Coroner’s dumping shows need for independence

Media reports that Attorney-General Rob Hulls has ended the appointment of State Coroner Graeme Johnstone, against Mr Johnstone’s wishes, highlight the need for public officers like the Coroner to be protected against arbitrary dumping by governments.

Coroners exercise an important role in protecting public safety by inquiring into the causes of death and making recommendations to prevent deaths in future.

Their work often involves being critical of governments and public bodies. This makes it vital that they be protected against any possibility of being dumped by governments for exposing government failures.

As State Coroner Graeme Johnstone has been vigorous in pursuit of the maxim of speaking for the dead to protect the living, and at times this has involved being critical of public bodies including public hospitals, public transport authorities, Legal Aid and Victoria Police.

Graeme Johnstone’s appointment was renewed for just two years by Attorney-General Rob Hulls in November 2005, and was then allowed to expire in November this year.

The all-party Parliamentary Law Reform Committee recommended in a report released in September last year that “the Coroners Act 1985 be amended to provide that the State Coroner be appointed for a term of five years, and may be reappointed for one further period of five years.”

However, the Government’s response to this recommendation was simply: “Amendments to be considered in development of new Act”.

The government needs to commit to amendments to provide a guaranteed term of office for the Coroner, so that the Coroner is, and is seen to be, fully independent of government and able to make findings without fear or favour.