Coroners Court (Amendment No. 1) Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Coroners Court (Amendment No. 1) Rules 2011 S.R. No. 117/2011 TABLE OF PROVISIONS Rule Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Seal of the Coroners Court 1 6 New Rule 15A inserted 2 15A Summons must be served personally 2 7 Service of document by the Coroners Court 2 8 Affidavit of service 2 9 Determination by coroner that reported death not a reportable death 2 10 Determination by State Coroner that death not a reviewable death 2 11 Preliminary examinations 3 12 Identification procedure 3 13 Direction for autopsy 3 14 Senior next of kin to be advised of removal of tissue direction 3 15 Application to coroner for release of body 3 16 Publication of the details of an inquest 3 17 Interested party 3 18 Findings of coroner investigating a death 3 19 Findings of coroner investigating a fire 4 20 Findings not required if inquest not held or discontinued 4 21 New rule 62A inserted 4 62A Suppression of findings by coroner 4 22 Publication of findings and reports 4 23 New rule 64A inserted 5 64A Publication of determination, ruling or order 5 24 New Order 9A inserted 5 ORDER 9A—Allowances and Reimbursement of Expenses 5 66A Attendance expenses for expert witnesses 5 66B Allowances and expenses of witnesses other than expert witnesses 6 66C Meals 6 66D Accommodation 7 -- 1 of 96 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 66E Travelling 8 66F Evidence of expenses etc. to be produced 8 25 Forms 1 to 45 substituted 9 Form 1—Affidavit of Service 9 Form 2—Determination by Coroner that Reported Death is not a Reportable Death 11 Form 2A—Determination to Discontinue the Investigation 13 Form 3—Determination that Reportable Death does not require Further Investigation 15 Form 4—Direction to Refer Reviewable Death to the Victorian Institute of Forensic Medicine 17 Form 5—Advice of Non-Referral of Reviewable Death to the Victorian Institute of Forensic Medicine 18 Form 6—Determination by Coroner that Reported Death is not a Reviewable Death 19 Form 7—Identification Direction 21 Form 8—Determination by Coroner of Identity of Deceased 22 Form 9—Direction Regarding Autopsy 24 Form 10—Determination by Coroner Following a Request for Autopsy Direction to be Reconsidered 28 Form 11—Decision by Coroner in Relation to Request For Autopsy 31 Form 12—Advice to Coroner Regarding Preservation of Tissue or Material 32 Form 13—Direction to Preserve Tissue or Material 33 Form 14—Request for Release of Preserved Tissue or Material 35 Form 15—Order to Release Preserved Tissue or Material 37 Form 16—Request to Investigate a Fire 38 Form 17—Determination Following a Request to Investigate a Fire 39 Form 18—Authorisation by Coroner to a Member of the Police Force 40 Form 19—Result of Search 43 Form 20—Application for Exhumation 45 -- 2 of 96 -- Rule Page iii Authorised by the Chief Parliamentary Counsel Form 21—Determination to Refuse an Application for Exhumation 47 Form 22—Notice of Intention to Authorise Exhumation 49 Form 23—Authorisation of Exhumation 51 Form 24—Order for Release of Body 53 Form 25—Application for the Release of Body 55 Form 26—Request for Inquest into Death 57 Form 27—Request for Inquest into Fire 58 Form 28—Decision by Coroner Whether or not to Hold an Inquest into Death 59 Form 29—Decision by Coroner Whether or not to Hold an Inquest into Fire 61 Form 30—Order Excluding a Person or Class of Person From an Inquest 62 Form 31—Application for Leave to Appear as an Interested Party 63 Form 32—Privilege in Respect of Self Incrimination in other Proceedings 65 Form 33—Warrant to Arrest 67 Form 34—Application to Access or Have Released Seized or Received Thing 69 Form 35—Order by Coroner to Access Seized or Received Thing 71 Form 36—Order by Coroner to Release or Destroy Seized or Received Thing 73 Form 37—Finding into Death With Inquest 75 Form 38—Finding into Death Without Inquest 77 Form 39—Finding into Fire With Inquest 79 Form 40—Finding into Fire Without Inquest 81 Form 41—Determination that Inquest will not be Held or will be Discontinued 82 Form 42—Suppression Order 83 Form 43—Application to Set Aside Finding 85 Form 44—Determination Following Application to Set Aside Finding 87 -- 3 of 96 -- Rule Page iv Authorised by the Chief Parliamentary Counsel Form 45—Application for Access to Coronial Documents/Inquest Transcript 89 ═══════════════ ENDNOTES 92 -- 4 of 96 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 117/2011 Coroners Act 2008 Coroners Court (Amendment No. 1) Rules 2011 The State Coroner together with 2 coroners jointly make the following rules: 1 Objective The object of these Rules is to amend the Coroners Court Rules 2009 to make miscellaneous amendments. 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 31 October 2011. 4 Principal Rules In these Rules the Coroners Court Rules 20091 are called the Principal Rules. 5 Seal of the Coroners Court At the end of Rule 6 of the Principal Rules insert— "(2) Any order or finding made by a coroner must bear the seal of the Coroners Court.". -- 5 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 2 Authorised by the Chief Parliamentary Counsel 6 New Rule 15A inserted After Rule 15 of the Principal Rules insert— "15A Summons must be served personally Unless the Rules otherwise provide or the Coroners Court otherwise orders a summons must be served personally.". 7 Service of document by the Coroners Court In Rule 20 of the Principal Rules— (a) for "any notice or other" substitute "a"; (b) for "the notice or" substitute "the". 8 Affidavit of service In Rule 21(3) of the Principal Rules, for "a document or summons" substitute "a summons or any other document". 9 Determination by coroner that reported death not a reportable death (1) In Rule 24 of the Principal Rules, for "section 16" substitute "section 16(1)". (2) At the end of Rule 24 of the Principal Rules insert— "(2) A determination made by a coroner under section 16(5) of the Act must be in Form 2A.". 