The human cost of appeals and the limits of judicial review

Last week, Justice Ross handed down his decision in Priest v West, the first Victorian Supreme Court decision reviewing a coroner's decision on the application of s57 of the Coroners Act 2008. That provision, which is closely modelled on s128 of the Uniform Evidence Act, preserves the privilege against self-incrimination in coronial inquests, but allows coroners to override the privilege while providing the witness with a certificate that guarantees use immunity and derivative use immunity to the evidence.