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Media Releases

2 November 2009

New Era for Coronial Investigations

The new Coroners Court of Victoria will sit for the first time today, marking a new era in modern coronial investigations.

Formerly the State Coroner's Officer, the court now has a new identity and greater powers to investigate and reduce preventable deaths.

The changes follow the commencement of the Coroners Act 2008, which came into effect on Sunday 1 November.

As part of the inaugural sitting, State Coroner Judge Jennifer Coate and nine metropolitan coroners will take the Oath of Officer during a ceremony at the County Court.

The new Act establishes the court as Australia's first inquisitorial court with a key focus on reducing preventable deaths.

Key changes in the new Act include:

• The power of the court to make recommendations to any Minister, public statutory body or entity relating to public health and safety and the administration of justice. Previously recommendations could only be made to Ministers.
• Importantly, any Minister, public statutory body or entity either receiving or the of a recommendation must now respond in writing within three months stating what action will be taken (if any) as a result of the recommendations. This has never been required before and is an Australian first.
• All inquest findings, coronial recommendations and responses to recommendations will be published on the internet, unless otherwise ordered by a coroner. This is the first time in Victorian coronial history that a requirement to publish inquest findings has been enshrined in legislation.
• A new power for coroners to compel witnesses to testify without the risk of self incrimination. The court will now be able to issue a certificate excusing evidence heard by the court from being used to incriminate witnesses in other court proceedings.

State Coroner Coate said she was pleased to be ushering in a new age for coronial investigation in Victoria.

'This new legislation will better enable the court to thoroughly examine and investigate the different types of deaths reported to us so we can help prevent similar deaths from occurring.

'Of real significance is the requirement that any body or entity receiving a recommendation must respond to us. This will be a real mechanism for change to public safety and we expect enormous benefits for the Victorian community to follow,' she said.

Judge Coate said publishing inquest findings, recommendations and responses on the internet would make public statutory authorities and entities more aware of their responsibility to respond to coronial findings.

'The new response requirement means the recommendations of a coroner cannot be selectively pursued or ignored. This is an important gain for the public safety and administration of justice for our community.'

She said the publication of inquest findings, recommendations and responses on the internet would also make the coronial process more accessible to families who experience the death of a loved one investigated by the court.

'We have gone to great lengths to ensure our new practices under the Act recognise and have regard for the families and friends of a loved one who has died.

'That includes acknowledging the distress of families and their need for support and a recognition that different cultures have different beliefs and practices surrounding death.'

'I am very proud to be part of this new era in our history and look forward to the future of coronial investigation in this State with great confidence,' State Coroner Judge Coate said.