Coroner’s & CHILDREN’S COURTS JURISDICTION

‘The specialist courts’ Coroner’s & CHILDREN’S COURTS JURISDICTION Unit 4 Legal Studies AOS 1- Dispute resolution

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; • Cause and origin of the fire • The circumstances of the fire • 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 _________________________________________

Coroner’s & CHILDREN’S COURTS JURISDICTION