Atkinson v Morrow

Atkinson v Morrow was a case heard by the Coroner’s Court of Victoria where the issue was whether the coroner had exceeded their jurisdiction in requiring a senior police officer to testify about Queensland Police Service policy guidelines. The deceased, whose death was being investigated, had last been seen interacting with two police officers. The coroner sought to understand the police dealings with the deceased and therefore required the senior police officer to provide evidence on the Queensland Police Service policy guidelines applicable to these circumstances. The central legal issues were whether this evidence was relevant to understanding how the deceased died or the circumstances surrounding their death, and whether the coroner's requirement for this evidence was authorised by the Coroners Act 1958 (Q). Additionally, it was necessary to determine whether the coroner had improperly exercised their power and exceeded their jurisdiction in this matter.

The court examined whether the evidence about the police service policies was relevant to the inquest. It found that the policies in question did not directly pertain to the cause or circumstances of the deceased's death but were more about the general procedures followed by the police. The court held that the coroner had the authority to require relevant evidence, but in this instance, the evidence was not sufficiently pertinent to the specific circumstances of the death. Consequently, the court determined that the coroner had exceeded their jurisdiction in demanding this evidence, as it was not directly relevant to the inquest's purpose. The application to review the coroner's decision was dismissed.

The court concluded that the coroner's requirement for the senior police officer to testify about the Queensland Police Service policy guidelines was an improper exercise of power. The evidence did not directly contribute to understanding how or under what circumstances the deceased had died. Therefore, the coroner had exceeded their jurisdiction, leading to the dismissal of the application. No specific orders were made beyond dismissing the application.