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Appeals

Appealing an autopsy

The senior next of kin has the right to object to an autopsy being performed. If you intend to object to an autopsy for religious, cultural or other reasons, you will need to put your objection in writing addressed to the court, stating your reasons.

The written objection must be made within 48 hours of a coroner ordering that an autopsy be performed. The autopsy will not go ahead during this time.

The coroner will take your concerns into account and our staff will notify you of the coroner's decision.

If, after receiving your objection, the coroner decides an autopsy should still be performed you can apply to the Supreme Court for an order preventing it.

You will need to do this within 48 hours of being notified that your objection has been refused.

Appealing an inquest 

After receiving a request for an inquest, a coroner must advise of their decision in writing.

If the coroner decides not to hold an inquest, the person can appeal to the Supreme Court within three months of this decision.

Findings 

Reviews

Any person may apply to the court for an order that some or all of the findings determined by the coroner be set aside.

The coroner can grant an application if he or she is satisfied that there are new facts and circumstances and may reopen the investigation if it is appropriate to do so.

If the coroner refuses to re-open an investigation, a person has the right to appeal to the Supreme Court within three months.

Appeals

A person with sufficient interest in the investigation has the right to appeal to the Supreme Court against the findings of a coroner within six months of the date of the finding.

You may wish to obtain legal advice before lodging any appeals.