Victorian Current Acts

CORONERS ACT 2008

TABLE OF PROVISIONS

           Preamble

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Reportable death  
   5.      Reviewable death  

   PART 2--OBJECTIVES

   6.      Role of objectives  
   7.      Avoiding unnecessary duplication  
   8.      Factors to consider for the purposes of this Act  
   9.      Fairness and efficiency of coronial system  

   PART 3--REPORTING OF DEATHS

   10.     Obligation of registered medical practitioner to report death  
   11.     Obligation to report death of a person placed in custody or care  
   12.     General obligation to report death  
   13.     Obligation to report reviewable death  

   PART 4--INVESTIGATION OF DEATHS AND FIRES

           Division 1--Investigation of deaths

   14.     Deaths a coroner may investigate  
   15.     Deaths a coroner must investigate  
   15A.    Power to direct coronial investigator  
   16.     Determination by coroner that reported death not a reportable death  
   16A.    Investigations and Aboriginal ancestral remains  
   17.     Certain reportable deaths do not require investigation  
   18.     Reviewable deaths may be referred to the Institute  
   19.     State Coroner may investigate a reviewable death  
   20.     Determination by State Coroner that death not a reviewable death  
   21.     Providing relevant persons with coronial process information  
   22.     Control of the body  
   23.     Preliminary examinations  
   24.     Identification directions  
   25.     Autopsies  
   26.     Objections to autopsy  
   27.     Request for autopsy  
   28.     The removal of tissue and preserving material  
   29.     Provision of relevant information by principal registrar  
   29A.    Principal registrar to provide certain information to VIFM  

           Division 2--Investigation of fires

   30.     Fire authority request for fire investigation  
   31.     Application for investigation into a fire  

           Division 3--Assistance to coroner in investigation

   32.     Person who made report of death to assist  
   33.     Registered medical practitioner to assist  
   34.     Person who asks for investigation of fire to assist  
   35.     Fire authority to assist  
   36.     Assistance from police  

           Division 4--Powers relating to investigation

   37.     Restriction of access to place where death occurred or caused or may occur  
   38.     Restriction of access to fire area  
   39.     Powers of entry, search, inspection and possession  
   40.     Power to direct person to produce documents, operate equipment on entry  
   41.     Other powers on entry to premises  
   42.     Documents and prepared statements required by coroner  
   42A.    Privileges in relation to investigations  

           Division 5--Exhumation

   43.     Application for exhumation  
   44.     Power to authorise exhumation  
   45.     Notice of intention to authorise exhumation  
   46.     Authorisation of exhumation  

           Division 6--General

   47.     Release of body  
   48.     Application to coroner for release of body  
   49.     Notices and provision of information by principal registrar  
   50.     Protection against self-incrimination  
   51.     Aid to coroners in other places  

   PART 5--INQUESTS INTO DEATHS AND FIRES

           Division 1--Types of inquests

   52.     Inquest into a death  
   53.     Inquest into a fire  
   54.     Inquest into multiple deaths and fires  

           Division 2--Powers of coroners at inquests

   55.     Coroners' powers at inquests  
   56.     Interested party  
   57.     Privilege in respect of self-incrimination in other proceedings  
   58.     Privileges in relation to inquests  
   59.     Issue of warrant to arrest  
   60.     Coroner may be assisted  

           Division 3--Process at inquest

   61.     Advertisement of an inquest  
   62.     Coroner not bound by rules of evidence  
   63.     Record of evidence  
   64.     Witnesses to be called and relevant issues  
   65.     Inquest to be conducted with little formality  
   66.     Rights of interested parties  

   PART 6--FINDINGS, RECOMMENDATIONS AND REFERRALS

   67.     Findings of coroner investigating a death  
   68.     Findings of coroner investigating a fire  
   69.     Findings not to contain statement regarding guilt  
   70.     Apology or reduction or waiver of fees  
   71.     Findings not required if inquest not held or discontinued  
   72.     Reports and recommendations  
   73.     Publication of findings and reports  
   74.     Power of coroner to award costs  
   74A.    Power of coroner to pay witness allowances and expenses  
   75.     Legal protection of Australian lawyers, witnesses and interested parties  
   76.     Correction of errors  
   76A.    Amendment of wording of decision  
   77.     Re-opening an investigation or setting aside a finding  

