Key takeaways
New route for resolving coronial concerns
Encourages early dialogue before formal complaints escalate.
Protocol supports fair and confidential reporting
Creates a structured process for raising concerns.
Serious misconduct remains subject to formal action
Significant concerns should still be referred to JCIO.
This week the Chief Coroner has introduced a new protocol enabling legal professionals to raise concerns about a coroner’s behaviour through an informal resolution process.
The protocol is intended for less serious issues, such as isolated incidents or inappropriate remarks, and aims to encourage early, constructive resolution. Legal professionals may raise concerns directly with the coroner concerned, through the relevant Senior Coroner, or via the Chief Coroner's Office where appropriate.
Those raising concerns can do so personally or through a representative and concerns will be considered promptly, fairly and confidentially where possible. The protocol also makes clear that it does not replace the formal complaints process.
Where possible, individuals raising concerns can request that their identity is not disclosed, although anonymity cannot be guaranteed where meaningful action is to be taken.
More serious concerns, including allegations of bullying, harassment, discrimination, misconduct or repeated inappropriate behaviour, should continue to be referred to the Judicial Conduct Investigations Office (JCIO).
The protocol has been introduced against a wider backdrop of scrutiny of conduct within the coronial process. Recent years have seen increasing concern expressed about the appropriateness of behaviour and advocacy at some inquests, with a growing emphasis on ensuring proceedings remain constructive, proportionate and consistent with the inquisitorial nature of the jurisdiction.
You can read the full protocol here.
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