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Doug Humphreys pushes for ‘much needed reform’ of coronial system
The president of the NSW Law Society, Doug Humphreys, has issued a letter to members, calling for reform of the state’s coronial system.
Emma Musgrave
In his address, Mr Humphreys urged the NSW Government to widen its current review of the Coroners Act 2009 as a means to address what he calls broader systemic problems, along with potential remedies offered by proven models in other jurisdictions.
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Currently in NSW, Mr Humphreys said, the coronial system is hindered from reaching its full potential to reduce risk of preventable deaths and serious injury.
“Flaws in the coronial system are a disservice to the bereaved loved ones of some 6,000 people whose deaths are investigated by the NSW Coroner’s Court each year,” Mr Humphreys wrote.
“It is a grave concern to the broader public which is entitled to expect that the coronial system is resourced to fulfil its important functions. This includes identifying practical steps to ensure the causes and circumstances of a person’s death are not repeated in the future.
“The people of NSW are also entitled to expect that the people who conduct coronial investigations, inquiries and inquests are experts with the requisite knowledge, skills and experience to do so.”
Mr Humphreys went on to explain that current defects in the NSW coronial system are, in part, attributable to its decentralised structure.
“Much coronial work in NSW is undertaken by hard-working Local Court magistrates in the regions who are not sufficiently equipped with resources, specialist knowledge, skills and experience to conduct coronial matters with maximum effectiveness. This is unfair on them, and a less than optimal way to care for distressed families going through some of the worst days of their lives,” he added.
“There are just five full-time coroners in NSW, including the NSW State Coroner, His Honour Magistrate Leslie Mabbutt. The under-funded system in NSW also stands in contrast to that of Victoria which has double the number of coroners, Queensland which has seven coroners and New Zealand which has 18 coroners. This despite the fact that NSW is the biggest jurisdiction in the country.”
Mr Humphreys said the legal body supports a proposal by former Deputy State Coroner Hugh Dillon for the establishment in NSW of a specialist independent Coroner’s Court.
“This could follow the example of Victoria, Queensland and Ontario, Canada which operate successful stand-alone coronial administrations. An independent coronial system in NSW could be bolstered by more appointments from the barristerial and solicitor ranks and the employment, as in Victoria and Ontario of properly resourced research teams,” he said.
“As Mr Dillon points out, such action is not only warranted but critical. Wide variations in the specialist knowledge and skills of coroners in NSW is resulting in inconsistent decision-making and unpredictable service quality. Of even greater concern is Mr Dillon’s suggestion that the coronial system is unable to reach its potential to prevent death and serious injury because of inherent structural flaws. Only comprehensive systemic reform and a significant funding boost can remedy inefficiencies arising from inadequate training and experience, poor systems for case management and accountability, a lack of research and administrative support and oversight.
“With reform, NSW could have the best coronial system in the world. Keep in mind that this system operates to assist grieving loved ones to come to grips with a death, that in some circumstances might have been prevented.”