10 Determination by State Coroner that death not a reviewable death In Rule 28 of the Principal Rules, for "section 19" substitute "section 20". r. 6 -- 6 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 3 Authorised by the Chief Parliamentary Counsel 11 Preliminary examinations (1) In Rule 30(1) of the Principal Rules, for "section 23" substitute "section 23(2)". (2) In Rule 30(3) of the Principal Rules, for "A report" substitute "Unless a coroner otherwise orders, a report". 12 Identification procedure In Rule 32(1) of the Principal Rules, after "a body" insert "under section 24". 13 Direction for autopsy For Rule 33(2) of the Principal Rules substitute— "(2) Notification of the direction for an autopsy must be provided to a medical investigator, in electronic form, as soon as practicable.". 14 Senior next of kin to be advised of removal of tissue direction In Rule 38(2)(e)(ii) of the Principal Rules, for "may" substitute "must". 15 Application to coroner for release of body In Rule 48 of the Principal Rules, for "section 48" substitute "section 48(2)". 16 Publication of the details of an inquest In Rule 51(1) of the Principal Rules, after "must" insert ", under section 61 of the Act,". 17 Interested party In Rule 53(1) of the Principal Rules, for "A" substitute "Under section 56 of the Act, a". 18 Findings of coroner investigating a death In Rule 60 of the Principal Rules, for "The" (wherever occurring) substitute "Under section 67 of the Act, the". r. 11 -- 7 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 4 Authorised by the Chief Parliamentary Counsel 19 Findings of coroner investigating a fire In Rule 61 of the Principal Rules, for "The" (wherever occurring) substitute "Under section 68, the". 20 Findings not required if inquest not held or discontinued (1) For Rule 62(1) of the Principal Rules substitute— "(1) If, under section 71 of the Act, a coroner is not required to make any of the findings specified in section 67(1) of the Act in respect of a death, the coroner must complete a determination.". (2) In Rule 62(2) of the Principal Rules, for "notification" substitute "determination". 21 New rule 62A inserted After Rule 62 of the Principal Rules insert— "62A Suppression of findings by coroner (1) A coroner may by order suppress a finding in whole or in part in respect of a death or a fire. (2) An order made under subrule (1) may be by the coroner's own motion or by request of a person. (3) An order made under subrule (1) may be published on the website of the Coroners Court as soon as possible.". 22 Publication of findings and reports (1) In Rule 64(1) of the Principal Rules, for "73(2)" substitute "73(1)". r. 19 -- 8 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 5 Authorised by the Chief Parliamentary Counsel (2) After Rule 64(2) of the Principal Rules insert— "(3) Unless otherwise ordered by a coroner, the findings, comments and recommendations made by a coroner in respect of a death or a fire in respect of which an inquest has not been held may be published on the website of the Coroners Court as soon as practicable.". 23 New rule 64A inserted After Rule 64 of the Principal Rules insert— "64A Publication of determination, ruling or order Without limiting any power of the Coroners Court, a coroner may order that a determination, ruling or order made by the coroner be published on the website of the Coroners Court as soon as practicable.". 24 New Order 9A inserted After Order 9 of the Principal Rules insert— "ORDER 9A ALLOWANCES AND REIMBURSEMENT OF EXPENSES 66A Attendance expenses for expert witnesses Unless a coroner otherwise orders, a witness who is called to give evidence at the Coroners Court in a professional or expert capacity is entitled to an amount of up to $300 per hour but not exceeding $1500 per day for loss of income in attending the Court. r. 23 -- 9 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 6 Authorised by the Chief Parliamentary Counsel 66B Allowances and expenses of witnesses other than expert witnesses (1) This rule applies to a witness who is called to give evidence at the Coroners Court other than in a professional or expert capacity. (2) If the witness is engaged in an income producing vocation and loses income because of his or her attendance at the Coroners Court, the witness is entitled to an amount of up to $100 per hour, not exceeding $601 per day, for the time spent in attendance at the Court. (3) If the witness incurs childcare expenses because of his or her attendance at the Coroners Court the witness is entitled to those reasonable childcare expenses incurred. 66C Meals (1) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 1 for meals during his or her absence if the witness is absent from his or her home overnight. Table 1 Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95 r. 24 -- 10 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 7 Authorised by the Chief Parliamentary Counsel (2) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 2 for meals during his or her absence if the witness is absent for a part of a day only, departing and returning the same day. Table 2 Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30 (3) Despite subrule (1) or (2), a witness is only entitled to an allowance— (a) for breakfast, if he or she is absent from his or her home between 7.00 a.m. and 9.30 a.m.; (b) for lunch, if he or she is absent from his or her home between 12.00 p.m. and 3.00 p.m.; (c) for dinner, if he or she is absent from his or her home between 5.00 p.m. and 7.00 p.m. 66D Accommodation A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home overnight because of his or her attendance at the Court is entitled to the cost incurred by him or her of alternative accommodation up to a maximum of $150.00 for each night of his or her absence. r. 24 -- 11 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 8 Authorised by the Chief Parliamentary Counsel 66E Travelling (1) A witness who is called to give evidence at the Coroners Court is entitled to be reimbursed in respect of the expense of travelling to and from the Court equal to the cost of the most economical form of transport having regard to the total expense of attending the Court. (2) For the purposes of subrule (1), if the witness uses his or her own vehicle, he or she is entitled to a reimbursement of 18 cents for each kilometre travelled to or from the Court. 