Our firm is currently representing the family of a woman whose death is being investigated by the NSW Coroner.
Going through an inquest is difficult for grieving families. They are pleased to have a thorough process to gain answers to their questions and the reason why their loved one died. Coronial inquiries can provide recommendations for reforms to systems to help ensure issues contributing to deaths.
But an inquest can be distressing as they relive the trauma of losing a loved one. Partly because of a lack of resources in NSW, inquests can be lengthy and there are often delays to commencing and completing them, particularly in regional NSW. This is because local court magistrates carry out inquests as part of their other work. Another client had to wait five years for the inquest into the death of their teenage son to be finalised.
That’s why the NSW Government response to a parliamentary select committee report on Coronial Jurisdiction in NSW is so disappointing. The report was submitted in April 2022, making 35 recommendations to enable a long overdue overhaul of the NSW Coroners Court regarding coronial jurisdiction and its supporting legislation. Read our blog welcoming and summarising the report here.
Our Principal, Catherine Henry, gave evidence to the Inquiry in her role as the spokesperson for the Australian Lawyers Alliance (ALA) on health law matters in NSW. She helped to draft the ALA’s submission to the Inquiry.
The Government supports only nine of 35 recommendations
Of the 35 recommendations, the Government supported only nine. It gave in principle support to six recommendations and noted the other 20.
The Government’s lacklustre response has been criticised by legal and Indigenous groups. The Aboriginal Legal Service is rightly disappointed by the Government’s failure to support the following recommendations.
Recommendation 12: That the NSW Government propose amendments to the Coroners Act 2009 (NSW) to require coroners to examine whether systemic issues played a role leading to any death.
Recommendation 13: That the NSW Government propose amendments to the Coroners Act 2009 (NSW) to improve the accountability of responses to recommendations.
Recommendation 16: That the NSW Government establish and fund a specialist preventive death review unit in the Coroners Court.
Recommendation 26: That the NSW Government appoint significantly more qualified First Nations people to the judiciary, including the appointment of First Nations persons as coroners and introduction of a First Nations Commissioner.
National Justice Project chief executive and principal solicitor George Newhouse said the government was protecting itself from scrutiny. He suggested the NSW Government does not want coroners to expose systemic discrimination [against First Nations people] in policing, prisons and healthcare.
Underfunding to continue
The Government did support Recommendation 3 which called for additional resources to the Coroners Court of NSW. But it did so by pointing out that in the 2021-22 State Government Budget there was funding for eight additional magistrates, including a magistrate assigned exclusively to the coronial jurisdiction.
The NSW Coroners Court and associated services are still chronically underfunded and under resourced. A Productivity Commission report showed that in 2019-20 NSW’s recurrent expenditure on coronial services about half of Queensland’s and a third of Victoria’s expenditure. It is not clear but unlikely that the Government response means that funding in NSW will start to equate with funding by other states.
An outdated hybrid Coroners Court model in NSW to stay
Unlike other states, NSW has a hybrid rather than a standalone Coroners Court model. With a small number of coroners, the balance of inquests, particularly in regional areas, are heard by over-worked local court magistrates. The Coroners Court of Victoria is a standalone and well funded court.
The NSW Government merely “noted” Recommendation 4 that the Coroners Court of NSW be an autonomous and specialist court, similar to the Children’s Court of NSW.
No thorough overhaul of the Coroners Act (2009) NSW
The current Act is outdated and does not reflect or express the objective of preventing future loss of life. The Court is constrained by the legislation and lacks powers, especially in relation to First Nation peoples.
The coronial jurisdiction had not been thoroughly examined since 1975. The statutory review of the existing Coroners Act 2009 (NSW) was due in 2014 and is still not finalised.
As the Aboriginal Legal Service noted when welcoming the Inquiry report – the NSW Coroner’s Court should be about saving lives – not just reviewing deaths.
Yet the Government did not support recommendations to amend the Act to enhance accountability of responses to Coroner recommendations and to require coroners to examine whether systemic issues played a role leading to any death.
How we can help with a coronial inquest
Our expert health and medical lawyers have extensive experience in helping clients with advice and representation regarding coronial inquests. Read our info sheet on what’s involved in an inquest and how to seek one here. Call our team for a no obligation discussion on 1800 874 949.
