The Coroner's Process
Last updated 30 June 2009
This factsheet is for family and friends of loved ones lost in the February 2009 Victorian bushfires. It explains the Coroner’s process and where you can get more information. Some of this factsheet may be distressing for you to read. See ‘Where to get help’ for details of organisations that can help you.
You can order a hard copy of this factsheet from Victoria Legal Aid.
What is the role of the State Coroner?
The Coroner’s role is to investigate the deaths due to the bush fires. This is a complicated process that can take time.
The Coroner’s Office works with the Victoria Police and the Victorian Institute of Forensic Medicine to help investigate as quickly as possible.
The Coroner has a responsibility to investigate ‘reportable’ deaths. A reportable death is a sudden and unexpected death. The Coroner tries to make a decision about:
- the identity of the deceased
- how death happened
- the cause of death
- the details needed to register the death.
Because many people died in the bushfires, a process called Disaster Victim Identification (DVI) is needed to identify each person.
What is an inquest?
An inquest is a public hearing that is run by a Coroner. An inquest is not like a court trial. It runs in a more informal way than other court hearings. The Coroner does not have to follow normal courtroom rules about evidence and is allowed to explore more issues. The Coroner may hear from anyone who has information about the death.
An inquest is held after a small number of investigations by the Coroner. There is always an inquest, for example, where the person's identity is not known. There may be an inquest in other cases if the Coroner believes it is necessary, such as when the death involves an issue of public importance. If the State Coroner is allowed to conduct an inquest under the law, it is their decision whether this happens. You can, however, make a request that an inquest be held if the Coroner has the power to do so.
Why does the Coroner hold an inquest?
The State Coroner may be holding inquests into the Victorian bushfires. The Coroner is interested in finding out what can be learnt from a death and the issues surrounding the death. For example, the Coroner might make recommendations about public safety. It is not the Coroner's job to see if a crime has been committed or to find a person guilty of that crime.
In the case of the Victorian bushfires, it is Victoria Police’s job to investigate any alleged crimes of arson (lighting fires).
Can I be involved in the inquest process?
The family of the deceased person can appear as a party to the inquest. You can make submissions, cross-examine witnesses and ask the Coroner to explore certain issues. You may be asked to give or get evidence. You can also have your say to the Coroner directly, or by making a statement to the Coroner through the Coroner’s Assistant or your lawyer.
You do not have to use a lawyer at the inquest, but you can be represented by one if you choose to do so.
What is the role of Victoria Police?
The Victoria Police are involved with three things:
- the emergency response
- the DVI process
- the criminal investigation into the fires.
A special police unit called Taskforce Phoenix was set up to investigate the reasons for why the Victorian bushfires happened. As well as the criminal investigation, the police also report to the Coroner’s Office.
The DVI process is separate to the criminal investigation. It is part of the investigation by the police for the Coroner. The Victorian DVI process is the same process that is used around the world and is based on what Interpol (international police) do.
What is the role of the Victorian Institute of Forensic Medicine?
Experts at the Victorian Institute of Forensic Medicine are also involved in the Disaster Victim Identification process. They are trained and experienced in human identification techniques. Forensic medicine includes analysing a deceased person’s DNA, medical features, skeletal and dental remains, and the mortuary examination process.
What is the Disaster Victim Identification (DVI) process?
There is a range of ways a deceased person can be identified. These include where a deceased person is able to be viewed by a close relative or friend, called ‘visual identification’. Identification can also happen using science or by looking at the evidence to do with the deceased and their death (‘circumstantial evidence’). A combination of these may be used.
Circumstantial evidence cannot identify the deceased person on its own. It might include evidence such as where the deceased was found or which items of property were found with the deceased. In some cases strong circumstantial evidence can be used with some scientific evidence to definitely identify a bushfire victim.
Because of the conditions of the bushfire, visual identification may not always be possible. Where there have been many deceased, the DVI process is used to accurately identify victims to the Coroner’s standards.