66F Evidence of expenses etc. to be produced The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar— (a) in the case of rule 66B(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation; (b) in the case of rule 66B(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses; (c) in the case of rule 66C, evidence that the witness was absent from his or her home by reason of attendance at the Coroners Court at the relevant times; r. 24 -- 12 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 9 Authorised by the Chief Parliamentary Counsel (d) in the case of rule 66D, evidence of the expenditure or cost incurred by the witness; (e) in the case of rule 66E(1), evidence of the costs of the most economical form of transport. __________________". 25 Forms 1 to 45 substituted For Forms 1 to 45 of the Principal Rules substitute— "FORM 1 Rule 21 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: AFFIDAVIT OF SERVICE Form 1 Rule 21 Section 55(2)(a) of the Coroners Act 2008 In the matter of the investigation into the *death of/*fire at [name of deceased/location of fire] I, [full name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s): [describe the document(s) served] *by leaving it with *him/*her personally at [address] *by delivering it to *his/*her place of residence to [name] a person apparently over the age of 16 years and residing there at [address] *by delivering it to *his/*her place of residence to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business r. 25 -- 13 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 10 Authorised by the Chief Parliamentary Counsel *by posting it by prepaid ordinary post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address] *by leaving it at [address]/*by sending it by post to the registered office of that corporation at [address] *by posting it by registered post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address]/*by giving to [name] at [address] *by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address] on [day of week], the day of 20 at *a.m./p.m. *Sworn/*Affirmed at [place] in the State of Victoria on [date] Before ⎫ ⎪ ⎬ ⎪ ⎭ [Signed by person] authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit. [Name and address in legible writing, typing or stamp] *Delete if inapplicable __________________ r. 25 -- 14 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 11 Authorised by the Chief Parliamentary Counsel FORM 2 Rule 24(1) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE DEATH Form 2 Rule 24(1) Section 16(1) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: Death occurred *on or about/*on/*between: Place of death: reported by— Details of reporting person: Title (Mr, Mrs, Ms, Dr, etc): Surname: Given name: *Organisation: *Position: determine the death is not a reportable death pursuant to the Coroners Act 2008 because: Reason(s) for decision: r. 25 -- 15 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 12 Authorised by the Chief Parliamentary Counsel Accordingly under section 16(3) of the Coroners Act 2008, I discontinue the investigation into the death. Signature: _______________________________________ Coroner's name: Date: NOTE: Under section 78 of the Coroners Act 2008, an appeal can be made to the Supreme Court of Victoria within 3 months after the day on which the determination of the coroner is made. *Delete if inapplicable __________________ r. 25 -- 16 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 13 Authorised by the Chief Parliamentary Counsel FORM 2A Rule 24(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION TO DISCONTINUE THE INVESTIGATION Form 2A Rule 24(2) Section 16(5) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: Death occurred *on or about/*on/*between: Place of death: reported by— Details of reporting person: Title (Mr, Mrs, Ms, Dr, etc): Surname: Given name: *Organisation: *Position: am satisfied on the basis of the following material(s) available to me in this investigation: [list materials] that the death probably occurred more than 100 years before the [date death was reported to the Coroners Court]. Accordingly pursuant to section 16(5) of the Coroners Act 2008, I am discontinuing the investigation into the death. r. 25 -- 17 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 14 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 18 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 15 Authorised by the Chief Parliamentary Counsel FORM 3 Rule 25 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION THAT REPORTABLE DEATH DOES NOT REQUIRE FURTHER INVESTIGATION Form 3 Rule 25 Section 17 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname] without holding an inquest— Find that the identity of the deceased was: Surname: Given names: Date of *Birth*Age Death occurred *on or about/*on/*between Place of death: Cause of death: 1(a) 1(b) 1(c) 2 and pursuant to section 17 of the Coroners Act 2008, having considered the report of a medical investigator that contains an opinion that this death was due to natural causes determine that no further investigation is required. *I direct a copy of this finding be provided to the following: r. 25 -- 19 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 16 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 20 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 17 Authorised by the Chief Parliamentary Counsel FORM 4 Rule 26 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DIRECTION TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE Form 4 Rule 26 Section 18 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner direct that: Details of deceased: Surname: Given names: *Date of Birth/*Age (if known): be referred to the Victorian Institute of Forensic Medicine. Under section 18 of the Coroners Act 2008, information held by the Coroners Court is to be given by the Principal Registrar to the Institute as I consider it necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985. Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 21 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 18 Authorised by the Chief Parliamentary Counsel FORM 5 Rule 27 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ADVICE OF NON-REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE Form 5 Rule 27 Section 19 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: which is or may be a reviewable death, do not intend to refer this death to the Victorian Institute of Forensic Medicine. I direct that a copy of this direction be provided to the Institute under section 19(2) of the Coroners Act 2008. Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 22 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 19 Authorised by the Chief Parliamentary Counsel FORM 6 Rule 28 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REVIEWABLE DEATH Form 6 Rule 28 Section 20 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: Death occurred *on or about/*on/*between: Place of death: reported by— Details of reporting person: Title (Mr, Mrs, Ms, Dr, etc): Surname: Given name: *Organisation: *Position: determine the death is not a reviewable death pursuant to the Coroners Act 2008 because: Reason(s) for decision: r. 25 -- 23 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 20 Authorised by the Chief Parliamentary Counsel Accordingly— Under section 20(3) of the Coroners Act 2008, I discontinue the investigation into the death. Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 24 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 21 Authorised by the Chief Parliamentary Counsel FORM 7 Rule 31 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: IDENTIFICATION DIRECTION Form 7 Rule 31 Section 24 of the Coroners Act 2008 To [name of medical investigator], I, [name] *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Believed to be [name] direct that you assess and perform the appropriate identification procedure(s) on the deceased: [insert procedures] and as soon as practicable after completion of the identification procedure, prepare and deliver the identification report to the Coroner. Signature: _______________________________________ Coroner's name: Date: Time: *Delete if inapplicable __________________ r. 25 -- 25 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 22 Authorised by the Chief Parliamentary Counsel FORM 8 Rule 32 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION BY CORONER OF IDENTITY OF DECEASED Form 8 Rule 32 Section 24 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the following information available to me at this time: *Police report of death (*Police Form 83/*Police Form 47) *Report of Medical Investigator *Hospital/Clinical Records *Fingerprint report *Medical Certificate of Cause of Death *Initial Family Contact Form *Other: [please specify] Determine that the identity of the deceased is: Surname: Given names: *Date of Birth/*Age: For the following reasons: [insert reasons] r. 25 -- 26 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 23 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: Time: *Delete if inapplicable __________________ r. 25 -- 27 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 24 Authorised by the Chief Parliamentary Counsel FORM 9 Rule 33 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DIRECTION REGARDING AUTOPSY Form 9 Rule 33 Section 25 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: having taken into account the following information available to me at this time: *Police report of death (*Police Form 83/*Police Form 47) *Statement of Identification *Preliminary Examination Report *Medical Deposition *Hospital/Clinical Records *Medical Certificate of Cause of Death *Initial Family Contact Form *Other: [please specify] and having noted: *the following specific concerns raised by the senior next of kin prior to making this direction: [please specify] *it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located. r. 25 -- 28 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 25 Authorised by the Chief Parliamentary Counsel *that the person making the request for an autopsy direction is the senior next of kin. *that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin. direct that the medical investigator: *perform an autopsy OR *perform an autopsy with the following conditions: [specify conditions] *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(2) of that Act commence at the time of notification to the senior next of kin. OR *perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(i) of the Coroners Act 2008 because it is believed appropriate in the circumstances. OR *perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(ii) of the Coroners Act 2008 because there is no senior next of kin or the next of kin cannot be located. OR *pursuant to section 26(5)(b) of the Coroners Act 2008, 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, direct that the autopsy be performed forthwith. r. 25 -- 29 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 26 Authorised by the Chief Parliamentary Counsel OR *not perform an autopsy, as it is my opinion that a reasonable medical cause of death can be established as being: 1(a) 1(b) 1(c) 2 *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 (*Ante Mortem/*Post Mortem) *Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem) *Microbiology (*Ante Mortem/*Post Mortem) *Blood Alcohol Saturation (*Ante Mortem/*Post Mortem) *Other [please specify] (*Ante Mortem/*Post Mortem) *AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages Signature: _______________________________________ Coroner's name: Date: Time: NOTE: Under section 26 of the Coroners Act 2008, within 48 hours from receiving notice, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed. r. 25 -- 30 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 27 Authorised by the Chief Parliamentary Counsel 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 __________________ r. 25 -- 31 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 28 Authorised by the Chief Parliamentary Counsel 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 *determine that an autopsy is necessary *determine that an autopsy is necessary but impose the following conditions: [please specify] *order that an autopsy not be performed, as it is my opinion that a reasonable medical cause of death can be established as being: 1(a) 1(b) 1(c) 2 r. 25 -- 32 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 29 Authorised by the Chief Parliamentary Counsel 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(2) 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 (*Ante Mortem/*Post Mortem) *Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem) *Microbiology (*Ante Mortem/*Post Mortem) *Blood Alcohol Saturation (*Ante Mortem/*Post Mortem) *Other [please specify] (*Ante Mortem/*Post Mortem) *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 Signature: _______________________________________ Coroner's name: Date: Time: r. 25 -- 33 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 30 Authorised by the Chief Parliamentary Counsel 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 __________________ r. 25 -- 34 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 31 Authorised by the Chief Parliamentary Counsel FORM 11 Rule 36 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DECISION BY CORONER IN RELATION TO REQUEST FOR AUTOPSY Form 11 Rule 36 Section 27 of the Coroners Act 2008 Notice to [name of applicant], I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request for autopsy from [name of applicant] in respect of the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: have decided not to order an autopsy for the following reasons: [specify reasons] Signature: _______________________________________ Coroner's name: Date: Time: NOTE: Under section 79 of the Coroners Act 2008, if a decision is made to refuse the request, the senior next of kin or the person who requested the autopsy may appeal to the Supreme Court of Victoria within 48 hours after the person receives notice of the refusal. *Delete if inapplicable __________________ r. 25 -- 35 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 32 Authorised by the Chief Parliamentary Counsel FORM 12 Rule 37(3) Court Reference: ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL Form 12 Rule 37(3) Section 28(2) of the Coroners Act 2008 Details of deceased: Surname: Given names: *Date of Birth/*Age: I, [name of Medical Investigator], request the Coroner to make a direction to enable the following tissue(s)/material(s) to be preserved: •[list tissue and/or material] For the following reasons: [specify reasons] I anticipate the duration for preservation will be approximately: *day(s)/*week(s)/*month(s) (if different durations, please specify below): •[list tissue, material and durations] *It is my opinion, that the following restrictions should be placed on the release of the tissue(s)/material(s): •[list restrictions] Signature of Medical Investigator: _______________________________________ Name of Medical Investigator: Date: Time: *Delete if inapplicable __________________ r. 25 -- 36 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 33 Authorised by the Chief Parliamentary Counsel FORM 13 Rule 37(4) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DIRECTION TO PRESERVE TISSUE OR MATERIAL Form 13 Rule 37(4) Section 28 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: direct [name of Medical Investigator] *to preserve *not to preserve tissue/material as set out in the written request dated [insert date] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in your written request. *The tissue/material is to be preserved for *day(s)/*week(s)/*month(s) (If different durations are required for different tissues/materials, specify below): •[list tissue material] *The following restrictions are imposed: •[list restrictions] r. 25 -- 37 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 34 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: Time: *Delete if inapplicable __________________ r. 25 -- 38 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 35 Authorised by the Chief Parliamentary Counsel FORM 14 Rule 38(3) Court Reference: REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL Form 14 Rule 38(3) Section 28 of the Coroners Act 2008 I, [name and title of staff member], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin (or his or her delegate) of: Details of deceased: Surname: Given names: *Date of Birth/ *Age[if known]: request that the following tissue(s) or other material(s) be released following the medical examination without the body: •[list tissue(s) or other material(s)] *to the senior next of kin or the nominated funeral director, [name of funeral director], to: *cremate *bury *other method of disposal: [please specify] *to the Victorian Institute of Forensic Medicine to: *cremate, and reunite the ashes with the other ashes *cremate, and scatter the ashes at the Bunurong Memorial Park *bury *other method of disposal: [please specify] r. 25 -- 39 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 36 Authorised