Coroners Court (Form 10 Amendment) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Coroners Court (Form 10 Amendment) Rules 2014 S.R. No. 119/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Form 10 substituted 2 Form 10—Determination by Coroner Following a Request for Autopsy Direction to be Reconsidered 2 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 119/2014 Coroners Act 2008 Coroners Court (Form 10 Amendment) Rules 2014 The State Coroner together with 2 coroners jointly make the following Rules: 1 Object The object of these Rules is to amend the Coroners Court Rules 2009 to substitute Form 10. 2 Authorising provisions These Rules are made under section 105 of the Coroners Act 2008 and all other enabling powers. 3 Commencement These Rules come into operation on 5 September 2014. -- 2 of 6 -- S.R. No. 119/2014 Coroners Court (Form 10 Amendment) Rules 2014 2 Authorised by the Chief Parliamentary Counsel 4 Form 10 substituted For Form 10 of the Coroners Court Rules 20091 substitute— "FORM 10 Rule 35 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE RECONSIDERED Form 10 Rule 35 Section 26 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of: Surname: Given names: *Date of Birth/*Age: having been asked by the senior next of kin to reconsider the direction that an autopsy be performed pursuant to section 26(2) of the Coroners Act 2008 and taken into account their specific concerns, being: [please specify] hereby: *determine that an autopsy is not necessary and appropriate and REVOKE my previous direction regarding *autopsy/*partial autopsy *A reasonable medical cause of death can be established as being: 1(a) 1(b) 1(c) 2 r. 4 -- 3 of 6 -- S.R. No. 119/2014 Coroners Court (Form 10 Amendment) Rules 2014 3 Authorised by the Chief Parliamentary Counsel *determine that an autopsy is necessary and appropriate and *AFFIRM my previous direction regarding *autopsy/*partial autopsy *AMEND my previous direction regarding *autopsy/*partial autopsy *impose the following conditions: [please specify] for the following reasons: [specify reasons] *notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(4) of that Act commence at the time of written notification to the senior next of kin. *AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body: *Nil Toxicology *Full Routine Toxicology ( , ) *Carboxyhaemoglobin saturation ( , ) *Microbiology ( , ) *Blood Alcohol Saturation ( , ) *Other [please specify] ( , ) *AND pursuant to section 26(5)(b), having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, I direct that the autopsy be performed. *AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages. r. 4 -- 4 of 6 -- S.R. No. 119/2014 Coroners Court (Form 10 Amendment) Rules 2014 4 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: [insert coroner's name] Date: Time: NOTE: A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless: (1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or (2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed. Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect. *Delete if inapplicable __________________". Dated: 29 August 2014 IAN GRAY, State Coroner PARESA ANTONIADIS SPANOS, Coroner JACQUI HAWKINS, Coroner ═══════════════ r. 4 -- 5 of 6 -- S.R. No. 119/2014 Coroners Court (Form 10 Amendment) Rules 2014 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Rule 4: S.R. No. 131/2009 as amended by S.R. No. 117/2011. Endnotes -- 6 of 6 --