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Where am I now? Lawlink > Coroner's Court > Frequently Asked Questions
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Frequently Asked Questions
 Below are some of the most commonly asked questions about the Coroner's Court. If you cannot find the information you are looking for, please contact the NSW State Coroner's Court or your Local Court office.
Click on a blue arrow below to read the answer.
General FAQ
 Why was the death reported to the Coroner?
Section 12B of the NSW Coroner’s Act 1980 states that a medical practitioner must not certify cause of death if that death is reportable to a coroner. A medical practitioner must not give a certificate as to cause of death of a person for the purposes of notification of the cause of death under the Births, Deaths and Marriages Registration Act 1995 if the medical practitioner is of the opinion that the person died in ANY of the following circumstances:
- the person died a violent or unnatural death,
- the person died a sudden death the cause of which is unknown,
- the person died under suspicious or unusual circumstances,
- the person died having not been attended by a medical practitioner within the period of 3 months immediately preceding his or her death,
- the person died while under, or as a result of, or within 24 hours after the administration of, an anaesthetic administered in the course of a medical, surgical or dental operation or procedure or an operation or procedure of a like nature, other than a local anaesthetic administered solely for the purpose of facilitating a procedure of resuscitation from apparent or impending death,
- the person died within a year and a day after the date of any accident to which the cause of his or her death is or may be attributable,
- the person died while in or temporarily absent from a hospital within the meaning of the Mental Health Act 1990 and while the person was a resident at the hospital for the purpose of receiving care, treatment or assistance,
- the person died in circumstances that are examinable as referred to in section 13A (Deaths in custody etc examinable only by the State Coroner or Deputy State Coroner) or 13AB (Disability deaths or DOCs).
 When can I make funeral arrangements?
How can I find out what's happening with the Coroner's investigation?
Can I see the deceased?
When will I be sent a copy of the Death Certificate?
Postmortem FAQ
What is a postmortem examination (autopsy)?
When is a postmortem necessary?
What does a postmortem usually involve?
Can I object to the postmortem examination?
Yes. Section 48A of the Coroners Act 1980 stipulates the senior next of kin’s right to object or “not to direct a post mortem examination of the remains of the deceased person” (48A(1)). It is important that you notify the police, mortuary staff (after hours) or the Coroner’s office immediately if you wish to object to the postmortem examination occurring.
The letter of objection to the postmortem examination must be in writing. This notice of objection must be signed and dated by the senior next of kin. The letter of objection must also include the reasons why you are objecting to the examination including any cultural, religious or personal beliefs you wish the Coroner to consider. If the senior next of kin wishes for an alternative person (e.g. family friend, relative or solicitor) to represent them in proceedings, this should also be indicated in the notice of objection and signed by the senior next of kin and their representative. The notice should be faxed to the court on (02) 9660 7594 to prevent undue delay.
Upon the Coroner receiving the written objection, it will be taken into consideration along with the circumstances surrounding the death. The Coroner will then make a determination as to whether a post mortem examination is necessary. Under section 48A(3), the Coroner must decide whether the post mortem examination is “necessary or is desirable in the public interest”. You will then be notified of the Coroners decision.
If the Coroner believes that a post mortem examination is required, and you wish to proceed with the objection, the Coroner will forward a '48-hours' notice to you. This notice will indicate the earliest time the postmortem may be performed, and the notice will state that the senior next of kin may apply to the Supreme Court for an order that no postmortem examination of the remains of the deceased person be performed. This application must be lodged with the Supreme Court within 48 hours of the notice being forwarded to you.
The objection process can delay the release of the deceased from the mortuary so it is important that a date for the funeral is not confirmed prior to the Coroner’s decision about the objection.
It is important to note that the senior next of kin can withdraw their objection to the postmortem examination at any point in the above process.
What if an organ(s) is retained at postmortem?
When will the postmortem report be completed?
Can I request a copy of the postmortem report? Will a copy be sent to me automatically?
Inquest FAQ
What is an inquest?
Why is an inquest being held?
Will I have to give evidence at the inquest?
Can I ask questions at the inquest?
Do I need a solicitor to represent me?
Can family and friends attend the inquest?
Will court support be available if I need it?
How long does an inquest last for?
Missing Persons
When is a missing person's case referred to the Coroner?
The Police Officer in charge of a missing person investigation must report the matter to the Coroner once they are satisfied that no further enquiries can be made as to whether a missing person is alive or deceased. This should occur as soon as the investigator is of the belief that the missing person is now deceased.
This can be challenging for families of the missing person to accept, particularly when they may still be hopeful of a positive outcome.
You should keep in contact with the investigating Police, who can provide updated information as to the status of the investigation.
If you are unsure why a presumed death has been reported, you can ask the Coroner. For additional support please contact the Families and Friends of Missing Persons Unit on 1800 227 772.
What are the procedures for referral of a case to the Coroner?
Can the family request that a matter be referred, or not, to the Coroner’s Court?
Is the missing persons investigation closed if the Coroner finds a presumption of death?
If the Coroner makes an “open” finding what happens to the investigation?
Where can I get support or assistance?
Organ donation
Can I donate my body or organs?
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