CORONER’S & CHILDREN’S COURTS JURISDICTION

Unit 4 Legal Studies

AOS 1- Dispute resolution

‘The specialist courts’

Victorian Court Hierarchy

FEDERAL COURTS

STATE COURTS

CORONER’S COURT

Coroner’s Court- Background info

Its most important role is to identify circumstances of death that might be avoided in the future. The coroner is able to investigate similar cases and can encourage public debate that can lead to changes in the law. As a result of investigations by the coroner into deaths in backyard swimming pools, tougher legislation was enacted by the Victorian Parliament, which included regulations on fencing of backyard pools.

The aim of its investigations is to ______________of a death or the cause of a fire.

The Coroner’s Court consists of the state coroner, deputy state coroner, coroners and coroner’s clerks. A coronial inquest is presided over by a single coroner who must be ___________________

The courts acts like an “inquisitorial court” where the Coroner is interesting is discovering the truth.

Function of the Coroner’s Court

A specialised court, whose primary role is to; Investigate the cause of unexpected

‘reportable’ deaths and establish cause of death.

Investigate fires in Victoria. The Coroner is a Magistrate and conducts

the inquest to find the cause. The community is informed of the findings

and the Coroner can make recommendations aimed at improving public safety.

Jurisdiction of the Coroner’s Court. DEATHS:The coroner is responsible for investigating all

cases when a person dies and the death is a reportable death. For a death to be reportable the death must be one of the following:

• unexpected, unnatural or violent• from anything other than natural causes• from an injury or an accident• as a result of an anaesthetic• a person whose identity is unknown• a person held in an institution, a prison, or a

drug or alcohol rehabilitation centre or by police.

Reportable deaths

Reviewable deaths;This category of deaths are also explored

by the Coroner, and are instances where there has been the _________________________________

________________________________________Doctors and police officers must report

these deaths to the State Coroner.

Jurisdiction of the Coroner’s Court FIRES; (Black Saturday Inquest)The Coroner investigates fires that occur in

Victoria. The Country Fire Authority (CFA) or Metropolitan Fire Brigade (MFB) can request the Coroner to undertake an inquest.

The purpose of the investigation is to determine;

1. Cause and origin of the fire2. The circumstances of the fire3. The identity of anyone who may have

contributed to the fire(s).

IMPORTANT...

The coroner does not determine whether ________________ guilty of arson or of homicide, they simply investigate the case, and gather facts to come to an overall conclusion.

If they feel that throughout their research they have found a possible suspect to a crime, they must ___________________ this to the Director of Public Prosecutions (DPP) in order for them to charge the individual if required.

Appellate jurisdiction

Coroner’s court does _______ hear appeals.

As the Coroner’s Court is a specialised court focused on investigation, the outcome of the cases determined here ___________________to another court.

They are simply a ______________________court.

Review

The Coroner’s Court has the jurisdiction to hear..

Reportable deaths Reviewable deaths Fires occurring in Victoria No appellate jurisdiction – Does not hear

appeals

CHILDREN’S COURT

Function of the Children’s Court The Children’s Court is a court that deals with

children’s particular problems. (Criminal & family divisions)

All proceedings are conducted in ______________and the best interests of the child must always be paramount. The court is required to take steps to ensure that the proceedings are able to be easily understood by the child, the child’s parents and all other parties who have a direct interest in the proceedings.

Generally the names of the parties in cases cannot identified in the court or published.

Two divisions (2 jurisdictions)

Criminal Division

Children’s Court has the power to hear MOST criminal cases where the offender is a young person.

A young person is anyone who was under _____ at the time of the offence and no older than ______19 at the time of the hearing.

A young person cannot be heard criminally responsible until the age of 10.

Criminal Division- Jurisdiction Hear and determine ALL summary offences

committed by a minor Hear and determine indictable offences

committed by a _______________________; murder, manslaughter, arson causing death or culpable driving causing death (basically any offence where death of another is concerned).

Hear and conduct all committal proceedings for indictable offences charged against a minor

Granting and refusing bail for minors

Family Division- Jurisdiction

Deals with young people under the age of 17 who are considered to be in need of _____________________

A child may be considered in need of care if;- Child has been abandoned - Parents are dead or incapacitated- Child had suffered physical, sexual, or psychological

abuse- Child has been neglected.

The court may order:- A supervision order- Accommodation order- Guardianship order- Order the young person into state case

(DHS)The Children’s court can also issue

intervention orders for serious family violence.

Appellate Jurisdiction

Children’s court _________________hear appeals.

Appeals FROM the Children’s Court If however a decision is made in the

Children’s court and either party is dissatisfied appeals can be made to;

_________________________________________OR_________________________________________