Coroner's Court of New South Wales explained

Court Name:Coroner's Court of New South Wales
Imagesize2:250px
Established:1988
Jurisdiction:New South Wales
Location:1A Main Avenue Lidcombe
Coordinates:-33.8811°N 151.1883°W
Type:Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authority:Parliament of New South Wales via the
Terms:mandatory retirement by age of 72
Chiefjudgetitle:New South Wales State Coroner
Chiefjudgename:Magistrate Teresa O'Sullivan
Termstart:18 December 2018

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 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.[1] 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 appeals 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 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, 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.[2]

The office of the State Coroner of New South Wales was established in 1988,[3] 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.[4] After the discovery of asbestos in the file storage area of the Westmead Coroner's Court in 2007, the Westmead Coroner's Court was indefinitely closed.[5] An investigation was conducted following its closure. In 2008, the adjacent Westmead Morgue was closed, largely due to budgetary and sustainability concerns.[6] [7]

The City (or State) Coroner's Court, Lidcombe is located at the Forensic Medicine and Coroners Court complex at 1A Main Avenue, Lidcombe 2141.[8] [9]

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 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:

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 (State or Commonwealth) for consideration of the initiation, or institution, of criminal proceedings.

All magistrates in New South Wales are ex officio 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.

Title Name !Term began Term ended Time in office Notes
Coroner for Sydney George Milner Slade 19 October 1821
Charles Thomas Smeathman January 1830 16 January 1835 [10]
3 February 1835 1856 [11] [12]
John Skottowe Parker 28 May 1856 10 July 1866 [13]
Henry Shiell 4 August 1866 30 January 1889 [14] [15]
John Chadwick Woore 31 January 1889 30 November 1903 [16]
A. N. (Arthur Nelson) Barnett 23 February 190431 July 1907 [17] [18]
J. L. King 1 August 1907
Stephen Murphy 1 January 1909 [19]
Henry Storry Hawkins 20 November 1911 31 October 1919 [20] [21]
John Jamieson 1 November 1919 17 June 1925 [22]
Harry Ferdinand William Fletcher 18 June 1925 6 May 1928 [23]
Edwin Alfred May 7 May 1928 7 August 1932 [24]
Herbert Howell Farrington 8 August 1932 4 January 1935 [25]
Edward Thomas Oram 7 January 1935 22 August 1943 [26] [27]
John Alexander Harris 23 August 1943 7 January 1945 [28]
Reginald Gordon Cookson 8 January 1945 1 January 1946 [29]
Roy Mitchell Stewart 2 January 1946 1 June 1947 [30]
James Byrne 2 June 1947
State Coroner Kevin Waller 1988 1992 years
Greg Glass 1992 1995 years
Derrick Hand 1995 2000 years [31]
2000 2007 years
2007 2013 years
Michael Barnes 6 January 2014 30 November 2017 [32]
Leslie Mabbutt 1 April 2018 14 December 2018
Teresa O'Sullivan (acting) 15 December 2018 14 July 2019 [33]
15 July 2019 current

