, liaising with the office of the Coroner (whether the State Coroner or the various magistrates in regional areas who exercise the role of Coroner), determining the types of questions that should be raised at inquest, arranging expert evidence and arranging an appropriately experienced advocate (or barrister) to represent you at the inquest.

If the evidence indicates that it is possible to make a claim for compensation, we can assist you with such a claim following the inquest, although any compensation claim will not be able to be commenced until the inquest process has been concluded.

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