Coroner's Court of the Australian Capital Territory

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Coroner's Court of the Australian Capital Territory
Coat of Arms of the Australian Capital Territory.svg
Jurisdiction Australian Capital Territory
Location London Circuit at Civic, Canberra
Authorized by Australian Capital Territory Legislative Assembly via the Coroners Act 1997
Appeals to Supreme Court of the Australian Capital Territory
Website www.courts.act.gov.au/magistrates/courts/coroners_court
Chief Coroner
Currently Lorraine Walker
Since13 October 2011 (2011-10-13)

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. [1]

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.

Australian Capital Territory Federal territory of Australia, containing the capital city, Canberra

The Australian Capital Territory, formerly known as the Federal Capital Territory until 1938 and commonly referred to as the ACT, is a federal territory of Australia containing the Australian capital city of Canberra and some surrounding townships. It is located in the south-east of the country and is an enclave within the state of New South Wales. Founded after federation as the seat of government for the new nation, all important institutions of the Australian federal government are centred in the territory.

Contents

History

The office of coroner in the territory derives from the legal framework inherited from the United Kingdom.

United Kingdom Country in Europe

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a sovereign country located off the north­western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north­eastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea separates Great Britain and Ireland. The United Kingdom's 242,500 square kilometres (93,600 sq mi) were home to an estimated 66.0 million inhabitants in 2017.

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.

Governor of New South Wales vice-regal representative of the Australian monarch in New South Wales

The Governor of New South Wales is the viceregal representative of the Australian monarch, Queen Elizabeth II, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the queen on the advice of the premier of New South Wales, for an unfixed period of time—known as serving At Her Majesty's pleasure—though five years is the norm. The current governor is retired judge Margaret Beazley, who succeeded David Hurley on 2 May 2019.

Arthur Phillip 18th and 19th-century British naval officer, Governor of New South Wales

Admiral Arthur Phillip was a Royal Navy officer and the first Governor of New South Wales who founded the British penal colony that later became the city of Sydney, Australia.

New South Wales State of Australia

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2019, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

Jurisdiction

At common law, 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.

Common law Law developed by judges

Common law is the body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

Coroners have the power to investigate the causes of death within their jurisdiction. [1] They also have power to retain a person’s remains, order autopsies, and direct how a person’s remains may be disposed. [1] Coroners also have jurisdiction to hold inquests concerning the cause of any fire in the territory. [1]

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 matter to the Director of Public Prosecutions for consideration and investigation. [1] This changes the early colonial practice of coroners directly committing persons suspected of serious crimes directly for trial.

The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.

Supreme Court of the Australian Capital Territory has a supervisory role over the court, and may review, quash or direct inquests. [1]

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. [1]

Composition

All magistrates are coroners by virtue of their appointment. [1] The Chief Coroner may appoint a special magistrate as a coroner. [1]

The Chief Magistrate of the Australian Capital Territory is the Chief Coroner for the territory. [1] 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.

Membership

Chief Coroner

NameDate appointedTerm in officeNotes
Chief Coroner Lorraine Walker 13 October 20118 years, 5 days [2]

Coroners

NameDate appointedTerm in officeNotes
Coroner Beth Campbell 5 August 199821 years, 74 days [3] [4]
Coroner Peter Morrison14 February 20127 years, 246 days
Coroner Bernadette Boss 11 June 20127 years, 129 days
Coroner Robert Cook11 September 20136 years, 37 days
Coroner Margaret Hunter OAM 21 May 20145 years, 150 days
Coroner Glenn Theakston17 May 20163 years, 154 days
Coroner Louise Taylor 10 September 20181 year, 38 days

Process

Coroners must investigate the manner and cause of death for persons who die or may have died in certain circumstances. [1] This includes people who:

They are required, where possible, to establish: the identity of the deceased; when and where the death happened; the manner and cause of death, and in the case of the suspected death of a person — that the person has died. [1]

The coroner will initially ask police to investigate and provide a report to the coroner. [5]

Coroners can then either decide to waive a hearing where it is not necessary or decide to hold a public hearing. [5]

Significant inquests and/or inquiries

Notable inquests include:

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The 2003 Canberra bushfires caused severe damage to the suburbs and outer areas of Canberra, the capital city of Australia, during 18–22 January 2003. Almost 70% of the Australian Capital Territory's (ACT) pastures, pine plantations, and nature parks were severely damaged, and most of the Mount Stromlo Observatory was destroyed. After burning for a week around the edges of the ACT, the fires entered the suburbs of Canberra on 18 January 2003. Over the next ten hours, four people died, over 490 were injured, and 470 homes were destroyed or severely damaged, requiring a significant relief and reconstruction effort.

Judiciary of Hong Kong

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

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The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.

Zhang Hongjie (1979–2004), also known as Steffi Zhang was a female 25-year-old Chinese University of Canberra communications student found murdered in her flat in Belconnen, Australia, in January 2005.

Coroners Court of New South Wales

The Coroner's Court of New South Wales is the court in the Australian state of New South Wales where legal proceedings, in the form of an inquest or inquiry, are held and presided over by the State Coroner of New South Wales, a Deputy State Coroner of New South Wales, or another coroner of the state of New South Wales.

The Coroner's Court of Western Australia 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 in Western Australia.

The name of "Coroners Court" is the generic name given to proceedings in which a Coroner holds an inquest in Victoria.

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Coroners Court of South Australia South Australian court

The Coroner's Court of South Australia 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 South Australia, a state of Australia.

Coroners Court of Queensland

The Coroners Court of Queensland is a court in the court hierarchy of Queensland, Australia. The Court has exclusive jurisdiction in Queensland over the remains of a person and to make findings about the cause of death of a person.

The title of Coroners Court is the name given to proceedings in which a coroner holds an inquest or an inquiry in the Northern Territory.

The Local Court of the Northern Territory is a court in the Northern Territory which has jurisdiction in civil disputes up to A$250,000, and criminal jurisdiction in the trial of summary offences and deal with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory.

Magistrates Court of the Australian Capital Territory

The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.

An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or unexplained. An inquest may be called at the behest of a coroner, judge, prosecutor, or, in some jurisdictions, upon a formal request from the public. A coroner's jury may be convened to assist in this type of proceeding. Inquest can also mean such a jury and the result of such an investigation. In general usage, inquest is also used to mean any investigation or inquiry.

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Lorraine Anne Walker is the Chief Magistrate of the Australian Capital Territory and an Acting Judge of Supreme Court of the Australian Capital Territory.

Margaret Anne Hunter is a Special Magistrate of the Australian Capital Territory. She was appointed as a special magistrate and coroner on 21 May 2014.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 "Coroners Act 1997" (PDF). ACT Legislation Register. Retrieved 21 March 2019.
  2. "Magistrates Court Appointment 2011". ACT Government Legislation Database. Retrieved 9 March 2019.
  3. "Current ACT Magistrates". ACT Magistrates Court. ACT Government. 31 May 2016. Retrieved 1 August 2016.
  4. "Special Magistrates". ACT Magistrates Court. Retrieved 26 February 2019.
  5. 1 2 "Coroner's Court". ACT Magistrates Court. 28 July 2017. Retrieved 21 March 2019.
  6. http://www.courts.act.gov.au/BushfireInquiry/The%20Canberra%20Firestorm%20Report/The%