Losing someone you care about to suicide is a devastating experience that often leaves people feeling shocked and with many unanswered questions. The people left behind may wonder whether ‘something or someone’ could have prevented the person’s suicide. See Common Experiences Associated With Suicide Bereavement.
Sometimes family and friends ask themselves whether they could have said or done something different that might have stopped the person from taking their own life. Those left behind could also question the actions of the health professionals involved in the deceased person’s care, wondering whether these professionals fulfilled their ‘duty of care’ to the person. As a result, family and friends might want to seek access to the deceased person’s medical records.
This is a very complex issue that is governed by both legislation and the ethical codes of practice of health professionals. In general, health professionals have an obligation to protect the privacy of their clients. This is known as the duty to maintain confidentiality. The major national legislation concerning confidentiality, the Privacy Act 1988, applies only to people who are alive. However, in a number of states, there is legislation that protects the privacy of former clients who have died. Medical professionals in these states are therefore bound to protect a deceased client’s privacy in the same manner as they would if the person was still living.
Anyone who is concerned about how a person died can write to the State Coroner, asking for the death to be investigated. Whilst the Coroner’s powers and responsibilities are governed by different legislation in each state and territory, the legislation is generally consistent. The Coroner usually has broad powers to obtain a copy of any document which will assist in their investigation into a person’s death, including medical files. The Coroner may ask health professionals for such records via a subpoena. Under these circumstances, health professionals must produce their medical records for consideration by the Coroner. However, it is not the coroner’s role to establish negligence. The Coroner determines the circumstances of death, cause of death, and particulars needed to register the death.
In some cases, the Coroner may also decide to hold an inquest. This is a public hearing. It is not a trial and is conducted in a more informal way. The Coroner may hear from anyone who has information about the death and can order a witness to attend if necessary. During this process, the Coroner reviews all the evidence available regarding the circumstances of death and what may have caused the person’s death. Family members and friends who are seeking explanations may find it useful to attend the inquest.
The Coroner delivers a finding at the end of the coronial process. The Coroner’s finding is a public document, unless the Coroner directs to the contrary. This means that anyone can have access to the file. Another document that is public record is the transcript of the inquest, which is a recording of all the evidence. There is usually a fee applicable for copying the file and transcript.
For more specific information on this rather complex issue, it is recommended that you contact the Coroner’s Office in your state or territory, and/or seek legal advice.
State and Territory Coroner’s Offices
ACT
Coroners Court of the Australian Capital Territory 02 6207 1754
http://www.courts.act.gov.au/magistrates/index.html
NSW
Coronial Information and Support Program (CISP) 02 8584 7777
http://www.lawlink.nsw.gov.au/CORONERS
NT
The Coroner’s Office 08 8999 7770
http://www.nt.gov.au/justice/courtsupp/coroner/
QLD
Coronial Counselling Unit 07 3274 9200 1800 449 171
http://www.courts.qld.gov.au/1708.htm
SA
Coroner’s Court of South Australia 08 8204 0600
http://www.courts.sa.gov.au/courts/coroner/index.html
TAS
Coronial Division, Magistrates Court of Tasmania
Southern Tasmania 03 6233 3257
Northern Tasmania 03 6336 2808 (AH) 03 6336 3701
http://www.magistratescourt.tas.gov.au/divisions/coronial
VIC
State Coroner’s Office of Victoria 1300 309 519
http://www.coronerscourt.vic.gov.au/wps/wcm/connect/Coroners+Court/Home/About+Us/
WA
Coroner’s Court of WA, Coronial Counselling Service 08 9425 2900 1800 671 994
http://www.coronerscourt.wa.gov.au/
Legal
National Legal Aid
http://www.nla.aust.net.au/
Law Council of Australia
http://www.lawcouncil.asn.au/information/for-the-public/find-a-lawyer.cfm