The Law Handbook 2024

18 Section 1: Understanding our laws and courts to a number of exceptions set out in section 102 of the MC Act. The intention is to reduce the cost and formality of disputes for small claims (s 102). (For an alternative means of resolving small claims, see ‘Small claims: VCAT’s Civil Claims List’ in Chapter 7.4: Taking action as a consumer.) In addition, the court can refer a civil proceeding to mediation. Mediation The Dispute Settlement Centre of Victoria ( DSCV ) describes mediation as a form of dispute resolution in which an impartial third party helps people in dispute to communicate and negotiate. The conflicting parties meet with two mediators, who help them to work out a solution to their dispute that is acceptable to all parties. Parties to the dispute retain control over their dispute and take responsibility for the outcome. Mediation is available throughout Victoria (DSCV has offices in metropolitan and regional Victoria and is free of charge). Mediation can be conducted at a location convenient to the people involved. If an interpreter is needed, one can be provided for free. To contact DSCV, fill out the contact form on its website at www.disputes.vic.gov.au/about-us/ contact-us. It has closed its telephone enquiry line. Making a complaint about the Magistrates’ Court You can make a complaint about the Magistrates’ Court. Complaints about the conduct of court staff, services provided, court processes or procedures or court facilities must be made in writing and sent to the Complaints Officer at the Melbourne Magistrates’ Court (email: mcvfeedback@courts.vic.gov.au) . A complaints form is available on the Magistrates’ Court website (select ‘Feedback and complaints’ on the homepage). (See also ‘Making a complaint about a judge or magistrate’, below.) Coroners Court The Coroners Court is a specialist inquisitorial court with special tasks to perform. It is a court of inquiry and its role is set by the Coroners Act 2008 (Vic), which came into operation on 1 November 2009. Coroners Courts are open to the public. A coroner’s inquest must be held in certain circumstances, including where: • the coroner suspects homicide; • the deceased was in custody or care immediately before their death; • the identity of the deceased is not known; • the death occurred in prescribed circumstances. The coroner may hold an inquest into any death they are investigating. Any person can request that the coroner hold an inquest into a death. Within three months of receiving a request, the applicant must be advised that the coroner: • has decided to hold an inquest; • has decided that an inquest will not be held; • has not made a decision as to whether or not an inquest will be held and will advise the applicant of the decision when the decision has been made. Unless otherwise ordered by the coroner, the senior next of kin of a deceased person must be given the autopsy report (and any other reports related to medical examinations performed on the deceased). The coroner may make available to a person with a sufficient interest any statements they intend to consider in the course of the inquiry. A person with a sufficient interest who has been granted interested party status in an inquiry may appear before the inquiry and examine or cross-examine witnesses. The person may also, if desired, be represented by a lawyer or, with the permission of the coroner, by some other person. The sorts of people who have been regarded as having a sufficient interest include relatives of the deceased and, in some cases, community organisations and pressure groups. Witnesses may object to giving evidence on the grounds that they may incriminate themselves. However, a coroner is empowered to direct witnesses to give evidence if it is in the interests of justice for the witnesses to give evidence. Witnesses are issued certificates stating that any evidence they give cannot be used against them in any court or before any person or body authorised by the law of the state. Coroners’ assistants are usually police prosecutors. However, when police officers may be involved in a death (e.g. a person dies in police custody), lawyers are engaged to assist the coroner. The coroner attempts to establish the identity of the deceased, the cause of death, and in some cases, the circumstances in which the death occurred. From a public interest point of view, it is important to note that the coroner may comment on any matter