   PART 7--APPEALS TO SUPREME COURT

   78.     Appeal in relation to determination that death not a reportable death  
   79.     Appeals in relation to autopsy  
   80.     Appeal in relation to determination of coroner not to investigate a fire  
   81.     Appeal in relation to exhumation  
   82.     Appeal in relation to determination not to hold an inquest  
   83.     Appeal against findings of coroner  
   84.     Appeal against refusal by Coroners Court to re‑open investigation  
   85.     Appeal against order to release body  
   86.     Supreme Court may grant an extension of time  
   87.     Appeal to Supreme Court  
   87A.    Appeal to Supreme Court in the interests of justice  
   88.     Determinations of Supreme Court  

   PART 8--THE CORONERS COURT

           Division 1--Establishment of Coroners Court of Victoria

   89.     The Coroners Court  
   90.     Where and when Coroners Court to be held  
   91.     State Coroner  
   92.     Deputy State Coroner  
   93.     Assignment of magistrates and reserve magistrates to be coroners  
   94.     Appointment of coroners  
   95.     Oath or affirmation of office  
   95A.    Administrative responsibility of State Coroner  
   96.     Assignment of duties  
   97.     Registrars of the Coroners Court and the chief executive officer  
   98.     Functions of registrars  
   99.     Delegation from the State Coroner to a registrar  
   100.    Delegation from State Coroner to a coroner  
   101.    Protection of coroners and registrars  
   101A.   Constitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances  
   102.    Annual report  
   102AA.  Coroners Court may issue or transmit court documents electronically  

           Division 1A--Judicial registrars

   102A.   Assignment of duties  
   102B.   Guidelines relating to the appointment of judicial registrars  
   102C.   Recommendations for appointment of judicial registrars  
   102D.   Appointment by Governor in Council  
   102E.   Remuneration and terms and conditions of appointment  
   102EA.  Oath or affirmation of office  
   102F.   Resignation from office  
   102J.   Performance of duties by judicial registrar  
   102K.   Appeal from or review of decisions of judicial registrar  

           Division 1B--Reserve coroners

   102L.   Appointment of reserve coroners  
   102M.   Cessation of office  
   102N.   State Coroner may engage reserve coroner to undertake duties of coroner  
   102O.   Powers, jurisdiction, immunities and protection of reserve coroner  
   102P.   Engaging in legal practice or other paid employment  
   102Q.   Salary, allowances and other conditions of service of reserve coroners  
   102R.   Appropriation of certain amounts in relation to reserve coroners  
   102S.   Power to complete matters—coroners and reserve coroners  

           Division 1C--Victorian Systemic Review of Family Violence Deaths unit

   102T.   Definitions  
   102U.   Establishment of the VSRFVD  
   102V.   Membership of the VSRFVD  
   102W.   Functions of the VSRFVD  

           Division 2--Contempt of Court

   103.    Contempt  
   104.    Appeal from finding of contempt  

           Division 3--Rules of Court and practice notes

   105.    Rules of the Coroners Court  
   106.    Disallowance  
   107.    Practice notes  

           Division 4--Miscellaneous

   108.    Professional development and training  
   108A.   State Coroner may enter into service agreements  

   PART 9--CORONIAL COUNCIL OF VICTORIA

   109.    Coronial Council of Victoria  
   110.    Function of the Council  
   111.    Members of the Council  
   112.    Procedure at meetings  
   113.    Annual report  

   PART 10--GENERAL

   114.    Return and possession of things  
   115.    Access to documents  
   116.    Registers to be kept by principal registrar  
   117.    Regulations  
   118.     Fees  
   118A.   Review of amendments made by Part 3 of the Justice Legislation Miscellaneous Amendment Act 2018  
   119.    Transitional and saving provisions  
   120.    Transitional provision—Courts Legislation Miscellaneous Amendments Act 2014  
   121.    Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018  
   122.    Transitional provision—Justice Legislation Amendment Act 2023  
           SCHEDULE 1
           ENDNOTES