[1989] VR 989
HARMSWORTH v THE STATE CORONER
SUPREME COURT OF VICTORIA FULL COURT
NATHAN J
28 February, 1, 09 March 1989
[1989] VR 989
Coroners — Inquest — Powers of investigation, comment and recommendation — Extent of powers — Matters "connected with" death — Coroner's Act 1985 (No
10257), s17(1), s19(2), s21(2).
.
The State Coroner was conducting an inquest into the deaths of five prisoners
who had died in the course of a fire which one of them had lit in a cell
block. The prisoners had built a barricade, and prison officers and firemen
had been unable to reach them before they were overcome by poisonous gases
emitted by burning material.
Among the powers conferred on the State Coroner by the Coroner's Act 1985 are
power to investigate the death of persons held "in care" (s17(1)), power to
comment on any matter connected with a death, including public health or
safety or the administration of justice (s19(2)), and power to make
recommendations to the Attorney-General on any matter connected with a death,
including matters of public health or safety or the administration of justice
(s21(2)).
The plaintiff sought declarations that the coroner had exceeded his
jurisdiction by admitting into evidence testimony as to a number of matters
relating to prison administration and operations.
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[1989] VR 989
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