Usually, the DVI process requires that identifications be carried out by scientific means wherever possible.
This may include:
- dental examination
- medical examination (including examination of medical records)
- DNA examination
- fingerprint examination.
The results of these examinations are compared with information about each person's life. Families are talked with throughout the DVI process. Police investigators speak with families and next of kin to help with in the final identification. This process can take some time. It is very important that identification be accurate and meet both legal and community needs.
How is the Coroner’s work different from the 2009 Victorian Bushfire Royal Commission?
The Coroner’s main roles are to make sure that victims of the bushfires are properly identified and to investigate the cause and circumstances of all bushfire deaths. The Victorian Bushfires Royal Commission’s role is to examine the cause of and response to the bushfires themselves.
The Coroner’s work on identifying victims should not be affected by the Bushfires Royal Commission.
If the Coroner is required to investigate a death from the Victorian bushfires, this investigation may not happen until the Royal Commission has finished.
The Royal Commission will communicate with the Coroner (and other authorities such as Victoria Police), so that the Commission’s activities do not interfere with the Coroner’s, and others work.
For more information, see the Bushfire Legal Help factsheet 2009 Victorian Bushfire Royal Commission.
Will I be able to find out what happened to my family member and how they died?The medical and scientific examinations of people who died in the bushfires will be focused mainly on identifying the person. In some cases, it may be possible to give further information about what has happened. For example, any member of the deceased’s family, their doctor or their lawyer can request a copy of the report of the medical and scientific examinations. These reports use technical language so it may be helpful for a doctor to explain this.
Wherever possible, the Coroner’s Office will try to give the information you have requested in writing. You can request information by writing to:
The Registry
State Coroner’s Office
57-83 Kavanagh Street
Southbank VIC 3006
If you are concerned with the findings or response from the Coroner’s Office, you can put your concerns in writing to the Coroner herself. She can be contacted at:
Judge Jennifer Coate
57-83 Kavanagh Street
Southbank VIC 3006
Where can I get more information?
The Coroner’s Office has set up an information line for families of people who have died in the Victorian bushfires. The number is 1800 283 292. You can also visit the Coroners Court of Victoria website for more information, including the ‘Frequently asked questions’ fact sheets.
Where to get help
Victoria Legal Aid
Tel: 1800 113 432, Monday to Friday, 8.45 am to 5.15 pm, for free bushfire legal information and referrals, www.legalaid.vic.gov.au/
State Coroner’s Office
Tel: 1800 283 292, Monday to Friday, 8.30 am to 5 pm, www.coronerscourt.vic.gov.au
Victorian Bushfires Royal Commission
Tel: 1800 243 650, Monday to Friday, 9 am to 5.30 pm
Email enquiries@royalcommission.vic.gov.au, www.royalcommission.vic.gov.au/
Department of Human Services (DHS)
Tel: 1800 050 400 (Victorian Bushfire Case Management Service), Monday to Friday, 8 am to 5 pm and tel: 1800 240 667 (Victorian Bushfire and Storm Information Line), Monday to Friday, 8 am and 6 pm, www.dhs.vic.gov.au/em/bushfire-recovery
Counselling and support
NURSE-ON-CALL Bushfire Health and Counselling Line: 1300 606 024, seven days, 24 hours a day
Beyond Blue: 1300 224 636, seven days, 24 hours a day, www.beyondblue.org.au
Griefline: 9596 7799, open seven days, 12 pm to 3 am, www.griefline.org.au
Interpreters – Translating and Interpreting Service (TIS)
Tel: 131 450, seven days, 24 hours a day
Hearing impairment – National Relay Service
Tel: 133 677 (TTY service) and 1300 555 727 (Speak and listen), seven days, 24 hours a day
Other resources
Bushfire Legal Help Handbook and Bushfire Legal Help factsheet on the 2009 Victorian Bushfires Royal Commission.