The families of individuals who have died in custody in Victoria face an arduous journey as they seek compensation, with significant delays complicating the process. Five years after the death of Darren Culleton, his family continues to wait for justice, navigating a labyrinthine system that often retraumatizes them.
When a family member dies in custody, several processes follow, including autopsies, investigations, and potentially inquests. Those who decide to sue the Victorian government are often left confronting medical panels that assess the psychological or physical impact of the death. These panels also determine whether a legal claim can proceed against the government or its entities, including police or hospitals. Unfortunately, the wait times for these assessments have increased to an average of nine to ten months for psychological injuries, and eight to ten months for physical injuries.
Critics argue that the rising number of referrals, including those involving children, is a tactic to delay compensation payments. Such delays create additional emotional burdens for families, forcing them to relive traumatic events. Mary Culleton, Darren’s mother, expressed her frustration, stating, “Of course I want it to end. It brings everything back to that day, what happened to him.”
Darren Culleton, aged 30, died in a police van after self-harming in 2021. A coroner’s report in 2023 described his death as a “preventable tragedy” that devastated his family. Coroner David Ryan noted that while police and hospital staff intended to care for him, failures in communication and a lack of training contributed to the circumstances surrounding his death.
The delays in the medical panel process have been confirmed by official communications. An email from Assoc Prof Peter Gibbons, convener of the medical panels, indicated that the demand for hearings has significantly increased, resulting in longer wait times. In September 2025, he noted that the longest wait had reached six months, highlighting the growing backlog.
Darren’s twin brother, Gary Culleton, described how the drawn-out process exacerbated their grief. He had to repeatedly revisit painful details surrounding his brother’s death while also supporting their parents and siblings. “Bringing up things after such a long delay, you forget a lot of major key points,” he said. “I’ve already dealt with the drama of it, but then have to just relive it all again.”
The situation is not unique to the Culleton family. Other families, such as that of Joshua Kerr, a 32-year-old man who died in Port Phillip Prison in 2022, are facing similar challenges. Kerr sought help from prison staff before collapsing but did not receive assistance until it was too late. The coroner’s findings in 2024 deemed his death preventable, citing failures in communication and care.
Aunty Donnas Kerr, Joshua’s mother, is among six family members now referred to the medical panel, which includes his two children. This pattern of indiscriminate referrals has drawn criticism from advocates and legal representatives. Jeremy King from Robinson Gill, who represents both the Culleton and Kerr families, stated that these referrals serve as a “cheap and easy way” for defendants to reduce compensation claims, causing further distress for vulnerable families.
The medical panels have not responded to inquiries regarding their referral numbers or the reasons for increased delays. In response to concerns about the impact of these delays, a spokesperson for the Victorian government said, “We understand the importance of providing hearings in a timely manner and the impact of delays on injured Victorians.” They also noted efforts to reduce processing times through recruitment and increased resources.
As families like the Culletons and the Kerrs wait for resolution, the emotional toll of navigating this complex process continues to weigh heavily. For anyone affected by similar issues, support services such as Lifeline are available at 13 11 14, and the Indigenous crisis hotline can be reached at 13 YARN, 13 92 76.
