The Nelson inquest: Relevance of the Victorian Charter to the coronial function of preventing deaths in custody

Abstract

The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of criminal justice system agencies, intended to prevent future deaths in custody. The outcome of the inquest clearly demonstrates that Human Rights Acts can enhance the preventive function of coroners in Australia.