What to Do When a Loved One is at the Coroner
Experiencing the loss of a loved one is an incredibly difficult and emotional time. When this loss requires the involvement of the Coroner, it can add an additional layer of complexity and uncertainty.
Understanding the role of the Coroner
In Victoria and New South Wales, the Coroner is responsible for investigating deaths that are unexpected, unnatural, or have no clear cause. This can include accidents, suicides, and deaths that occur under medical care. The Coroner’s role is to determine the cause of death and, if necessary, to hold an inquest.
Understanding your role
Appointing Senior Next of Kin
In both Victoria and New South Wales, a ‘Senior Next of Kin’ is appointed as a main point of contact throughout the coroner’s investigation.
The senior next of kin is usually the person’s spouse or domestic partner, otherwise, the senior next of kin generally follows the following order:
- An adult son or daughter
- A parent
- An adult sibling
- A person named in the will as an executor
- A person who, immediately before the death, was a personal representative of the deceased
- A person determined by the coroner to be taken as the senior next of kin because of the closeness of the person’s relationship with the deceased person immediately before his or her death.
The Senior Next of Kin will be notified of updates throughout the investigation, and may be asked to identify the deceased or locate medical information to assist with the investigation.
Other family members or members of the public who may be able to assist with, or may be affected by findings of, the investigation, can become ‘Interested Parties’.
The Coroner’s office will only speak about an open investigation with the Senior Next of Kin, or their representative, and anyone who become ‘interested parties’.
This can be distressing for some families and those close to the deceased who do not meet this criteria.
The Role of Tobin Brothers Funerals
Your Tobin Brothers Funeral Planner will liaise the Coroners Court to provide updates to you regarding the release of your loved one.
We will be able to help you navigate your dealings with the Coroner, as well as prepare for the release of their body and transfer into our care.
Throughout this process we will be able to guide you and coordinate funeral arrangements as we await the completion of the Coroner’s investigation.
What happens first?
1. Notification and Identification
Once the death has been reported, the police will notify the Coroner. As the next of kin, you will be informed and may be asked to identify your loved one. This can be a very emotional experience, so it’s important to have support from family or friends.
2. Contacting a Funeral Director
Engaging a funeral director early can help alleviate some of the stress. We can guide you through the process and communicate with the Coroner on your behalf. It’s important to choose a funeral director who understands the nuances of dealing with the Coroner’s office and who can provide compassionate support during this time.
It’s advised that families avoid setting a date for the funeral until they receive confirmation from the Coroner as the timelines for their process can vary. Your Funeral Planner will liaise with the Coroner on your behalf to get updates and will be able to notify you when we are taking your loved one into our care.
3. Gathering Information
The Coroner may require information about the deceased’s medical history, circumstances leading up to the death, and any other relevant details. Having this information readily available can help expedite the process, but don’t be hard on yourself if you can’t find relevant information, just having searched is enough.
Your loved one’s GP, specialists, and other family members may be able to aid you in your search.
The Coroner’s Investigation
The Coroner’s investigation can take some time, and it’s important to be prepared for this. The steps typically include:
1. Post-Mortem Examination
All deaths reported to the Coroner are reviewed by specialist forensic medicine and investigative teams.
An initial investigation will involve gathering information about your loved one and preliminary examination in order to avoid unnecessary transfers and more invasive procedures.
The forensic process carried out by the coroner is as follows:
- A review of the medical records
- Computed tomography (CT scanning)
- Blood toxicology testing
- An external examination
- A coronial post mortem examination
- A combination of any of these.
2. Refusing or Requesting and Autopsy
A post-mortem examination (autopsy) may be conducted to determine the cause of death. The Senior Next of Kin may object to an autopsy in writing, although the Coroner may still proceed if they decide an autopsy is required.
To object to an autopsy being carried out on your loved one, you must apply in writing. Even if someone has left a note or directive in their Will regarding preferences against autopsy, or there are religious or cultural reasons, the Coroner may still deem it necessary.
You may appeal this decision by applying to the Supreme Court for an order to prevent the autopsy from taking place, however, the Coroner will prioritise the outcome of the investigation above all else and this must be taken into consideration.
A similar process takes place in situations where a family requests an autopsy to be performed. The initial request must be made in writing and, if the Coroner refuses, you may progress further by applying to the Supreme Court.
See the New South Wales or the Victorian Coroner’s websites for more details about appealing or requesting an autopsy.
3. Reporting and Documentation
After the investigation, the Coroner will issue a report detailing the cause of death. This report is crucial for registering the death and proceeding with funeral arrangements.
Emotional Support and Practical Considerations
Dealing with a loved one’s death, especially under such circumstances, is incredibly challenging. It’s important to:
1. Seek Emotional Support
Lean on family and friends for support. Professional counselling can also be beneficial during this difficult time. Many funeral directors offer grief support services to help you cope with your loss.
2. Understand Your Rights
As the next of kin, you have the right to be informed about the investigation and to access the Coroner’s report once it’s completed. Don’t hesitate to ask questions and seek clarification on any aspect of the process.
3. Prepare for the Funeral
Once the Coroner’s investigation is complete, you can proceed with the funeral arrangements. We can help you plan a service that honours your loved one’s memory while accommodating any specific cultural or religious practices.
We are also equipped to handle the funeral arrangements of those who may have died in sudden or traumatic circumstances, and can provide additional support to families who find themselves in this unfortunate position.
Concluding the Investigation
There may be legal and financial matters to consider if your loved one has died and is in the care of the Coroner.
1. Death Certificate
In any instance of death, it must must be registered, and a death certificate obtained. This is required for legal and administrative purposes, such as settling the deceased’s estate.
A standard death certificate can be obtained through Births, Deaths, and Marriages. You will receive the death certificate via post within a few weeks, depending on turnaround times.
An Interim Death Certificate may be issued for deaths still being investigated by the Coroner. This document certifies that the person has in fact died, however, it will not specify the cause of death, and therefore may not be accepted for all official purposes.
Your Funeral Planner will assist you in registering the death.
2. Inquests
In some cases, the Coroner may decide to hold an inquest. This is a public hearing where the Coroner examines the evidence and circumstances surrounding the death.
As the next of kin, you will be informed of any inquest and may be required to attend.
3. Releasing the body
The Coroner will authorise the release of a deceased person as soon as they are satisfied all required examinations are complete for the investigation.
The Coroner will also require an application for the release of the deceased from a funeral director.
Families are not obliged to use the funeral director who brought their loved one into the care of the court.
Tobin Brothers Funerals has intimate knowledge of the Coronial process and a strong working relationship with the courts. This allows us to guide families through the process and helps us streamline the funeral process following a Coroner’s investigation.
We're here for you
Navigating the process when a loved one is at the Coroner can be daunting and overwhelming. Understanding the steps involved and seeking support from professionals and loved ones can help ease the burden.
Remember, you don’t have to go through this alone. Reach out for help, ask questions, and take the time you need during this process.
If you need further assistance or have specific questions, please don’t hesitate to contact our team. We are here to support you through every step of this challenging journey.
We’re here for you 24 hours a day, 7 days a week.
Call the Funeral Advice Line now on 13 19 34.
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