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 (or NSW State Coroner), a Deputy State Coroner of New South Wales, or another

coroner A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...

of the state of New South Wales. Coroners must be magistrates in the state and sit in branches of the

Local Court of New South Wales The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New Sou ...

. They hold jurisdiction over the remains of a person and have the power to make findings in respect of the cause of death of a person or the cause of any fire in New South Wales. Generally, there are no

appeal 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 ...

s from the decision(s) of a coroner; there is, however, provision for the Supreme Court of New South Wales to order a fresh inquest or inquiry or to grant

prerogative relief In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...

in respect of the proceedings.

History

The office of coroner in New South Wales derives from the legal framework inherited from the historical origins of the state and, ultimately, the United Kingdom. Admiral

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 ...

, the first governor of the Colony of New South Wales, was authorised by the British monarch to appoint such officials as were necessary for the administration of justice in the colony. This authority came to Phillip through what is commonly called the "second commission". One of the offices that he could appoint was that of coroner. In the early days of the colony, the role of the coroner was often performed by a justice of the peace. The first inquiry in the nature of a coronial inquest was conducted on 14 December 1788 and was presided over by Augustus Alt, one of the first justices of the peace appointed by Phillip. The office of the State Coroner of New South Wales was established in 1988, prior to which the coronial system comprised a City Coroner, a Westmead Coroner (which was preceded by Parramatta, Penrith, and Campbelltown Coroners), and coroners in most New South Wales country towns. After the discovery of

asbestos Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere b ...

in the file storage area of the Westmead Coroner's Court in 2007, the Westmead Coroner's Court was indefinitely closed. An investigation was conducted following its closure. In 2008, the adjacent Westmead Morgue was closed, largely due to budgetary and sustainability concerns. The City (or State) Coroner's Court, Lidcombe is located at the Forensic Medicine and Coroners Court complex at 1A Main Avenue, Lidcombe 2141.

Structure and jurisdiction

The Coroner's Court is in the state stream of the Australian court hierarchy, and its operation is defined by state legislation. Per the , the State Coroner and Deputy State Coroners are appointed to their office by the

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 ...

and must be magistrates in New South Wales. The Governor may also appoint Coroners and Assistant Coroners, generally, from amongst registrars employed in the New South Wales court system so that coronial services are available in regional areas of New South Wales. The State Coroner has the function: *to oversee and coordinate coronial services in the state and to ensure that all deaths, suspected deaths, fires, and explosions over which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated; *to ensure that an inquest or inquiry is held whenever it is required; and, *to issue guidelines to coroners to assist them in the exercise or performance of their functions. Where a serious criminal offence has been disclosed during the course of an inquest or an inquiry, a coroner may terminate the proceedings and must refer that matter to a

Director of Public Prosecutions 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 o ...

( State or

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

) for consideration of the initiation, or institution, of criminal proceedings. All magistrates in New South Wales are ''

ex officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...

'' coroners by virtue of their appointment as magistrates.

List of State Coroners

Prior to the creation of the office of the State Coroner in 1988, coronial inquests were conducted by the Sydney City Coroner for greater metropolitan Sydney, and across New South Wales by magistrates in the Local Court as ex-officio coroners. The original Coroner's Court building was in George Street North, in , Sydney. The Coroner's Court building and morgue moved to the current location at Glebe in the early 1970s.

Notable inquests

*1963 Bogle–Chandler case *1977 murder of Donald Mackay *1985 suspected murder of

Christopher Dale Flannery Christopher Dale Flannery, nicknamed "Mr Rent-a-Kill" (born 1948 – disappeared 9 May 1985) is alleged to have been an Australian contract killer. Background and early career Flannery was born in Brunswick, Victoria. He left school at the age ...

''Inquest findings into the disappearance and suspected death of Christopher Dale Flannery'', New South Wales Government, 1997 *1986 murder of

Sallie-Anne Huckstepp Sallie-Anne Huckstepp (nee Krivoshow, 12 December 1954 – 6 February 1986) was an Australian writer, sex worker and whistleblower, who was the victim of a homicide. She came to attention in 1981 for speaking out about police corruption in ...

* Bowraville murders *1994 Disappearance of Revelle Balmain * Sydney siege inquest following the

2014 Sydney hostage crisis The Lindt Cafe siege was a terrorist attack that occurred on 15–16 December 2014 when a lone gunman, Man Haron Monis, held hostage ten customers and eight employees of a Lindt chocolate café in the APA Building in Martin Place, Sydney, A ...

References

External links