Coroner's Court of the Australian Capital Territory
Encyclopedia
The Coroner's Court of the Australian Capital Territory is a court which has exclusive jurisdiction
over the remains of a person and the power to make findings in respect of the cause of death of a person or fire in Australian Capital Territory
, a territory of Australia
.
.
The first Governor of New South Wales, Arthur Phillip
, was a coroner by virtue of his commission as governor. As the territory was formerly part of New South Wales
, technically, Phillip would have been its first coroner.
, coroners would constitute a court by virtue of their office. In the Australian Capital Territory, this common law position has been abolished and there is now the Coroner’s Court established.
Coroners have the power to investigate the causes of death within their jurisdiction. They also have power to retain a person’s remains, order autopsies, and direct how a person’s remains may be disposed of.
In appropriate cases, coroners have jurisdiction to hold inquests concerning the cause of any fire in the territory.
Where a serious criminal offence has been disclosed during the course of an inquest, the coroner cannot proceed with it if a person is to be charged with that criminal offence. The coroner stops the inquest and refers the papers to the Director of Public Prosecutions
for consideration and investigation. This changes the early colonial practice of coroners directly committing persons suspected of serious crimes directly for trial.
Supreme Court of the Australian Capital Territory
.has a supervisory role over the court, and may review, quash or direct inquests.
In certain situations, the Attorney General may direct the Chief Coroner to conduct cause an inquiry to be held into a disaster in the territory .
All magistrates are coroners by virtue of their office .
The executive of the territory may also appoint deputy coroners.
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over the remains of a person and the power to make findings in respect of the cause of death of a person or fire in Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
, a territory of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
History
The office of coroner in the territory 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. As the territory was formerly part of 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...
, technically, Phillip would have been its first coroner.
Structure and Jurisdiction
At common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, coroners would constitute a court by virtue of their office. In the Australian Capital Territory, this common law position has been abolished and there is now the Coroner’s Court established.
Coroners have the power to investigate the causes of death within their jurisdiction. They also have power to retain a person’s remains, order autopsies, and direct how a person’s remains may be disposed of.
In appropriate cases, coroners have jurisdiction to hold inquests concerning the cause of any fire in the territory.
Where a serious criminal offence has been disclosed during the course of an inquest, the coroner cannot proceed with it if a person is to be charged with that criminal offence. The coroner stops the inquest and refers the papers to the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
for consideration and investigation. This changes the early colonial practice of coroners directly committing persons suspected of serious crimes directly for trial.
Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
.has a supervisory role over the court, and may review, quash or direct inquests.
In certain situations, the Attorney General may direct the Chief Coroner to conduct cause an inquiry to be held into a disaster in the territory .
State Coroner
The Chief Magistrate of the Australian Capital Territory is the Chief Coroner for the territory. The Chief Coroner has the function to oversee and co-ordinate coronial services in the territory, ensure that all deaths and suspected deaths concerning which a coroner has jurisdiction to hold an inquest are properly investigated, and 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.All magistrates are coroners by virtue of their office .
The executive of the territory may also appoint deputy coroners.
Significant cases
- Inquest and inquiry concerning the 2003 Canberra bushfires2003 Canberra bushfiresThe Canberra bushfires of 2003 caused severe damage to the outskirts of Canberra, the Australian capital city. Almost 70% of the Australian Capital Territory’s pasture, forests and nature parks were severely damaged, and most of the renowned Mount Stromlo Observatory was destroyed...
held between 8 and 18 January 2003 http://www.courts.act.gov.au/BushfireInquiry/The%20Canberra%20Firestorm%20Report/The%
Sources
- Homepage of ACT Coroners Court - http://www.courts.act.gov.au/magistrates/index.html
- Coroners Act 1997 (ACT) http://www.austlii.edu.au/au/legis/act/consol_act/ca1997120/