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Navigating the Coronial Process Fact Sheet

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Navigating the Coronial Process Fact Sheet National Missing Persons Coordination Centre NAVIGATING THE CORONIAL PROCESS FACT SHEET Information for families and friends of missing persons When a person is missing under that the Coroner is of the belief that An inquest is unlike other court cases accidental or suspicious circumstances there is a probability that the person in that it is an inquisitorial process. the case is sometimes referred to the is deceased, and that this probability In other words, it is not a trial, with a Coroner. has been comfortably satisfied through prosecutor and a defendant, but an Police investigation. inquiry that seeks to find out why the For some families this may create more event occurred. This means that the confusion. While the reality of a missing If the police investigation fails, on Coroner will not apportion blame loved one is challenging to live with due the balance of probabilities, to satisfy or assign guilt, instead only seek to to the unresolved nature of the loss, this belief then the matter may be determine the facts to the fullest the presumption of death can be quite referred back to the Police for further extent possible. traumatic. investigation. The National Missing Persons CONDUCTING AN INQUEST Coordination Centre, Australian WHAT IS THE FAMILY’S ROLE IN Federal Police has compiled the THE REFERRAL OF A CASE TO WHEN THE MISSING PERSONS following information to assist families WHEREABOUTS remain in navigating the coronial process in THE CORONER? relation to missing person’s cases. Police may approach the family when UNKnown? they believe there is enough evidence The sense of finality that often WHY AND HOW ARE CASES of a suspected death and therefore accompanies a presumption of death necessity for a referral to the coroner. can be challenging for families to absorb. REFERRED TO THE CORENER? For some families finality can only be However if a family feel that their case attained once the missing person is The purpose of the Coroner’s court is to may be assisted by a Coronial inquest, physically located therefore making it review suspicious and accidental deaths. prior to the Police decision to proceed, difficult for them to completely accept Some states are required to report all then the family can discuss this further the findings of a Coroner. outstanding missing persons cases to with the investigating officer or the the Coroner once they reach a certain Coroner’s Office. The coronial process often creates a date as part of a due diligence process. mixed response – an anticipation of a In all cases the Coroner must believe A missing persons case can be reported resolution through the examination of that, on the balance of probabilities, a to the Coroner at any time if there evidence, coupled with the trepidation person is suspected of being deceased is sufficient evidence to indicate a that a presumption of death will not before an inquest can proceed. suspected death. bring a family any closer to finding Where the case is referred by police, the resolution amongst the ambiguity they matter is referred to the Coroner in the WHAT IS A CORONIAL are experiencing. form of a report which outlines the facts INQUEST? Families may wish to seek the support of in relation to a missing persons case. A coronial inquest is a court hearing led a counsellor or court support worker to The role of the coroner is to review by the coroner. Coronial inquests are assist them in negotiating the coronial the evidence presented, and make generally open to the public. process. a finding. With regards to missing NMPCCFS_ persons cases the outcome is generally C ORO N IAL_2017 IF THE CORONER DECIDES WILL THE COURT COVER WILL I BE ABLE TO OBTAIN THE THAT A MISSING PERSON IS TRAVEL AND ACCOMMODATION FINDINGS OF THE INQUEST IN DECEASED WHAT HAPPENS TO COSTS? WRITING? THE CASE? Only witnesses subpoenaed to attend The next of kin is permitted to obtain Following a presumption of death, the will have costs paid by the Attorney a copy of the findings of the coronial investigation into the missing persons General’s Department within your state. inquest. You may need to make an disappearance will cease. However, if application in writing following the end new evidence becomes available the CAN THE FAMILY ASK of the inquest, clerical support at your Police are obliged to investigate further. State or Territory Coroner’s Office can QUESTIONS OF WITNESSES/ assist. Coronial findings are often also What IS AN open FINDING? INVESTIGATING OFFICERS published online. An open finding relates to there being THROUGHOUT THE INQUEST? IF THE MISSING PERSONS IS a lack of evidence in terms of the place, Yes. Family members can ask questions date and manner of the person’s death. of witnesses in a number of ways. Some PRESUMED TO BE DEceaSED As with the previous question current investigations will cease until further families choose to employ a solicitor FOLLOWING AN INQUEST, CAN I evidence is obtained. to ask questions on their behalf while other families choose to have one OBTAIN A DEATH CERTIFICATE? DO I NEED to SEEK legal family member act as a representative. Yes, the Coroner’s Office will refer the Alternatively, family can ask questions of family to the Department of Births representation IF I witnesses through the Counsel Assisting Deaths and Marriages in their state or attended the inquest? the Coroner, otherwise known as a territory to apply for a death certificate. Coronial Advocate. This is a matter for family members to decide. You may wish to contact FURTHER INFORMATION your solicitor or a Legal Aid office in HOW LONG DOES A INQUEST For further information about the your state to assist you in making that LAST FOR? Coroner’s court in each state contact their office. decision. Inquests can vary from an hour to many weeks depending on the complexity of ACT (02) 6207 1754 WILL I BE required to GIVE the case and the amount of witnesses EVidence? called to give evidence. Generally, you NSW (02) 8584 7777 will be notified of the amount of time NT (08) 8999 7770 The Coroner may ask you to give the inquest is ‘set down’ for. However, QLD (07) 3239 6193 evidence at court as a witness. depending on the complexity of Alternatively, if you have not been evidence, the Coroner may conclude SA (08) 8204 0600 called to give evidence and you believe the inquest early or extend the inquest TAS (03) 6165 7132 that there is sufficient reason for you to accommodate further witnesses or to be called; you may wish to make an evidence. VIC 1300 309 519 application to the court. The Coroner WA 1800 671 994 NMPCCFS_ who has jurisdiction in the matter will then consider your written application. C ORO N IAL_2017.
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