By Maikiira Barber
Visiting the Coroners Court of New South Wales was an experience that left me both moved and reflective. In a place that deals with death—often in unnatural and unexpected ways—the atmosphere was surprisingly calm and sensitive, and it gave me a glimpse into a legal space that attempts to balance its inherent gravity with respect and cultural awareness.
The first thing that struck me as I entered the Coroners Court was the lack of security checks or presence of uniformed police. Unlike the intimidating design of most traditional Courts this space felt more welcoming. With modern, unpretentious architecture, an expansive foyer with a large central staircase, and calming green hues throughout, the environment didn’t feel like the kind of place that usually makes one nervous or fearful. In many ways, it felt like the Court was trying to make the experience less daunting for those who already carry the heavy burden of grief.
This shift in approach was confirmed when I met Nicolle Lowe, the Aboriginal Coronial Information and Support Program Officer, who facilitated my visit. Her role is vital in bridging the gap between the often-impersonal judicial system and the cultural needs of First Nations families. As we toured the facility, I saw firsthand how the Coroners Court has created a space sensitive to the needs of its community.
Viewing rooms tailored for postmortem viewings offered privacy and respect, while family rooms allowed mob and relatives to gather, reflect, and share their grief in culturally safe environments. Items like kangaroo skins, gum leaves, and personal photographs able to be enshrined -transforming the space into something far more personal and holistic than one might expect from a Forensic Court.
The Coroners Court operates under an inquisitorial system, which differs from the more familiar adversarial system seen in many other Courts. In this Court, the goal isn’t to ‘win’ but to uncover the facts surrounding a death—who, when, where, and why. The entire process is about collaboration, not conflict. It’s an approach that immediately sets a different tone. There is no combative atmosphere here, just a sense of joint effort in seeking answers.
I had the opportunity to sit in on an inquest presided over by Magistrate Joan Baptie. The case concerned medical negligence in a highly rural area, a frequent theme in coronial inquests that aim to shine a light on systemic failings. While the proceedings were thorough and well-intentioned, it underscored a significant limitation of the system: while the Coroner can make recommendations, the ability to effect immediate systemic change can be a slow process. Inquests like these are meant to uncover failings—whether medical, institutional, or procedural—but the path from investigation to meaningful reform can be lengthy. This is a constant challenge within the system.
The history of the Coroners Court dates back to the British colonial period in 1787. Originally informal and focused on suspicious or unexplained deaths, the court has evolved significantly. Today, under the Coroners Act 2009, the court has a much broader role, investigating deaths in custody, suicides, and other unnatural causes. Its power extends to making recommendations for public safety measures and influencing policy. It has a profound role in shaping not just legal outcomes but also public health and safety.
Recent pushes for reform to the coronial process have been spurred by a growing recognition of the need for greater efficiency, transparency, and accountability, especially regarding deaths in custody. The overrepresentation of Indigenous people in these cases has highlighted the need for a more independent and rigorous investigation process. The involvement of professionals like Nicolle Lowe, whose advocacy ensures cultural safety, is a crucial step in addressing these concerns. Her work is emblematic of the promising direction in which the court is heading—one where justice is not only about finding facts, but also about healing, supporting, and safeguarding the communities most affected by the judicial system.
While my visit offered a more positive picture of the court's efforts, it also brought into sharper focus the ongoing challenges faced by many families. The court, in many ways, is still part of a larger judicial system that has historically been a source of pain and trauma for First Nations people. The efforts to include cultural practices, such as smoking ceremonies or allowing families to display items of personal significance in the courtroom, show an awareness of these challenges. Yet, it’s clear that much work remains to be done to build trust and ensure that justice is served not just for the system’s sake, but for the families who endure it.
My visit to the Coroners Court left me with a melting pot of sentiments. The court’s holistic approach to justice, combined with its sensitivity to cultural needs, provides a hopeful path forward for families who have suffered loss. Yet, the pain and distrust many First Nations people feel towards the judicial system remains. Important strides in the right direction are being made, particularly with the introduction of cultural support officers like Nicolle Lowe. The Coroners Court with its inquisitorial model offers a glimpse of a more compassionate and collaborative future—one where justice is pursued with maximum efficacy and nurturance.
The Coroners Court is not a perfect system, but it is evolving. Through continued advocacy and the ongoing efforts of those who care deeply about cultural safety, the court is taking steps toward becoming a space where justice is not just about legal findings, but about restorative justice- supporting families, acknowledging historical and systemic wrongs, and making changes that will help prevent future harm.
I want to extend my deepest thanks to Nicolle Lowe for her tireless work in advocating for Mob within the Coroners Court. It is hard. It is a source of pain and trauma. At that cost she has helped create meaningful, positive change. With professionals alike Nicolle spearheading the implementation of reformed practice, the Court’s future is promising.
Contact details for Coroners Courts
Coroners Court New South Wales, Sydney Metropolitan Area:
Phone: (02) 8584 7777
Coroners Court New South Wales, Regional NSW:
Outside the Sydney Metropolitan Area, please contact the Assistant Coroner at your nearest Local Court.
Coronial Information and Support Program (CISP):
(02) 8584 7777