4.5 Coronial Inquests into Deaths

Legal aid may be available for a coronial inquest matter if:

  • it is a preliminary step to civil proceedings for which legal aid is available, or
  • the public interest would be advanced if the applicant was represented at the inquest, or
  • it is an Aboriginal or Torres Strait Islander death in custody.

A coronial inquest matter includes any one of the following:

  • Representation at an inquest
    • holding an inquest,
    • reviewing a decision declining to hold an inquest, or
    • reviewing a decision dispensing with an inquest.
  • The making of a submission to the Coroner, the State Coroner or the Supreme Court of NSW in relation to:  
    •  the making of a request for the review of a decision or the making of an interlocutory application to the Coroner and/or State Coroner during the inquest, or
    • any interlocutory appeals and/or applications to the Supreme Court necessary for the proper conduct of the inquest.

Legal aid is available for a coronial inquest matter where representation at the inquest is a preliminary step to civil proceedings.

To be eligible for legal aid the applicant must satisfy:

  • the Means Test,
  • the Merit Test,
  • the civil proceedings contemplated is one which legal aid is available for, and
  • Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.
Applying the Merit Test 

When determining the merit of an inquest matter the determining officer should take into consideration:

  • the applicant's relationship to the deceased, and
  • whether the deceased's family will be represented at the inquest if legal aid is not granted.

Legal aid is available for a coronial inquest matter where the public interest would be advanced by representing the applicant. Some examples of the types of inquests that might give rise to a public interest are those involving the:

  • Death of a child in a childcare centre;
  • Death of a person in police custody;
  • Death of a person in a psychiatric hospital;
  • Death of a person in a juvenile justice centre;
  • Death of a person in a community welfare centre.

See Civil law guideline 4.10 on the meaning of public interest.

To be eligible for legal aid  the applicant must satisfy:

  • the Means Test,
  • the Merit Test, and
  • Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.
Applying the Merit Test

When determining the merit of an inquest matter the following issues should be taken into consideration:

  • the applicant's relationship to the deceased, and
  • whether the deceased's family will be represented at the inquest if legal aid is not granted.

Legal aid is available for a coronial inquest matter where it involves the death of an Aboriginal or Torres Strait Islander person in custody.

To be eligible for legal aid  the applicant must satisfy:

  • the Merit Test, and
  • Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.
Applying the Merit Test

When determining the merit of an inquest matter the following issues should be taken into consideration:

  • the applicant's relationship to the deceased, and
  • whether the deceased's family will be represented at the inquest if legal aid is not granted.

For further information on coronial inquests see the Coronial Inquest Unit website.