The name of "Coroners Court" is the generic name given to

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in which a Coroner holds an

inquest 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 coro ...

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

Jurisdiction

Coroners have

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over the remains of a person and the power to make findings in respect of the cause of death of a person. When 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

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from the decision of a coroner, although there is provision for the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...

to order an inquest or to grant prerogative relief in respect of the proceedings. The State Coroner may also in some circumstances order the re-opening of an inquest.

History

The office of coroner in Victoria derives from the legal framework inherited from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

. 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. The governor's commission entitled him to appoint coroners for the Colony of New South Wales, and this was most likely to have been to justices of the peace. Until the District of Port Phillip became the Colony of Victoria and separated from

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

in 1851, coroners would have been appointed under the authority of the New South Wales law. The first coroner of Melbourne and the county of Bourke was Dr William Byam Wilmot MD. He was appointed by the then Superintendent of Port Phillip, but later Lieutenant-Governor of the Colony of Victoria, Charles La Trobe, in 1841. The second city coroner, appointed in 1857, was Dr Richard Youl MD, while the third city coroner, appointed at the death of Youl in 1897 was Mr Samuel Curtis Candler. The first temporary morgue in Melbourne was erected on the corner of Flinders Street and Swanston Street in 1871, while the first permanent coroner's courthouse was constructed alongside the Yarra River in 1888. The courthouse building was demolished in 1959.

Structure and jurisdiction

The

Governor of Victoria The governor of Victoria is the representative of the monarch, King Charles III, in the Australian state of Victoria. The governor is one of seven viceregal representatives in the country, analogous to the governors of the other states, and the ...

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. Both must be either a

County Court of Victoria The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and civi ...

judge, a magistrate, or a lawyer. The Governor may also appoint Coroners. 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.section 8, Coroners Act 1985

References

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/ {{Government of Victoria Victoria (state) courts and tribunals