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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
21
Family to be advised as soon as possible of date and time of inquest
That the deceased's family or other nominated person and the Aboriginal Legal Service be advised as soon as possible and, in any event, in adequate time, as to the date and time of the coronial inquest.
Aboriginal Justice Caucus Assessment
Recommendation 21 intended for families and legal services to be promptly advised of the date and time of inquest.
Requirements in the Coroners Act 2008 (Vic) and Practice Direction 6 that families must be kept informed and consulted on hearing dates, align with the intent of Recommendation 21. The Yirramboi Murrup Unit in the Coroners Court supports this by engaging with families, facilitating meetings, and preparing cultural briefs.
Evidence from VALS and community members indicates that delays in setting inquest dates often place significant strain on families. Hearing schedules are frequently constrained by the availability of courtrooms, coroners, legal representatives, and witnesses. As a result, families may face the difficult choice of changing legal teams or waiting extended periods. Hearings may also be held far from where families live, without support for travel or accommodation, creating additional barriers to participation. These challenges are largely attributed to limited resources and court capacity at the Coroners Court of Victoria in Southbank.
The amount of time families must wait for the first directions hearing has significantly reduced since the Coroners Court introduced a practice direction that imposed a time limit for this to occur. Timeframes need to be set for other parts of the coronial process to better support families in inquests.
We have raised it at Aboriginal Justice Forums in the past around the timelines for matters, including when the initial or secondary hearings will be. It would be a good thing to have time limits for processes. When families get to the coronial inquest, it's often two years or more after their family member passed away, which is a long time. The process needs to be trauma informed. The AJC wants to see the time halved, and for regular updates to the family or next of kin in relation to the process moving forward.
(Chris Harrison, Chairperson, AJC)
This recommendation remains relevant, as its full implementation would significantly benefit families involved in the coronial process.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Timeline for coronial processes
Coroners Court of Victoria to set timeframes for coronial processes in practice directions to provide better support for families and timeliness in the process.
Government funding for families' travel and accommodation expenses
Victorian Government to fund families travel and accommodation expenses to enable attendance at hearings, and inquest. (Currently, the court only covers travel and witness costs.)
Additional resourcing for the Aboriginal Engagement Unit within the Coroners Court
Provide additional resources to the Yirramboi Murrup Unit to better support families in the coronial process.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised the importance of promptly notifying the deceased's family and the Aboriginal Legal Service, about the date and time of the coronial inquest. The Commission highlighted the devastating impacts on families in cases where respectful, timely and considerate communication did not occur. As a result, the report advocated for a more compassionate and diligent approach, including a timelier process to maintain transparency and ensure immediate and comprehensive information reaches all concerned parties.
Actions Taken Since Last Review
The Coroners Act 2008 (Vic) states that as soon as possible after a coroner commences an investigation into a death, the principal registrar must provide prescribed information about the coronial process to the senior next of kin and any other person who has shown an interest in the investigation and is considered to have a sufficient interest in it.
Coroners Court of Victoria
Since its establishment in 2019, the Coroners Koori Engagement Unit (now the Yirramboi Murrup Unit) has assisted Aboriginal families navigating the coronial process by providing culturally responsive support and improving the cultural sensitivity of court proceedings. The Unit consists of Aboriginal people employed by the Coroners Court to provide cultural support and communicate directly with Aboriginal families throughout the coronial process. They facilitate family and community access to hearings, including participation via technological means, and assist with arrangements for families to attend court when needed.
The State Coroner issued a new practice direction in 2020 outlining protocols for the conduct of coronial investigations into Aboriginal deaths in custody. Under this practice direction, the family of the deceased are to be kept informed of the progress of the investigation, including being consulted on proposed hearing and inquest dates.
This practice direction gives Aboriginal people a voice in investigations into deaths in custody and ensures the Court is equipped with the cultural competency to support them.
Impact
Outputs
In 2020, the State Coroner released Practice Direction 6 outlining new protocols for the conduct of coronial investigations into Aboriginal deaths in custody. It details how the Coroners Court of Victoria is to operate in accordance with the requirement under the Coroners Act 2008 (Vic) that ‘family members affected by a death being investigated should, where appropriate, be kept informed of the particulars and progress of the investigation’. Aboriginal staff from the Yirramboi Murrup Unit within the Coroners Court engage with and assist Aboriginal families throughout the coronial investigation and inquest process.
Outcomes
The Coroners Act 2008 (Vic) and Practice Direction 6 require families to be informed and consulted during the coronial process, including on hearing dates. However, in practice, communication and consultation with families can be inconsistent. Some Aboriginal families report differing experiences depending on individual coroners’ approaches. One family member, despite having legal representation, said they received no direct information from the Court. While the Yirramboi Murrup Unit has been a valuable support, limited resources within the Coroners Court—such as staff and courtroom availability—can lead to delays, with some families facing a choice between changing legal teams or waiting longer for inquests.
Community Views
Victorian Aboriginal Legal Service
In their 2021 submission to the Review of Experiences of Bereaved Families Going Through a Coronial Process, VALS acknowledged progress in improving cultural sensitivity and support for Aboriginal families. However, they highlighted ongoing challenges, particularly resource constraints that limit the full implementation of Practice Direction 6 and delivery of consistent, culturally safe support. VALS noted that uneven application of the directive results in varying levels of cultural competence and support across cases, and prolonged delays in coronial investigations add to the distress of grieving families. VALS called for increased funding and resourcing to ensure timely, holistic, and culturally appropriate support for Aboriginal families navigating the coronial system.