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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
27
Person appointed to assist a coroner
That the person appointed to assist the coroner in the conduct of the inquiry may be a salaried officer of the Crown Law Office or the equivalent office in each State and Territory, provided that the officer so appointed is independent of relevant custodial authorities and officers. Where, in the opinion of the State Coroner, the complexity of the inquiry or other factors, necessitates the engaging of counsel then the responsible government office should ensure that counsel is so engaged.
Further efforts must be made to ensure that there are more Aboriginal people at the Coroners Court. This should include Aboriginal Coroners, Aboriginal Counsel Assisting the Coroner, and community panels of Aboriginal Elders to support the role of the coroner. This will help to enhance the cultural appropriateness of the court and ensure that Aboriginal cultural considerations are taken into account at all levels of the court.
Aboriginal Justice Caucus Assessment
Recommendation 27 was intended to ensure that any person appointed to assist a coroner is independent of custodial authorities and officers.
Actions taken in Victoria partially align with the intent of this recommendation. The Coroners Act 2008 (Vic) provides for a coroner to be assisted at inquest by a police officer, an Australian lawyer, the Director of Public Prosecutions or another person appointed by the coroner.
The Coroners Court Bench Book stresses that the coroner’s assistant must be ‘impartial and independent’ and behave in a way that ‘does not give rise to an apprehension of bias on behalf of the coroner’. However, the guiding documentation does not contain explicit criteria for assessing these qualities during appointment, leaving it to the discretion of the investigating coroner. For a police contact death, or where police may be otherwise conflicted, Practice Direction 3 of 2021 clearly outlines how the determination will be made of the appropriate source of assistance.
The latter part of Recommendation 27 states that where a coroner deems it necessary to engage counsel ‘then the responsible government office should ensure that counsel is so engaged’. The investigating coroner can seek assistance from the Director of Public Prosecutions or Victorian Government Solicitor’s Office. Where these agencies identify a person to assist the coroner, their independence is likely determined by the assisting agency. We are concerned about the transparency and consistency of this process. Overall, there is little evidence of how assessments of impartiality and/or independence of the coroner’s assistant are made.
Community concerns about ‘police investigating police’ reflect the ongoing relevance of this recommendation. Whoever assists a coroner must be independent of custodial authorities and officers.
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
Transparent process for assessing the independence of coroner’s assistants
Coroners Court to identify how the independence and impartiality of coroner’s assistants is assessed, including any consideration given to an individual’s current or past associations with custodial authorities or officers. Clear, standardized criteria should be developed to ensure consistency, transparency, and alignment with Recommendation 27, particularly in cases where public confidence is at risk.
Employ Aboriginal people in a broader range of court roles
Ensure that there are Aboriginal Coroners and Aboriginal Counsel Assisting the Coroner.
The Coroners Court should consider the use of community panels consisting of Aboriginal Elders, to assist investigating coroners in relation to all investigations/inquests into the passing of an Aboriginal person.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the critical need for impartiality and transparency in coronial inquiries, particularly in cases involving deaths in custody. The Commission responded to concerns about the involvement of custodial authorities and police in these investigations by recommending that independent legal counsel be appointed to assist coroners. This was aimed at ensuring greater objectivity and reducing the influence of potentially biased parties.
At the time of the report, jurisdictions like Victoria and Queensland already allowed for the appointment of independent legal professionals, and this practice was becoming more widespread across Australia. By involving legal professionals unconnected to custodial authorities, the Commission aimed to introduce a safeguard against bias and reinforce public confidence in the investigation process.
Actions Taken Since Last Review
Coroners Court of Victoria
The Coroners Court has a team of lawyers and registrars. At the inquest, the coroner will be assisted by a coroner’s assistant (typically an in-house solicitor), or by a barrister in the role of ‘Counsel Assisting’.
The role of a coroner's assistant is to assist in the discovery of facts by presenting material in an orderly fashion and questioning witnesses in place of the coroner. They may direct inquiries along particular lines and may help witnesses in preparing their statements, though not to the point of censoring the evidence. They may also produce summaries of the evidence and outlines of relevant statutory provisions and may identify relevant authorities.
The coroner’s assistant may be a police officer, an Australian lawyer, the Director of Public Prosecutions or another person appointed by the coroner that is impartial and unbiased.
The coroner’s assistant must behave in a manner that does not give rise to an apprehension of bias on the part of the coroner… The assistant must be impartial and independent and must not struggle unduly for a particular result. While the coroner is not directly responsible for the conduct of the assistant, an apprehension of bias may arise where the coroner appears to condone misconduct by the assistant.
Practice Direction 3 of 2021 – Police Contact Deaths
This Practice Direction notes that in cases involving a police contact death, the investigating coroner will refer the matter to the Court’s In-House Legal Service to assist at all stages of the investigation. The Police Coronial Support Unit (PCSU) does not lead or have any substantive involvement in the investigation of a police contact death.
If there is a real or perceived conflict in the PCSU assisting the investigating coroner—such as concerns about the adequacy of the police coronial investigation—the investigating coroner, in consultation with the Director of Legal Services and the Officer-in-Charge of the PCSU, must determine which unit is most appropriate to take charge.
Assistance may be sought from the Director of Public Prosecutions or elsewhere as outlined in an earlier version of the Coroners Court Bench Book:
In most cases, the coroner’s assistant will be a police officer from the Police Coronial Support Unit, or at regional courts, a local police prosecutor. However, if there is a real possibility that police action connected to a death may be under scrutiny, the coroner may seek assistance from the DPP (usually in the form of a Crown Prosecutor), or from the private bar (with the Victorian Government Solicitors Office, or a private practice instructing).
Impact
Outputs
Relevant legislative provisions, practice directions and other guidance as outlined above.
Outcomes
The Coroners Act 2008 (Vic) allows a coroner to be assisted at an inquest by the Director of Public Prosecutions or another appointed person. Recommendation 27 requires this assistant to be independent of custodial authorities. The Coroners Bench Book further stresses the need for the coroner’s assistant to be independent, impartial and avoid any perception of bias.
These guiding documents do not define how to assess independence, leaving it to the coroner’s discretion. In cases involving police contact deaths or potential conflicts, Practice Direction 3 provides guidance on sourcing assistance.
Recommendation 27 also states that if a coroner deems counsel necessary, the government should ensure one is engaged. As of 2025, Coroners may seek assistance from the Director of Public Prosecutions or the Victorian Government Solicitor’s Office, with those agencies responsible for determining the appointee's independence.
Community Views
Victorian Aboriginal Legal Service
The Coronial Council of Victoria completed a Review into Improving the Experiences of Bereaved Families with the Coronial Process. In their 2021 submission to this review, the Victorian Aboriginal Legal Service (VALS) highlighted aspects of court and coronial processes that ‘remain culturally unsafe for Aboriginal families’. They propose employing Aboriginal people in a broader range of Coroners Court roles including coroner’s assistants to address these issues:
Further efforts must be made to ensure that there are more Aboriginal people at the Coroners Court. This should include Aboriginal Coroners, Aboriginal Counsel Assisting the Coroner, and community panels of Aboriginal Elders to support the role of the coroner. This will help to enhance the cultural appropriateness of the court and ensure that Aboriginal cultural considerations are taken into account at all levels of the court.