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Coronial Process

The Coroner

The primary role of the Coroners Court of Victoria is to investigate unexpected death and fire.

In Victoria, the State Coroner has the responsibility to ensure that the coronial system is administered and operated efficiently and to oversee and coordinate coronial services.

The Coroners Court of Victoria (with the assistance of the Victoria Police - State Coroner's Investigation Unit) provides some of the legal, administrative and investigatory services necessary to investigate all forms of unnatural death. This may include, in some cases, a court function in the form of a public inquest hearing.

It is the coroner's job to find out:

• the identity of the deceased
• how the death occurred
• the cause of death
• the particulars needed to register the death.

Identification

The deceased will be taken to the Coronial Services Centre if they died in Melbourne or to a regional hospital if they died in the regional or rural Victoria.

The deceased must be formally identified by someone who knew them well such as a relative or friend. The identification process varies for each investigation. Only one person is needed to do the identification but it is a good idea to take someone with you, as identifying someone you know can be upsetting.

An identification form will be completed, giving the name, address, age, and occupation of the deceased, how long you knew them and your relationship to them. Once you have identified the person you will be asked to sign a statement of identification.

Investigations

Every death or fire reported to the Coroners Court of Victoria is distinct and requires an individual approach depending on the particular circumstances surrounding that investigation. This may involve:

• a review of the person's medical history and the circumstances of the death
• an autopsy and pathology tests
• specialist reports from experts and external investigators including the police, doctors, engineers, fire and emergency officers and air safety officers, as well as statements from witnesses
• an inquest — this is a court hearing to test all the evidence relating to the person's death.

Inquests

An inquest is a court hearing into a single death, multiple deaths and or a fire. It is heard by a coroner and is generally open to the public.

An inquest is unlike other court cases. It is an inquisitorial process rather than adversarial. In other words, an inquest is not a trial, with a prosecutor and a defendant, but an inquiry led by a coroner that seeks to find out why the death or fire occurred.

In Melbourne, inquests are held at the Coronial Services Centre. In regional Victoria, inquests are held at the local Magistrates' Court. An inquest is not a trial and it is conducted in a more informal way than some court hearings.

Very few coronial investigations end with an inquest. There is always an inquest if:

• homicide is suspected — the coroner usually waits until the outcome of any criminal proceedings and can decide not to have an inquest if someone has been charged and convicted of a crime in relation to the death
• the person was 'held in care'
• the person's identity is not known.

There may be an inquest in other cases if the coroner believes it is necessary. This will usually be because the facts are unclear or if there is some issue of public importance, for example a matter of public health and safety.

You can find out more about the coronial process and the coroner's court by visiting the Coroners Court of Victoria website.