Notable inquests

See also

External links

Notes and References

  1. The New South Wales Bar Association. (September 2007.) Court Structure, Judges' Titles, and Order of Seniority .
  2. Book: McLaughlin, John Kennedy . 1973 . The Magistracy in New South Wales 1788–1850 . 27 March 2007 . https://web.archive.org/web/20070720050510/http://www.forbessociety.org.au/documents/magistracy.pdf . 20 July 2007 . dead .
  3. Web site: Coroners (Amendment) Bill 1988. 1988-07-06. New South Wales Government - NSW Legislation. 2019-08-14.
  4. Book: Abernethy, John . John Abernethy (judge) . 2002 . The Statutory Functions of the Coroner . The New South Wales Bar Association .
  5. Web site: Asbestos shuts Westmead Coroner's Court. Andrea. Hayward. 27 February 2009. Sydney Morning Herald .
  6. Web site: Re: Glebe and Westmead morgue. Andrew. McDonald. 10 December 2008. 17 August 2013. https://web.archive.org/web/20140623104349/http://www0.health.nsw.gov.au/resources/news/pdf/westmead_morgue.pdf. 23 June 2014. dead.
  7. Web site: Westmead morgue to shut: lack of staff to blame. Kara. Lawrence. Kate. Sikora. Daily Telegraph. 3 July 2008.
  8. Web site: Who works at a morgue?. Australian Museum.
  9. Web site: Counselling services. Coroner's Court New South Wales. 17 August 2013. https://web.archive.org/web/20130429002037/http://www.coroners.lawlink.nsw.gov.au/coroners/counselling_services.html. 29 April 2013. dead.
  10. News: Coroner's inquest . . 4 January 1830 . 13 June 2019 . 2 . National Library of Australia.
    News: Family Notices . . 17 January 1835 . 13 June 2019 . 2 . National Library of Australia.
  11. 267 . Yes . Mr John Ryan Brenan (1798-1868).
    News: Appointment: Coroner . . 153 . 4 February 1835 . 13 June 2019 . 78 . National Library of Australia.
  12. News: Coroners. 1856-05-30. New South Wales Government Gazette (Sydney, NSW : 1832 - 1900). 2019-08-13. 1545.
  13. News: Family Notices. 1866-07-12. Sydney Morning Herald (NSW : 1842 - 1954). 2019-08-13. 1.
  14. News: Government Gazette. 1866-08-04. Sydney Mail (NSW : 1860 - 1871). 2019-08-13. 2.
  15. News: Government Gazette. 1889-03-02. Sydney Morning Herald (NSW : 1842 - 1954). 2019-08-13. 6.
  16. News: The City Coroner. 1903-11-30. Daily Telegraph (Sydney, NSW : 1883 - 1930). 2019-08-13. 6.
  17. News: Personal. 1904-02-24. Sydney Morning Herald (NSW : 1842 - 1954). 2019-08-13. 10.
  18. News: Personal. 1907-08-02. Sydney Morning Herald (NSW : 1842 - 1954). 2019-08-13. 6.
  19. News: Appointments. 1909-01-20. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 431.
  20. News: Appointments. 1912-03-13. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 1785.
  21. News: Special Gazette Under the "Public Service Act, 1902" Appointments. 1919-10-24. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 5899.
  22. News: Coroner's Farewell. 1925-06-16. Evening News (Sydney, NSW : 1869 - 1931). 2019-08-13. 7.
  23. News: Special Gazette Under the "Public Service Act, 1902". 1928-05-11. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 2117.
  24. News: Special Gazette Under the "Public Service Act, 1902". 1932-07-22. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 2475.
  25. News: City Coroner. 1935-01-05. Sydney Morning Herald (NSW : 1842 - 1954). 2019-08-13. 17.
  26. News: City Coroner Change. 1935-01-02. Labor Daily (Sydney, NSW : 1924 - 1938). 2019-08-13. 6.
  27. News: Special Gazette Under the "Public Service Act, 1902". 1943-06-18. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 1067.
  28. News: Special Gazette Under the "Public Service Act, 1902". 1945-01-26. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-13. 181.
  29. News: Special Gazette Under the "Public Service Act, 1902". 1946-03-08. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-14. 613.
  30. News: Special Gazette Under the "Public Service Act, 1902" Appointments. 1947-05-23. Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001). 2019-08-14. 1251.
  31. News: Hannan, Liz . 27 February 2000 . The case that took a coroner to the edge . .
  32. Web site: Coroners . Coroner's Court . Government of New South Wales . 5 April 2016 . 6 August 2016 .
  33. Web site: Magistrate O’Sullivan to be new State Coroner. Community Relations Division. 2019-07-11. www.justice.nsw.gov.au. en. 2019-08-13.
  34. Inquest findings into the disappearance and suspected death of Christopher Dale Flannery, New South Wales Government, 1997