by the Chief Parliamentary Counsel *And I have informed the senior next of kin of the direction of the coroner to impose restrictions in relation to the tissue(s) or other material(s) because of public health and safety concerns or in the interests of justice. Signature: _______________________________________ Date: Time: *Delete if inapplicable __________________ r. 25 -- 40 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 37 Authorised by the Chief Parliamentary Counsel FORM 15 Rule 38(5) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ORDER TO RELEASE PRESERVED TISSUE OR MATERIAL Form 15 Rule 38(5) Section 28 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the [tissue(s)/material(s)] without the body. Signature: _______________________________________ Coroner's name: Date: Time: *Delete if inapplicable __________________ r. 25 -- 41 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 38 Authorised by the Chief Parliamentary Counsel FORM 16 Rule 39(1) Court Reference: [if known]: REQUEST TO INVESTIGATE A FIRE Form 16 Rule 39(1) Sections 30 and 31 of the Coroners Act 2008 I [name], from the: *Country Fire Authority *Metropolitan Fire and Emergency Services Board *Other, please specify: of [requestor's address], request the Coroner to investigate: Details of fire: Location of fire: Fire occurred *on*about*between: for the following reason(s): [specify reasons] Signature: _______________________________________ Date: *Delete if inapplicable __________________ r. 25 -- 42 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 39 Authorised by the Chief Parliamentary Counsel FORM 17 Rule 39(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE Form 17 Rule 39(2) Sections 30 and 31 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request to investigate the following fire: Details of fire: Location of fire: Fire occurred *on/*between: from the requestor: Surname: Given name: *Organisation: Address: *determine that the fire will be investigated *determine that the fire will not be investigated pursuant to section *30(2)/*31(2) of the Coroners Act 2008, for the following reason(s): [specify reasons] Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 43 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 40 Authorised by the Chief Parliamentary Counsel FORM 18 Rule 43 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: AUTHORISATION BY CORONER TO A MEMBER OF THE POLICE FORCE Form 18 Rule 43 Sections 39, 40 and 41 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner *investigating the death of: Surname: Given names: *Date of Birth/*Age: *investigating the fire: Location of fire: Fire occurred *on/*between: under section 39 of the Coroners Act 2008 authorise: [Name of investigating officer], a member of the police force to exercise the following powers with any assistance that is required pursuant to section 39(3) of the Coroners Act 2008 *to break, enter and search [place of death/incident] using reasonable force if required, and upon entry to the premises, exercise the powers under section 40 and/or section 41 of the Act (reasonable force can only be exercised by a member of the police force); *to take a copy or copies of documents relevant to the investigation; *to seize things (including documents) which may be relevant to the investigation; r. 25 -- 44 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 41 Authorised by the Chief Parliamentary Counsel *to take samples which may be relevant to the investigation; as specified in the Schedule below in that place, that may be of assistance in investigating the above-mentioned *death/*fire. Schedule: The powers contained in this authorisation must be exercised at or between the hours of [time] and [time] during the period commencing [day eg 1st, 2nd, 3rd] of [month] [year], and concluding [day eg 1st, 2nd, 3rd] of [month] [year]. This period is not to exceed 30 days after the date of this authority. Signature: _______________________________________ Coroner's name: Date: NOTE: Section 40(1) of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may direct a person at the premises— (a) to produce a document located at the premises that is in the person’s possession or control; or (b) to operate equipment or access information from the equipment. Section 40(2) of the Coroners Act 2008 provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of police force under section 40(1) of that Act. Section 41 of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may— (a) take photographs, or make audio or audiovisual recordings, at the premises; (b) bring any equipment or materials to the premises that may be required; (c) seal a thing or lock the premises; r. 25 -- 45 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 42 Authorised by the Chief Parliamentary Counsel (d) analyse, measure, or test any thing at the premises with equipment brought to the premises or that is already at the premises; (e) do any other thing that is reasonably necessary for the coroner or member of the police force to investigate the death or fire. *Delete if inapplicable __________________ r. 25 -- 46 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 43 Authorised by the Chief Parliamentary Counsel FORM 19 Rule 43(3) Court Reference: RESULT OF SEARCH Form 19 Rule 43(3) Section 39 of the Coroners Act 2008 Investigation into the: *Death of: [name of deceased] *Fire at: [location of fire] *Authority executed by [name] at [time] *am/*pm on [date]. *This Authority is returned unexecuted because: [insert reason] Copy of Authority served on [name] (*owner/*occupier/*person in charge of premises) of [address]. Description of how person served: Thing(s) seized: [attach additional pages if insufficient space] The items listed above are retained under my control unless otherwise ordered by the coroner. *Coroner’s direction(s): [complete if required] r. 25 -- 47 