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26
Appoint counsel to assist Coroner within 48 hours
That as soon as practicable, and not later than forty-eight hours after receiving advice of a death in custody the State Coroner should appoint a solicitor or barrister to assist the Coroner who will conduct the inquiry into the death.
Aboriginal Justice Caucus Assessment
Recommendation 26 intended for the State Coroner to appoint a solicitor or barrister within 48 hours of being advised of a death in custody to assist the investigating coroner.
The State Coroner issued Practice Direction 6 of 2020 which confirms actions to be taken immediately after the death of an Aboriginal person in custody. This requires the investigating coroner to contact the Principal In-house Solicitors or Senior Legal Counsel within 48 hours of the death to allocate the case for legal support and advice. This process is managed internally within the Coroners Court of Victoria.
There is no data collected to assess compliance with the timeliness of this requirement; however, no issues were raised in this regard by the Victorian Aboriginal Legal Service and others involved in this review.
Recommendation 26 is still relevant, but other recommendations, and resources available within the Coroners Court, have greater potential to impact the quality and timeliness of coronial investigations.
I see its relevance. Does the Coroners Court have enough solicitors and funding? Can the Court handle the number of notifications coming through when notified that there has been a death? Coroners and court staff appear to be under the pump.
(Bobby Nicholls, Chairperson, Hume RAJAC).
Priority for Further Work:
Low
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
That as soon as practicable, and not later than forty-eight hours after receiving advice of a death in custody the State Coroner should appoint a solicitor or barrister to assist the Coroner who will conduct the inquiry into the death.
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) advocated for measures to ensure that investigations into deaths in custody are conducted competently and adhere to proper procedures from the outset. The Commission identified widespread investigative failures, such as inadequate evidence collection, failure to interview key witnesses, premature conclusions about causes of death, and failures to consider alternative explanations. The early involvement of legal professionals to assist coroners could improve the oversight and direction of police investigations, promote accountability and improve the quality of the investigation.
Actions Taken Since Last Review
Coroners Act 2008 (Vic)
The Coroners Court operates according to the Coroners Act 2008 (Vic). Section 60 of the Coroners Act 2008 (Vic) specifies the individuals authorised to assist a coroner. Section 107 allows for the issuance of practice directions.
Practice Direction 6 of 2020– Indigenous Deaths in Custody
In 2020, the State Coroner issued Practice Direction 6—Indigenous Deaths in Custody (Practice Direction 6) outlining new protocols for the conduct of coronial investigations into Aboriginal deaths in custody. It requires the investigating coroner to contact in-house lawyers within forty-eight hours of a death to coordinate legal support and advice.
Impact
Outputs
Recommendation 26 is reflected in Practice Direction 6 issued by the State Coroner in 2020.
Outcomes
The allocation of deaths in custody cases is managed internally by lawyers within the Coroners Court of Victoria. There is no data collected to assess compliance with the requirement to appoint counsel to assist a coroner within 48 hours, however no issues were raised in this regard by the Victorian Aboriginal Legal Service (VALS) and others involved in this review.
Community Views
Victorian Aboriginal Legal Service
Various teams within VALS were engaged to discuss implementation of RCIADIC recommendations relating to coronial processes. No feedback was received on this recommendation. The implementation of other recommendations was of greater concern in the context of improving coronial investigations.