Last updated 20 January 2022

In addition to the review options outlined above, you may also be able to seek judicial review of recommendations or findings made by a coroner.

Judicial review is narrower than other forms of appeal or review. A court undertaking judicial review of a decision will consider the legality of the decision, rather than the merits of the decision. In other words, the issue before the court is whether the decision was made in accordance with the law and procedural requirements, not whether the decision was a good decision.

For more information about judicial review generally, refer to the Queensland Law Handbook chapters on Complaints against Government—Judicial Review and Complaints against Government—Administrative Appeals. In the coronial context, this would mean considering whether the coroner was legally permitted to make the relevant findings or recommendations, not whether the findings or recommendations were justified based on the evidence or circumstances of the case.

Examples of the grounds on which you may seek judicial review of a coronial finding or recommendation include:

  • breach of procedural fairness or natural justice
  • fraud
  • bias
  • an error of law on the face of the record
  • a jurisdictional error
  • unreasonableness (s 21 Judicial Review Act 1991 (Qld) (Judicial Review Act)).

You must apply to the Supreme Court for a judicial review within 28 days of the contested decision being made (s 26 Judicial Review Act).

Decisions by coroners that have been the subject of judicial review in Queensland were, for example, a decision: