Coronial processes

This theme focuses on how deaths in custody are investigated, and the need for those investigations to be timely, transparent, culturally appropriate, and supportive of the bereaved Aboriginal families. The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) made detailed recommendations regarding the policy and procedure for coronial investigations into Aboriginal deaths in custody. A particular emphasis was placed on the importance of Aboriginal organisations involvement in coronial processes and families’ involvement in coronial processes. Police involvement in coronial processes was interrogated, and regard was also had to role of lawyers and other individuals providing assistance to the Coroner.

In response to these recommendations, Victoria introduced the Coroners Act 2008, established the Coroners Koori Engagement Unit, and implemented Practice Direction 6 of 2020, requiring culturally responsive practices in cases involving Aboriginal people. Nationally, the Australian Institute of Criminology expanded its definition of deaths in custody through the National Deaths in Custody Program (NDICP), improving consistency in reporting. Despite these reforms, the AJC continue to highlight serious gaps in coronial processes: families often struggle to access legal and emotional support, coronial processes can be slow and distressing, and cultural needs are overlooked. The legal definition of deaths in custody in Victoria remains too narrow, excluding deaths that occur shortly after release or under community-based supervision.

The AJC has called for legislative change, better funding for culturally safe support services, and more robust accountability measures that prioritise the rights of Aboriginal people. Sustained effort and Aboriginal leadership are still needed to ensure coronial systems deliver the justice and cultural respect envisioned by RCIADIC.