Impact of Coronial Investigations on Manner and Cause of Death Determinations in Australia, 2000-2007

The Medical Journal of Australia, Vol. 192, No. 8, 2010

U of Melbourne Legal Studies Research Paper No. 473

2 Pages Posted: 2 Jun 2010

See all articles by David M. Studdert

David M. Studdert

University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences

Stephen M. Cordner

Monash University - Faculty of Medicine, Nursing and Health Sciences

Date Written: June 1, 2010

Abstract

There has been very limited empirical investigation of how coroners function and make decisions. A new national repository of coronial cases - to our knowledge, the first database of its kind anywhere - has created opportunities for such research in Australia. By examining cases investigated by Australian coroners over a seven-year period (n=120,452), we determined how frequently, and for what types of deaths, the understanding of the manner and cause of death changed between the time a report arrived at a coroner’s court and the completion of the coroner’s investigation. We found that coronial investigations changed early presumptions about how death occurred in only a small minority of cases. Those changes may have been very important to the families involved. At a whole-of-caseload level, however, the findings raise questions about whether the role of coroners’ courts can be justified solely or principally by reference to their traditional role as establisher of cause of death.

An important period of coronial law reform has underway globally. The most significant reforms involve elevating the importance of the non-traditional functions of coroners - for example, helping families to understand and cope with the death of loved ones, and formulating public health recommendations and monitoring their implementation. These functions may eventually grow to eclipse death certification as the coroner’s chief contribution to society.

Keywords: coronial investigations, coronial law, coroners' courts

JEL Classification: I10, K10, K39

Suggested Citation

Studdert, David M. and Cordner, Stephen M., Impact of Coronial Investigations on Manner and Cause of Death Determinations in Australia, 2000-2007 (June 1, 2010). The Medical Journal of Australia, Vol. 192, No. 8, 2010, U of Melbourne Legal Studies Research Paper No. 473, Available at SSRN: https://ssrn.com/abstract=1619122

David M. Studdert (Contact Author)

University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

Stephen M. Cordner

Monash University - Faculty of Medicine, Nursing and Health Sciences ( email )

Victoria 3800
Australia

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