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 44 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ At: [place] Date: Report of search forwarded on: [date] Surname: Rank and Registration No.: *Delete if inapplicable __________________ r. 25 -- 48 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 45 Authorised by the Chief Parliamentary Counsel FORM 20 Rule 44(1) Court Reference: [if known]: APPLICATION FOR EXHUMATION Form 20 Rule 44(1) Section 43 of the Coroners Act 2008 Details of applicant: Organisation (if applicable): Title (Mr, Mrs, Ms Dr, etc.): Surname: Given name: Relationship to deceased (if any): Contact number(s): Email: Postal address: apply to the Coroner for an authorisation of an exhumation of the body of: Details of deceased: Surname: Given names: *Date of birth/*Age (if known): Gender: Date of death (if known): Place of death (if known): from the following place: Details of burial: Date of burial: Location of burial: [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave] Reason(s) for application: r. 25 -- 49 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 46 Authorised by the Chief Parliamentary Counsel Signature of applicant: Date: *Delete if inapplicable __________________ r. 25 -- 50 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 47 Authorised by the Chief Parliamentary Counsel FORM 21 Rule 44(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION TO REFUSE AN APPLICATION FOR EXHUMATION Form 21 Rule 44(2) Section 43(3) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of: Details of applicant: Title (Mr, Mrs, Ms, Dr, etc): Surname: Given name: Organisation (if applicable): Relationship to deceased (if any): to exhume: Details of deceased (if known): Surname: Given names: *Date of Birth/*Age: refuse to authorise the exhumation for the following reasons: [specify reason(s) for refusal] r. 25 -- 51 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 48 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: An appeal can be made to the Supreme Court of Victoria within 3 months after the refusal to authorise the exhumation of a body under section 81(3) and (4) of the Coroners Act 2008. *Delete if inapplicable __________________ r. 25 -- 52 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 49 Authorised by the Chief Parliamentary Counsel FORM 22 Rule 46(1) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: NOTICE OF INTENTION TO AUTHORISE EXHUMATION Form 22 Rule 46(1) Section 45 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of: Details of deceased (if known): Surname: Given names: *Date of Birth/*Age: intend to authorise the exhumation of the body of the deceased. The deceased is buried at [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]: *on my own motion under section 44 of the Coroners Act 2008; *based on an application made under section 43 of the Coroners Act 2008; AND order that notice of this intention is given to: *[name of senior next of kin]; *[name of cemetery trust], responsible for the public cemetery; *[name of owner of land], owner of the land where the place of interment is located, pursuant to the Cemeteries and Crematoria Act 2003. r. 25 -- 53 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 50 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: The senior next of kin may provide written suggestions as to how and whether the proposed exhumation should be conducted and he or she may appeal to the Supreme Court of Victoria under Part 7 of the Coroners Act 2008 against the authorisation under section 46 of that Act. *Delete if inapplicable __________________ r. 25 -- 54 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 51 Authorised by the Chief Parliamentary Counsel FORM 23 Rule 46(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: AUTHORISATION OF EXHUMATION Form 23 Rule 46(2) Section 46 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of: Details of deceased (if known): Surname: Given names: *Date of Birth/*Age: *Having considered the following suggestions raised by [name] regarding the notice of intention to authorise an exhumation made under section 45 of the Coroners Act 2008: [please specify] *Having not received any suggestions from any persons regarding the making of the Notice of Intention to Authorise Exhumation made pursuant to section 45 of the Coroners Act 2008. Hereby authorise that the body of the deceased person buried at [place of interment or cemetery], be exhumed and taken without delay to [place/address] and be held there *subject to the following condition(s): r. 25 -- 55 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 52 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: Section 46(5) of the Coroners Act 2008 provides that authorisation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (or any further period specified by the State Coroner) unless: (a) the State Coroner directs that the exhumation be conducted immediately; or (b) within that period, the senior next of kin advises that he or she will not appeal to the Supreme Court against the authorisation. An appeal can be made to the Supreme Court under Part 7 of the Coroners Act 2008 against the authorisation in certain circumstances. *Delete if inapplicable __________________ r. 25 -- 56 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 53 Authorised by the Chief Parliamentary Counsel FORM 24 Rule 47 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ORDER FOR RELEASE OF BODY Form 24 Rule 47 Section 47 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner order that the body of: Details of deceased: Surname: Given names: *Date of Birth/*Age: be released to [name] *subject to the following terms and/or conditions: [insert terms and/or conditions] *for overseas repatriation and there is no indication of any infectious diseases. [insert cause/s of death] because: *I am satisfied that it is no longer necessary to have control of the body in