Access to coronial documents

When a Coroner investigates a death or a fire or explosion, the court gathers a range of documents which make up the coronial file. At the end of the investigation the Coroner makes a finding/determination.

Approximately three(3) percent of matters reported to a Coroner in New South Wales go to inquest. An inquest is a public Court hearing. The majority of Coroner's findings following an inquest are publicly accessible online.

The majority of matters reported to the Coroner are determined in chambers.

Anyone can apply to the Courrt to access coronial documents for any matter. Every application goes before a Coroner for consideration before any documents are released. 

Prior to applying, please consider that it may be upsetting to read details about a loved one's death. Some information may be distressing and/or graphic in nature.

What type of documents does the court have?

A coronial file can contain many different documents. This will depend on how complex the investigation is. Documents can include:

• police reports
• witness statements
• expert reports
• post mortem (autopsy) reports
• transcripts (noting that Court transcripts from 2024 onwards must be ordered through an online portal at this link)
• the Coroner's finding

Who can apply to access documents?

The law imposes strict limitations on the release of coronial documents because these documents contain very personal and sometimes highly sensitive information.

The Senior Next-of-Kin can receive documents on an open file without charge by sending in a written request to the Court or completing the application form linked below. If the senior next-of-kin does not want coronial documents to be sent out to anyone else, they must indicate this in writing to the Coroner as soon as possible stating their reasons for this. The ultimate decision on whether such documents are released to any applicant is by the Coroner.

Other family members (who are not the senior next-of-kin), may be considered to have an appropriate interest to receive coronial documents. These applicants will need to attach proof of their relationship with the deceased to their application - such as a birth certificate, marriage certificate, or any other documents which support the application. They will also need to state in their application the reasons why they are seeking access to the coronial documents.

Documents may also be released to:

• a statutory body for a statutory function;     
• a member of the police force for law enforcement;
• researchers, for research approved by an ethics committee; or
• anyone who can satisfy the Coroner that they have an appropriate interest to receive the information.

How do you apply for access to documents?

To apply for access to coronial documents, please complete the Application for access to coronial documents form (PDF, 109.3 KB) and post or email it to the Court at which the matter is being determined, or was determined. A full list of NSW Courts and their contact details can be accessed here.  

Please ensure that this form is completed in full and returned either by email or post to the relevant Court.

Who determines my application?

The Coroner managing the coronial case will determine whether to grant or refuse your application. In some cases the Coroner may impose a condition on access to the document.

If a Coroner refuses your application they will provide reasons, such as where access may hinder an ongoing criminal investigation or the person who applied does not have a sufficient interest in the coronial matter. 

Access to historical coronial files

Applications to access historical coronial files must be made on a Form 24 Application to Access Coronial Documents (PDF, 109.3 KB) and sent to the Coroner at the Court where the matter was determined.

Applications to access coronial files where the death occurred between 1963 to 2000 will only be considered where the applicant completes the Form 24 and also attaches the following documentation:

• Death certificate for the deceased; and 
  
• Proof of your relationship to the deceased, such as a death certificate or birth certificate.

Applications to access coronial files where the death was prior to 1963 should be made directly to State Records of NSW.

How long will it take to receive the documents?    

The length of time it takes for the application to be processed varies as it is  dependent on how recent the matter is, the workload of the Coroner with carriage, and the resources of the Court to which your application is made. Priority is given to processing applications for matters currently before a Coroner over requests for historical records.

Please note that for many deaths where some level of post mortem examination occurred, it can take twelve(12) months or more for the Coroner to receive the post mortem report and complete the investigation.

In some cases the Court will need to contact the Senior next of kin to let them know an application has been received and seek their views on release of the documents. The Coroner has a statutory responsibility to consider these views when making a determination on release of coronial documents. 

For applications to access historical coronial records please allow up to twelve(12) months for your application to be processed, noting your application may not be processed if it does not contain the supporting documentation stated in the preceding paragraph.    

Are there any fees?

If you are the senior next-of-kin fees are typically not payable, unless your request relates to historial archived records.

There are fees to retrieve historical coronial files from the government records repository and to obtain copies of coronial documents. These are contained in the Civil Procedure Amendment (Fees) Regulation 2020 and as at the 1 July 2024 are:

• $98 per box retrieval from GRR
• $15 for copying the first 20 pages, and $8 for the next 10 pages thereafter

If your application to access is granted you will be sent an invoice indicating the fee payable. Please note that coronial documents will not be provided until this invoice is paid. 

The following government agencies are exempt from paying fees. The specific exemptions apply to both transcript and copying fees unless otherwise stated.

• Commissioner for Children & Young Persons & authorised screening agencies
• Director of Public Prosecutions
• Crown Solicitor's Office (when assisting the Coroner)
• Legal Aid, Aboriginal Legal Services & community/government legal services
• Judicial Commission
• Mental Health Review Tribunal
• Corrective Services NSW

If you cannot afford to pay the fees, you may apply to have the fees waived or postponed. For more information, see the courts' fee waiver policy

Media Access 

Applications by media to access coronial documents or any other material concerning a coronial inquest must be made through the Department of Communities and Justice media unit. 

Guidelines to media on the protocol at the Forensic Medicine and Coroners Court complex at Lidcombe are available at this link (PDF, 173.5 KB).