Agency Details

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Agency ID10711
TitleCoroner's Court, Atherton
Agency TypeMagistrates Court
Start Date 1/1/1931
End Date Current
Date NotesN/A
Abstract

Hears inquiries into deaths in unusual circumstances, fires and explosions

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Series

Details of series created by this agency do not exist or are unavailable.
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 1/1/1930 7/12/1989
33Department of Justice and Corrective Services 8/12/1989 11/4/1991
100Department of Justice (II) 12/4/1991 24/9/1992
34Department of Justice and Attorney-General 25/9/1992 26/2/1996
120Department of Justice (III) 27/2/1996 29/6/1998
8620Department of Justice and Attorney-General (II) 29/6/1998 Current
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Subsequent Agencies

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Related Agencies

Agency IDTitleRelationship
625Court of Petty Sessions, AthertonMagistrates Court
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

The Coroner's Act 1930
Inquests on Fires Act 1863
Inquests of Deaths Act 1866
Inquests of Death Act 1893
Queensland Blue Book, Civil Establishment, Coroners, 1864, p. 42.
Queensland Government Gazette 1930, Vol CXXXV, No 228, p. 3006
Queensland Government Gazette 1990, Vol CCXCIII, No 98, p. 2020
Australian Courts and Administrative Tribunals, Thomas Fry, University of Queensland, 1946, pp. 121-122


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Legislation

Establishing N/A
Abolishing N/A
Administered The Coroner's Act 1930
The Coroner's Act 1958
Coroners Act 2003
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Description
ESTABLISHMENT:
A New South Wales Act of 1838 (1 Vic. no. 3) provided "for the attendance of medical witnesses at Coroners' Inquests and Inquiries by Justices of the Peace." Prior to separation from New South Wales in 1859, until the enactment of "The Inquests of Death Act of 1866", medical practitioners were appointed as coroners in some districts in Queensland.

Coroners were assisted in their inquiries by a Coroner's Jury, and, in 1861, the first Queensland act relating to Coroners' Courts enabled juries, which had delivered a verdict of manslaughter to accept bail. The "Inquests on Fires Act of 1863" empowered coroners to hold inquests on fires. "The Inquests of Death Act of 1866", however, stated that juries were no longer to be summoned for inquests and that depositions, together with a certificate of the supposed cause of death, be forwarded to the Attorney-General, and a duplicate-certificate be sent to the Commissioner of Police. Medical practitioners could be called to provide testimony if there was any reasonable doubt as to the cause of death.

A note in the Queensland Blue Book 1867 states that "the duties of coroner are performed by the Police Magistrates and Justices of the Peace in the several districts of the colony without juries." No further entries appear for coroners outside Brisbane.

No major change to the discharge of coroners' duties was enacted until The Coroner's Act of 1930.

"The Coroners Act of 1930" consolidated inquest legislation and established Coroner's jurisdiction within each petty sessions district constituted under the "Justices Acts 1886 to 1929". Under this legislation, a Coroner's Court could be constituted by a police magistrate, or in petty sessions districts where no police magistrate had been appointed, by a clerk of petty sessions.

FUNCTIONS:
The Coroners Court had jurisdiction to inquire into the manner and cause of death of any persons killed, drowned, who died of unknown causes, who died under suspicious circumstances, who had not been granted certificates of death by medical practitioners, who died in prisons, asylums or other institutions and who were unattended by medical practitioners three months prior to death. Coroners were also granted jurisdiction to inquire into the circumstances of fires and the circumstances surrounding missing persons.

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Preferred Citation

Queensland State Archives Agency ID10711, Coroner's Court, Atherton
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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