Coroners Court of Victoria
Encyclopedia
The name of "Coroners Court" is the generic name given to proceedings
in which a Coroner holds an inquest
in Victoria
.
over the remains of a person and the power to make findings in respect of the cause of death of a person. Where a serious criminal offence has been disclosed during the course of an inquest, the Coroner may adjourn the proceedings until the criminal proceedings are concluded.
Coroners may also hold inquests concerning the cause of any fire in Victoria, unlike their English counterparts.
Generally there are no appeals from the decision of a coroner, although there is provision for the Supreme Court of Victoria
to order an inquest or to grant prerogative relief in respect of the proceedings.
The State Coroner may also in some circumstances order re-open an inquest.
.
The first Governor of New South Wales, Arthur Phillip
, was a coroner by virtue of his commission as governor..
The governor's commission also entitled him to appoint others as coroners as required, and this was most likely to have been to justices of the peace. Until Victoria separated from New South Wales
, coroners would have been appointed under the authority of the New South Wales law.
The Governor may also appoint Deputy State Coroners. Deputy State Coroners may exercise any of the functions of the State Coroner delegated by the State Coroner to them. Either person must be either a County Court of Victoria
judge, a magistrate, or a lawyer.
The Governor may also appoint Coroners. Coroners must be lawyers.
The Governor may also appoint a magistrate as a coroner. Unlike in other Australian states, all magistrates in Victoria do not automatically become coroners by virtue of their appointment as a magistrate .
STATE CORONER'S OFFICE
57-83 Kavanagh Street
Southbank 3006
Proceedings
In academia, proceedings are the collection of academic papers that are published in the context of an academic conference. They are usually distributed as printed books either before the conference opens or after the conference has closed. Proceedings contain the contributions made by researchers...
in which a Coroner holds an inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
.
Jurisdiction
Coroners have jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over the remains of a person and the power to make findings in respect of the cause of death of a person. Where a serious criminal offence has been disclosed during the course of an inquest, the Coroner may adjourn the proceedings until the criminal proceedings are concluded.
Coroners may also hold inquests concerning the cause of any fire in Victoria, unlike their English counterparts.
Generally there are no appeals from the decision of a coroner, although there is provision for the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
to order an inquest or to grant prerogative relief in respect of the proceedings.
The State Coroner may also in some circumstances order re-open an inquest.
History
The office of coroner in Victoria derives from the legal framework inherited from the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
The first Governor of New South Wales, Arthur Phillip
Arthur Phillip
Admiral Arthur Phillip RN was a British admiral and colonial administrator. Phillip was appointed Governor of New South Wales, the first European colony on the Australian continent, and was the founder of the settlement which is now the city of Sydney.-Early life and naval career:Arthur Phillip...
, was a coroner by virtue of his commission as governor..
The governor's commission also entitled him to appoint others as coroners as required, and this was most likely to have been to justices of the peace. Until Victoria separated from New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, coroners would have been appointed under the authority of the New South Wales law.
Structure and Jurisdiction
The Governor of Victoria may appoint a State Coroner for Victoria . The State Coroner has the function to oversee and co-ordinate coronial services in Victoria, ensure that all deaths, suspected deaths and fires concerning which a coroner has jurisdiction to hold an inquest are properly investigated, ensuring that an inquest is held whenever it is required, and to issue guidelines to coroners to assist them in the exercise or performance of their functions.The Governor may also appoint Deputy State Coroners. Deputy State Coroners may exercise any of the functions of the State Coroner delegated by the State Coroner to them. Either person must be either a County Court of Victoria
County Court of Victoria
The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia...
judge, a magistrate, or a lawyer.
The Governor may also appoint Coroners. Coroners must be lawyers.
The Governor may also appoint a magistrate as a coroner. Unlike in other Australian states, all magistrates in Victoria do not automatically become coroners by virtue of their appointment as a magistrate .
State Coroners
The State Coroner is and is located at:STATE CORONER'S OFFICE
57-83 Kavanagh Street
Southbank 3006
Sources
- Homepage of the court - http://www.coronerscourt.vic.gov.au
- Coroners Act 1985 (Vic) - http://www.austlii.edu.au/au/legis/vic/consol_act/ca1985120/