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Interstate and Overseas Deaths: Jurisdictional and Decision-Making Challenges for Coroners
1Barrister, Crockett Chambers, Melbourne, Australia; Professorial Fellow in Law and Psychiatry, University of Melbourne; Adjunct Professor of Forensic Medicine, Monash University.
Abstract:
This editorial addresses the jurisdictional challenges for decision-making about which coroners should exercise jurisdiction over a dead body, when more than one has the potential to do so, including when a tragedy has occurred involving deceased persons ordinarily residing in diverse jurisdictions. It considers the criteria that are applied and should be applied by coroners to assumption of jurisdiction in relation to overseas deaths and reflects on considerations relevant to the exercise of such decision-making. It reviews significant cases, including appellate case law, in relation to coroners' investigations of overseas deaths and concludes by reflecting upon the need for consistent legislation throughout Australia and New Zealand on exercise of jurisdiction by coroners. It considers the expedient of a federal coroner for Australia.
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