NUR1113 Lecture Notes - Lecture 8: Fire Investigation, Forensic Pathology, Homicide
NUR1113 – Module 8
NUR1113 – Law, ethics and an introduction to leadership in nursing and midwifery
Module 8 – The coroner, HCC and End of life issues
Learning Objective 1: Explain what is meant by the criminal law and identify its purpose
Criminal Law is the body of law that relates to crime.
• It condemns conduct perceived as threatening, harmful, or otherwise endangering to the property,
health, safety, and moral welfare of people.
• A ie o offee is a legal og that a e folloed by criminal proceedings which may result in
punishment
Purpose of criminal law
1. Punishment
2. Retribution → Punishment fits the crime
3. Deterrence → discourage members of
society from committing criminal laws for
fear of punishment
4. Incapacitation/incarceration → restriction
of a pesos lieties ad feedo as
recompense for their criminal act. Prevent
them from committing further crimes
5. Rehabilitation → Programs so that once
prisoners have served their period of
incarceration they can be reintegrated into
the community
6. Restoration → Repair relationships have
criminals accept accountability and feel
remorse for the criminal acts and how these
have affected the victims or family and
community member
Learning Objective 2: Outline the roles of the Coroner and the Health Complaints Commissioner
Coroner:
Judiial offie ho is esposile fo the idepedet iestigatio of epotale deaths ad fies, ith the
ojetie of eduig the ue of peetale deaths ad fies ad pootig puli health ad safety
(coroners Court of Victoria, 2013)
Coroners court:
• A specialist Court of Law which investigates deaths and is responsible to establish (if possible):
o The identity of the deceased person
o The cause of death
o Circumstances in which the death occurred (in certain cases)
o Identify of person/s who contributed to the death
• Not all cases reported to the Coroner have an inquest
o Cases where there is an interest of public importance
o Inquests are required under the Coroners Act 2008 (death in custody)
• Investigation of every aspect of fires which raise public and community issues, to conclude:
o The source and origin of the fire
o The circumstances surrounding the fire
o The identify of any person who may have contributed to the fire
• Prevention
o Draw together the investigation materials and to comment on what could have been done to
avoid repetition of the incident (to reduce preventable deaths and fires)
o Inform the community – public inquest, report and recommendations to the Attorney-General
o Aim is to promote public health and safety and the administration of justice
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NUR1113 – Module 8
Why do we need a coroner?
• Death investigation → Reportable Death and Reviewable Death
• Fire investigation → with or without a death
• Family violence investigations (2009) → Victorian systemic Review of Family Violence (VSRFVD)
• Medical investigations → cases relating to health and medical issues
• Exhumations → An exhumation is where a person's remains are retrieved from a place of burial, usually
for the purpose of further examinations for investigations
When someone dies:
(1) A doctor writes a Medical Certificate (2 types)
o Deceased Persons > 28 days of age
o Perinatal Death Certificates <28 days old
▪ Stillborn child of at least 20 weeks or 400g
▪ A Perinatal Death Certificate is also required for a live born child who dies within 28 days
of birth
▪ The Perinatal Death Certificate should be completed by or under the supervision of the
Consultant responsible for the care of the infant
(2) The death is reported to the Coroner
When would a doctor not complete a death certificate?
• Doto does ot ko patiets edial
history
• When the death is sudden and unexpected
• The Doctor does not know the cause of
death
• If there is suspicion the death may be
unnatural
• Fear the medical certificate will be rejected
by Registry of Birth Deaths & Marriages
(BDM
Learning Objective 3: Outlie the eaig of the tes epotale death ad eieale death
Reportable Death
Reviewable Death
A death which
• Occurs in Victoria
• Is sudden & unexpected
• Violent (homicide)
• Unnatural (suicide, poison, animals)
• Directly or indirectly as a result of an accident
• Death in custody/care
• Identity of person is unknown
• Mental health patient
• When a Doctor does not write a Death
Certificate
• During or following certain medical
procedures
o When the death occurs during, or
following, a medical procedure where
the doctor would not have expected
the death to occur.
o There is no time frame when
reporting a death to the Coroner
following a medical procedure.
• A death of a second or subsequent child of
either parent to have died. (Matthey Case
1998-2003)
• Exceptions to this include
o Child who was born in hospital and
had not been discharged (only if
death not reportable)
Person responsible should report
Anyone can report a death: nurses, doctors, admin
staff, cleaning staff, family etc..
find more resources at oneclass.com
find more resources at oneclass.com
