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This is a RCIADIC recommendation
9
Coroner to be a magistrate or more senior judicial officer
That a Coroner inquiring into a death in custody be a Stipendiary Magistrate or a more senior judicial officer.
This inquest showed that Veronica was failed at every level of the justice system…To Coroner Simon McGregor, I thank you for listening to my Poccum. I thank you and your team for your bravery.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 9 was to ensure that a coroner inquiring into a death in custody has sufficient judicial authority and legal expertise.
The Aboriginal Justice Caucus (AJC) determined that there had not been action taken that aligned with this recommendation. While the Coroners Act 2008 (Vic) states that the State Coroner must be a judge of the County Court and the Deputy State Coroner must be a magistrate, there are not similar requirements for other individuals appointed to the Coroners Court as coroners or reserve coroners.
An examination of a five-year period of coronial inquests into Aboriginal deaths in custody found that a different coroner had presided over each one. Several of these coroners had not previously been a ‘stipendiary magistrate or a more senior judicial officer’.
The AJC found Recommendation 9 to be less relevant today, as issues identified by the RCIADIC in relation to the delegation of coronial duties to justices of the peace or others who were not full-time coroners have not existed in Victoria since the State Coroner’s Office was established in 1985.
Of the coronial recommendations arising from Aboriginal deaths in custody in Victoria between 1991 and 2023, the majority arose from a single inquest, presided over by a coroner who had not previously been a magistrate. The AJC considered that a coroner’s willingness to listen to Aboriginal families and engage with mob was far more important than whether they had previously been a magistrate or not.
Priority for Further Work:
Low
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) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found inconsistencies and deficiencies in how deaths in custody were investigated over time and across jurisdictions. It was concerned that a lack of seniority or independence among investigating officials enabled custodial agencies to influence outcomes and undermined public trust.
The Commission stressed the need for coroners to hold senior judicial positions, to ensure rigour and consistency in coronial investigations and restore community confidence.
Actions Taken Since Last Review
Coroners Court of Victoria
Coroners are independent judicial officers appointed by the Governor in Council at the recommendation of the Attorney-General. In Victoria, all coroners are either magistrates or directly appointed under the Coroners Act 2008 (Vic). To be directly appointed, a coroner must be an Australian lawyer who has been practising for at least five years.
The Coroners Court is overseen by the State Coroner, who must be a judge of the County Court. The court also has a deputy state coroner, who is a magistrate. The State Coroner and the Chief Magistrate may jointly assign a person who is appointed as a magistrate to be a coroner.
Coroners are also appointed by the Governor in Council on the advice of the Attorney-General. A person is appointed as a coroner for a period of five years and is eligible for reappointment. During a person’s term as a coroner, they have the same security of tenure, salary and entitlements as a magistrate. Coroners also have, in the performance of their duties, the same protection and immunities as a judge of the Supreme Court.
Under the Coroners Act 2008 (Vic) a ‘coroner’ means the State Coroner, Deputy State Coroner, a magistrate or reserve magistrate, a person appointed as a coroner of the Coroners Court or a reserve coroner engaged to perform the duties of a coroner. The Act does not require a coroner to be a magistrate or more senior judicial officer.
Impact
Outputs
The Coroners Act 2008 (Vic) outlines the required seniority of judicial officers appointed as State Coroner or Deputy State Coroner but does not outline similar requirements for other coroners. As the Coroners Court Bench Book describes, other coroners are appointed by the Governor in Council on advice of the Attorney-General.
Outcomes
Between 2020 and 2024 findings were handed down from seven inquests into Aboriginal deaths in custody in Victoria. A different coroner presided over each case. These coroners had varied backgrounds and included academics, solicitors, barristers, judicial registrars and magistrates.
In considering the coronial recommendations that arose from each of these inquests the Aboriginal Justice Caucus considered personal attributes and prior experience had a greater impact on the conduct and impact of an inquest, than did judicial seniority.
The AJC observed that a coroner’s willingness to listen to Aboriginal families and engage with Aboriginal communities and concerns was far more important than whether they had previously been a magistrate or not.
Community Views
Aunty Donna Nelson
This inquest showed that Veronica was failed at every level of the justice system…To Coroner Simon McGregor, I thank you for listening to my Poccum. I thank you and your team for your bravery.
Uncle Percy Lovett
Thank you to Coroner McGregor and Counsel Assisting for properly investigating what happened to Veronica. Thank you for treating Veronica with dignity, for listening to her, and for telling the truth about what happened.