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(03) 62333257 or (03) 62336202 |
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(03) 62302130 or (03) 62336125 |
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(03) 63362808 |
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(03) 63362770 |
The Coroner is required by law to inquire into all reportable deaths where:
The coroner has a legal responsibility to investigate the death. This means that until the body is released for the funeral, the coroner is in charge of the body. As a result the family may feel isolated and the uncertainty can be hard to cope with. However, the coroner’s staff are available to deal with any concerns you have and every effort will be made to keep you informed.
Every case is individual and different. The investigation may take some time and the coroner’s staff will be in touch with you as soon as there is something to report.
Attending police officers/s will provide the coroner’s staff with the name of the ‘senior next-of-kin’. The coroner’s staff are required to deal only with the ‘senior next-of-kin’ in relation to various matters.
In most cases the attending police officer and/or the Mortuary Ambulance Officer will have a relative or friend identify the deceased to them at the place of death.
In some instances it will be necessary for a deceased person to be identified at the Mortuary by a relative or friend who knew the deceased well and can confirm the identity for the Coroner. If you are a close relative and the only person who can do so, you may wish to be accompanied by a friend/counsellor.
Where it is necessary for the deceased to be identified at the Mortuary the officers concerned will endeavor to minimize the unsettling effects as much as possible.
A suitable time and place is set for identification by arrangement or at the request of the Coroners Office. It is helpful if the identifying person attends with details of the deceased noted down, such as, full name and address, date of birth, marital status, number and gender of any children, and parents names.
An autopsy is an examination of a body after death which is conducted to establish the cause of death. In most cases the coroner will require an autopsy unless the ‘senior next-of-kin’ has objected. If an objection is received the coroner will consider the objection and his decision will be discussed with the senior next of kin.
It is normal for the pathologist to retain blood and or tissue for further examination following autopsy. However, in some cases whole organs are retained for further examination to determine or confirm the cause of death. Any concerns you have in this area should be discussed with the coroner’s associate, coroners officer or counsellor.
The senior next-of-kin may object in writing to an autopsy being performed.
The objection must be made as soon as possible after death. If an objection is being considered either the attending police officers or Coroners Office should be advised immediately. Staff will be able to advise you of your rights and obligations in relation to this.
Investigations are conducted in order to determine the circumstances and the cause of death. Generally, investigations are conducted by the police on behalf of the coroner, and will involve obtaining witness statements and other evidence.
The average time for an investigation can be up to 6 months but some matters may take longer to investigate. Delays can be due to: the complexity of the investigation and the number of enquiries to be conducted; availability of witnesses; the need to obtain expert witness reports; or the need to await the outcome of criminal proceedings.
The coroner records the finding at the conclusion of the investigation and/or inquest. A copy of the findings will be forwarded to the senior next-of-kin. If you have any further enquiry contact your nearest Coroners Office.
In the vast majority of cases, the Coroner concludes the investigation with a written Finding prepared 'in chambers' without the need for a formal inquest at which sworn evidence is taken in court from witnesses who can be cross-examined.
However, a formal inquest may be held if the Coroner believes there is a legitimate public purpose in doing so, e.g. to improve public safety in goods, services or occupation.
An inquest (formal hearing) must be held when
At an inquest:
Application for a death certificate may be made at your nearest Service Tasmania Shop or via the Internet. Details of the shop closest to you can be provided by telephoning 1300 135 513 or (03) 6233 3793 (Outside Australia +61 3 6233 3793) 1300 366 773 or www.justice.tas.gov.au/bdm. There will be a fee involved. The Coroners Office may be able to assist if there is a problem obtaining a certificate.
Normally, the investigating police will be responsible for the deceased's possessions. If footwear or clothing are damaged they may be disposed of. A phone call to the Coroners Office or the Police Property Officer will explain what has happened to the clothing and other property. The coroner may require the property to be held by the Coroners Office until the completion of the investigation.
If you consider you need legal advice or legal aid you should consult the telephone directory for assistance, but you may find the following numbers of assistance:
Legal Aid Commission Phone: (03) 6236 3800 or 1300 366 611
Tasmanian Aboriginal Centre Inc Phone: (03) 6234 0700
You may find the following counselling services to be of assistance: