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Where am I now? Lawlink > Coroner's Court > Access to Coronial Documents
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Access to Coronial Documents
When a coroner investigates a death or fire the court gathers a range of documents. At the end of the investigation the coroner writes a finding. A finding details the identity of the person who has died, the cause of the death or fire, in certain situations the circumstances of the death or fire, and any comments or recommendations that may help prevent similar deaths.
A number of findings are now available in the Coronial Findings section.
However, the individual documents in the court file are not generally available to the public. If you wish to see any of these documents, you can apply to the court for access.
What type of documents does the court have?
A court file can contain many different documents. This will depend on how complex the investigation is. Documents can include:
- police reports
- witness statements
- photographs
- expert reports
- medical examination reports
- transcript
- the coroner's finding.
Who can apply for access?
The law imposes strict limitations on the release of coronial documents because these documents contain highly sensitive and very personal information. Information can only be released if it can be established that the person seeking the documents has an appropriate interest in the information. An immediate family member, for example, would be considered to have an appropriate interest but any other person seeking access to documents would need to provide valid reasons why the information should be released to them. Proof of any claims made by the applicant may also be required. Documents may also be released to:
- a statutory body for a statutory function
- a member of the police force for law enforcement
- researchers, for research approved by an ethics committee
- anyone who can satisfy the coroner that it is in the public interest.
How do I apply for access to documents?
Download the Application for Access to Coronial Documents. Complete and return the form to us:
State Coroner's Court
PO Box 309
CAMPERDOWN 1450
Email: local_court_glebe@agd.nsw.gov.au
We will let you know in writing of the outcome of your application.
Can my application be refused?
Yes. Your application may be refused, for example if a criminal prosecution is in progress, or if the person who has applied does not have sufficient interest.
How long will it take to receive the documents?
This varies depending on how recent the matter is. We may also contact the senior next of kin first to let them know we have received a request for information and ask if they have any concerns. We will consider these concerns before deciding whether to release the documents.
Are there any fees?
Fees are payable as set out in the application form. A small surcharge is also payable if the application for access relates to a death reported more than 2 years ago.
The senior next of kin and certain government agencies are exempt from fees with the exception of the surcharge for older records.
A list of the exempt government agencies appears below. The specific exemptions apply to both transcript and copying fees unless otherwise stated.
- Commissioner for Children & Young Persons & authorised screening agencies
- Director of Public Prosecutions
- Crown Solicitor's Office (transcript fees only when on behalf of the Coroner)
- Legal Aid, Aboriginal Legal Services & community/government legal services
- Judicial Commission
- Mental Health Review Tribunal
- Employee Performance and Conduct Unit (transcript fees only for cases of alleged child abuse by Department of Education and Training employees)
- Commissioner of Taxation (exercising powers under section 263 of Income Tax Assessment Act 1936)
If you cannot afford to pay the fees, you may apply to have the fees waived or postponed. For more information, see our fee waiver policy.
Download the fee waiver application form here.
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