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30
Lawyer assisting Coroner to review conduct of investigation
That subject to direction, generally or specifically given, by the Coroner, the lawyer assisting the Coroner should have responsibility for reviewing the conduct of the investigation and advising the Coroner as to the progress of the investigation.
Aboriginal Justice Caucus Assessment
Recommendation 30 intended to assist coroners to oversee investigations by enabling the lawyer assisting them to review and advise on the conduct and progress of the investigation, subject to the coroner’s direction.
The Justice Legislation Amendment Act 2023 (Vic) progressed implementation of recommendations 29 and 30 by changing the Coroners Act 2008 (Vic) to enhance the powers of coroners to direct the coronial investigator and the conduct of police investigations into reportable deaths.
The Coroner's Solicitor is responsible for supporting a coroner with their investigation into reportable deaths by providing ‘end to end’ legal case management and assistance. Subject to the direction of a coroner, they work with stakeholders to obtain additional information and provide advice to the coroner to support their oversight of the investigation. The breadth of these functions suggest that the responsibilities of the Coroner’s Solicitor extend to ‘reviewing the conduct of the investigation and advising the coroner as to the progress of the investigation’ as outlined in Recommendation 30.
However, the Coroners Act 2008 (Vic) does not include in its definitions the Coroner’s Solicitor or Counsel Assisting the Coroner. The Coroners Court Bench Book provides greater detail on the latter, but only in terms of their responsibilities during an inquest.
Priority for Further Work:
Moderate
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) | |||||
Potential Actions for Further Work
Clarify the role of the lawyer assisting the coroner in relation to the conduct of investigations
Include further detail in the Coroners Act 2008 (Vic) or associated guidance to clarify the responsibilities of the lawyer assisting the coroner in relation to reviewing the conduct and progress of an investigation, and the relationship between the lawyer and police coronial investigator assisting a coroner.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) suggested that to ensure coronial investigations are thorough and timely, the lawyer assisting a coroner should be responsible for reviewing the conduct and progress of the investigation and advising the coroner of such.
Actions Taken Since Last Review
Coroners Court of Victoria
The Coroners Court is responsible for:
- Independently investigating deaths and fires.
- Reducing preventable deaths.
- Promoting public health and safety and the administration of justice.
The Coroners Court does not employ its own investigators. For reportable deaths requiring a coronial brief, a coroner relies on the Chief Commissioner of Police to appoint an officer as the coronial investigator, who acts under the coroner's direction.
The coroner has oversight of the investigation and can direct it in various ways, including:
- Directing or authorising various medical investigations
- Asking Victoria Police to gather evidence on issues the coroner thinks are important
- Using compulsory processes to obtain material or authorise searches
- Commissioning expert reports and opinions, based on the medical and police evidence
- Commissioning reports and research from within the Coroners Court on similar deaths and to evaluate claims by medical personnel that treatment was in accordance with standard medical practice
- Deciding whether an inquest is necessary.
Within the Coroners Court, the Legal Services team assists coroners with their investigations by analysing evidence, preparing draft findings, preparing matters for inquest, and appearing as Counsel Assisting the Coroner.
The lawyer assisting a coroner, often known as the Coroner's Solicitor, is responsible for supporting a coroner with their investigation into reportable deaths by providing end to end legal case management and assistance.
Core functions of the role are to:
- Undertake legal research and analysis and prepare complex legal reports, briefs, and correspondence.
- Work effectively with stakeholders and agencies to obtain additional information needed to support the coronial investigation.
- Provide high quality advice on sensitive and/or complex legal issues.
During an inquest, Counsel Assisting the Coroner helps uncover facts by presenting material methodically and questioning witnesses on behalf of the coroner. They may guide inquiries, assist witnesses in preparing statements without censoring evidence, produce evidence summaries, outline relevant statutory provisions, and identify relevant authorities.
Impact
Outputs
The position description for the Coroner's Solicitor outlines that they are responsible for supporting a coroner with their investigation into reportable deaths by providing ‘end to end legal case management and assistance’.
Core functions of the role include working effectively with stakeholders and agencies to obtain additional information needed to support the coronial investigation, and providing high quality advice on sensitive and/or complex legal issues.
Outcomes
The Justice Legislation Amendment Act (2023) enacted changes to the Coroners Act 2008 (Vic), that contribute to meeting recommendations 29 and 30 by giving coroners more power to direct the coronial investigator and the police investigation into a reportable death.
The Coroner’s Solicitor provides end to end legal case management and assistance to support a coroner with their investigation. Subject to the direction of a coroner, they work with stakeholders to obtain additional information and provide advice to the coroner to support their oversight of the investigation. The breadth of these functions suggest that the responsibilities of the Coroner’s Solicitor extend to ‘reviewing the conduct of the investigation and advising the coroner as to the progress of the investigation’ as outlined in Recommendation 30.
However, the Coroners Act 2008 (Vic) does not include in its definitions the Coroner’s Solicitor or Counsel Assisting the Coroner. The Coroners Court Bench Book provides greater detail on the latter, but only in terms of their responsibilities during an inquest.