The Coroner's Court of Western Australia is a court which has

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...

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 Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...

History

The office of coroner in New South Wales derives from the legal framework inherited from the

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. The first

Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, 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 ...

Arthur Phillip Admiral Arthur Phillip (11 October 1738 – 31 August 1814) was a British Royal Navy officer who served as the first governor of the Colony of New South Wales. Phillip was educated at Greenwich Hospital School from June 1751 unti ...

, was a coroner by virtue of his commission as governor. Similarly,

Lieutenant Governors A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

of Western Australia also had similar powers. 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. In the 2000s the processes of the court were reviewed. The first female appointee to the role of State Coroner was Ros Fogliani in 2014. She also oversaw significant cases related to deaths in 2017 relating to

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suicides.

Structure and jurisdiction

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. Unlike coroners in other states, Western Australian coroners do not have jurisdiction to hold inquiries concerning the cause of any fire in the state. Where a serious criminal offence has been disclosed during the course of an inquest or an inquiry, the Coroner may refer that matter to the Western Australian Director of Public Prosecutions for consideration of the institution of criminal proceedings. Generally there are no

appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

from the decision of a coroner, although there may be provision for the

Supreme Court of Western Australia The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of A$750,00 ...

to grant

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in respect of the proceedings.

State Coroner

The Governor of Western Australia on the advice of the Attorney-General of Western Australia may appoint a State Coroner for Western Australia. The State Coroner has the function to oversee and co-ordinate coronial services in Western Australia, 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. The Governor on the recommendation of the Attorney General may also appoint a Deputy State Coroner. Deputy State Coroners may exercise any of the functions of the State Coroner delegated by the State Coroner to them. The Governor may also appoint Coroners and Coroner’s Registrars. All coroners in Western Australia are magistrates by virtue of their appointment as a coroner.

Publications

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Notes

References

Homepage of WA Coroners CourtCoroners Act 1996 (WA)
{{DEFAULTSORT:Coroner's Court Of Western Australia Western Australian courts and tribunals