Procedural Fairness and the Coroner

Area of Science:

• Administrative Law
• Legal Studies

Background:

• The principle of procedural fairness, specifically the right to be heard, extends to coroners' investigations and findings.
• Appellate court decisions in Australia and New Zealand since the 1980s/1990s indicate a need for parties to respond to potential adverse comments or findings by coroners.

Purpose of the Study:

• To scrutinize recent (2016-2018) Victorian appellate court decisions concerning procedural fairness in coroners' investigations.
• To analyze these decisions within the broader context of administrative law development and relevant case law from South Australia and New Zealand.

Main Methods:

• Editorial review and analysis of case law.
• Comparative legal analysis of decisions from Australian and New Zealand appellate courts.
• Examination of the evolution of administrative law principles in the context of coronial inquests.

Main Results:

• Recent case law has introduced conceptual challenges for coroners' courts regarding procedural fairness.
• Uncertainty exists regarding the definition of "adverse" findings and comments, and who is entitled to procedural fairness.
• Logistical difficulties and vagueness in obligations pose challenges to the timely completion of coronial findings.

Conclusions:

• The application of procedural fairness in coronial investigations faces significant conceptual and practical hurdles due to recent judicial interpretations.
• Clearer guidelines are needed to define "adverse" elements, identify eligible parties, and establish practical compliance mechanisms for coroners.
• Failure to address these challenges may impede the efficiency and timeliness of coronial investigations and findings.