Coronial inquests

Reportable deaths

Some deaths must be reported to the coroner for further investigation and to prevent future deaths in similar circumstances.

A death may be reported to the coroner in the following circumstances:

• when the death was unexpected
• where the death was violent or unnatural, for example, as a result of a homicide or suicide
• where the death resulted from an accident or injury
• where the death occurred during or following a health- related procedure
• if the person had not been attended by a doctor in the last six months
• when the person cannot be identified
• if the death happened while the person was in custody of a law enforcement authority
• if the person was receiving care from a mental health facility.

The role of the State Coroner

The State Coroner has a duty to investigate and determine a cause of death for reportable deaths which happen in NSW. 

The coronial investigation period can delay the process of arranging a funeral. If there is a coronial investigation, the hospital has a responsibility to store the deceased's body in a morgue until the coroner issues an order for burial.

The body may be released for burial or cremation once an investigation is completed, and a cause of death is determined, or it may be released before the coronial inquest is complete. Once the body is released, the executor or next of kin make funeral arrangements.

For more information, see NSW Coroners Court.

Disputes over the release of the body

The body may be released for burial or cremation once an investigation is completed, and a cause of death is determined, or it may be released before the coronial inquest is complete. Once the body is released, the executor or senior next of kin make funeral arrangements.

If there is a dispute over who the body is released to, the coroner can decide to release the body to:

• the senior next of kin
• the person the parties agreed to if an agreement has been reached
• the person directed by an order of the Supreme Court of NSW.

A senior next of kin is the deceased person’s:

• spouse
• adult children (if no spouse)
• parents (if no spouse or adult children)
• adult brothers or sisters (if no spouse, children or parents)
• executor, or
• legal personal representative immediately before their death.  

A spouse, adult child, parent or sibling rank above an executor as next of kin in these circumstances.

A party who disputes who the body is released to can apply to the Supreme Court of NSW. You should get legal advice from a private lawyer before making an application.