Inquests

Contributed by Maree van der Kwast and current to 1 September 2005

The Coroners Act 1996 (WA) (“the Act”) establishes the Office of the State Coroner and sets out the law in relation to the reporting of, and holding of inquests into, certain deaths.

WHAT IS AN INQUEST?

An inquest is a court hearing presided over by a Coroner in which the circumstances surrounding a death are examined. A Coroner is a judicial officer who must inquire into every death from unknown or apparent non-natural causes. An inquest is usually open to the public.

During an inquest witnesses are called to give evidence and exhibits are produced to enable the Coroner to make a finding in relation to the death.

Under s.25 of the Act, the Coroner presiding over the inquest must find if possible:

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

The Coroner may also make comments on matters connected with the death. In some cases the Coroner may make recommendations which may prevent the recurrence of a similar death.

An inquest does not decide the questions of civil liability and the Coroner is not allowed to suggest that any person is guilty of an offence (s.25(5)).

WHEN IS AN INQUEST HELD?

Only a small number of deaths reported to the Coroner will result in an inquest. After examining evidence such as the statements of witnesses and medical experts, the Coroner may decide that an inquest is not necessary.

However, in certain types of reportable deaths such as deaths in custody, an inquest must be held (s.22). An inquest must also be held where a person is missing and the Coroner has cause to suspect the person may have died (s.23).

An inquest may be held into any suicides and unexpected death which raises important issues that need to be determined in an open court. An inquest cannot, however, proceed where criminal proceedings are on foot in relation to the death (s.52).

Can an individual request an inquest?

Concerned members of the public, including the family of a deceased person, can request an inquest into a death. Requests should be in writing and include an explanation of reasons for the request.

If the Coroner refuses the request:
• reasons in writing must be provided by the Coroner;
• there is a right of appeal to the Supreme Court (s.24(3));
• the appeal must be made within seven days of receiving the Coroner’s reasons.

If an inquest is to be held, the family or other person with an interest may choose to be represented by their own lawyer at their own cost.

WHAT HAPPENS AT AN INQUEST?

An inquest is a formal court hearing, although strict rules of evidence do not apply. Witnesses at an inquest are usually asked questions by counsel or a police officer assisting the Coroner.

People with an interest in the circumstances of a death may, at the Coroner’s discretion, ask questions of a witness or, more commonly, a barrister or solicitor may ask questions on their behalf.

Family members may raise issues with counsel or the police officer assisting the Coroner who can then ask questions relevant to those issues, if appropriate.

Family members may also raise issues in a letter addressed to the Coroner, preferably before the inquest, so the Coroner is aware of their concerns.

POST MORTEM EXAMINATIONS

The Coroner also has power to order the conduct of a post mortem examination on the deceased (s.34). The senior next-of-kin of the deceased has a right to object to the conduct of a such an examination (s.37), including a right of appeal to the Supreme Court, which may order that no post mortem examination be performed if it is satisfied that such order is desirable in the circumstances (s.37(4)).

FURTHER INFORMATION AND SUPPORT FOR FAMILIES

Further information about the inquest process can be obtained from a Coronial Counsellor (whose contact details are at the end of this chapter). The counselling service is provided free of charge by experienced social workers who offer support to family and friends. A Coronial Counsellor may be able to arrange for a volunteer Court Companion who can provide support for the family during the inquest hearing. Court staff are not able to provide legal advice.

OBLIGATION TO REPORT CERTAIN DEATHS

Section 17 of the Act requires that certain deaths be reported to the Coroner or the police immediately after a person becomes aware of the death. This includes a death which:

• appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from injury;
• occurs during or as a result of an anaesthetic;
• occurs in custody; or
• appears to have been caused or contributed to by any action of a member of the Police Force.