Any person (or organisation) who the coroner considers to have a sufficient interest in the investigation can be an ‘interested person’ (s 52). ‘Sufficient interest’ is not defined in the legislation, but may include people who have information which is relevant to the investigation, people whose interests may be affected by the coroner’s findings, and family members of the deceased person.
Close family members of the deceased person may be automatically deemed interested persons by the coroner’s court.
If you are not yet recognised as an interested person, you can apply to the coroner to be recognised.
If the coroner grants the application, or if you are already an interested person, then you have all the rights of an interested person in the investigation.
Any person with a 'sufficient interest' in a death (usually a person who is a family member of the deceased but who is not the senior next of kin) may request that the Coroner hold an inquest into the death.
If you are represented, your legal practitioner can view, or have copies of, any statements or affidavits, they may Contact us for updates on the investigation and they can ask to receive relevant correspondence from the court. They can appear at the inquest (if there is one) or can assist you to appear in person. You can also apply to have another person who is not a legal practitioner speak for you if you prefer. If you appear at an inquest, you have the right to call and examine or cross-examine witnesses, tender evidence and make submissions.
It is important to note that some people will have a ‘sufficient interest’ in a particular aspect of the matter but not in the investigation as a whole. This interest may entitle that person to access a document, or to make a specific application, but it does not make them an ‘interested person’ under section 52 of the Act.