order to exercise my functions under the Coroners Act 2008; *I have determined that the death was not a reportable death or a reviewable death. Name of funeral director (if known): r. 25 -- 57 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 54 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: Time: *Delete if inapplicable __________________ r. 25 -- 58 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 55 Authorised by the Chief Parliamentary Counsel FORM 25 Rule 48 Court Reference: [if known]: APPLICATION FOR THE RELEASE OF BODY Form 25 Rule 48 Section 48 of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms Dr, etc.): Surname: Given name: Relationship to deceased (if any): Contact number(s): Postal address: Email: Details of deceased: Surname: Given names: *Date of birth/*Age (if known): Date of death (if known): Place of death (if known): Details of funeral director: Organisation: Funeral director's code: Contact number(s): Email: Reason(s) for application: [specify reasons] r. 25 -- 59 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 56 Authorised by the Chief Parliamentary Counsel I [name of applicant]: 1. Confirm that all information provided in this form and supporting documents (if applicable) is to the best of my knowledge true and correct; AND 2. Understand that my application may be provided to any other applicant (if appropriate). Signature of applicant: Date: –––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Under section 85 of the Coroners Act 2008 a person who applied to have a body released to him or her under section 48 of that Act may appeal against an order to release the body or the terms of that release to the Supreme Court within 48 hours after the determination of the coroner is made. –––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ r. 25 -- 60 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 57 Authorised by the Chief Parliamentary Counsel FORM 26 Rule 49(1) Court Reference: [if known]: REQUEST FOR INQUEST INTO DEATH Form 26 Rule 49(1) Section 52(5) of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Organisation (if applicable): Relationship to deceased (if any): Postal address: Email: request that the Coroner hold an inquest into the death of: Details of deceased: Surname: Given names: *Date of birth/*Age (if known): Date of death/suspected death: Place of death/suspected death: Reasons for application: [specify reasons] Signature of applicant: Date: *Delete if inapplicable __________________ r. 25 -- 61 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 58 Authorised by the Chief Parliamentary Counsel FORM 27 Rule 49(2) Court Reference: [if known]: REQUEST FOR INQUEST INTO FIRE Form 27 Rule 49(2) Section 53(2) of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Organisation (if applicable): Postal address: Email: request that the Coroner hold an inquest into the fire at: Details of fire: Location of fire: Fire occurred *on/*about/*between: Reason(s) for this application: Signature of applicant: Date: *Delete if inapplicable __________________ r. 25 -- 62 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 59 Authorised by the Chief Parliamentary Counsel FORM 28 Rule 50(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO DEATH Form 28 Rule 50(1) Section 52(6) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: have decided *to hold an inquest *not to hold an inquest *not to make a decision as to whether or not an inquest should be held for the following reason(s): [specify reasons] r. 25 -- 63 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 60 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made. *Delete if inapplicable __________________ r. 25 -- 64 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 61 Authorised by the Chief Parliamentary Counsel FORM 29 Rule 50(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO FIRE Form 29 Rule 50(2) Section 53(3) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the fire: Details of fire: Location of fire: Fire occurred *on/*between: have decided *to hold an inquest *not to hold an inquest *not to make a decision as to whether or not an inquest should be held for the following reasons: Signature: _______________________________________ Coroner's name: Date: NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made. *Delete if inapplicable __________________ r. 25 -- 65 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 62 Authorised by the Chief Parliamentary Counsel FORM 30 Rule 52 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ORDER EXCLUDING A PERSON OR CLASS OF PERSON FROM AN INQUEST Form 30 Rule 52 Section 55(2)(d) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the *death of [name of deceased]/*fire occurring *on/*between [date of fire or between the dates of]: TO: [name of person or class of persons whom the order is directed] *OF [address(s) of person or class of persons whom the order is directed—if appropriate] You are ordered not to enter the courtroom for: *the whole of the inquest; OR *the following parts/days of the inquest: [insert parts/days of inquest]: Signature: _______________________________________ Coroner's name: Date: NOTE: A breach of this order may be dealt with as contempt of court under section 103 of the Coroners Act 2008. *Delete if inapplicable __________________ r. 25 -- 66 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 63 Authorised by the Chief Parliamentary Counsel FORM 31 Rule 53(2) Court Reference: [if known]: APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY Form 31 Rule 53(2) Section 56 of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms Dr, etc.): Surname: Given name: Organisation (if applicable): Relationship to deceased (if any): Contact number(s): Email: Details of deceased (if applicable): Surname: Given names: *Date of birth/*Age (if known): Details of fire (if applicable): Location of fire: Fire occurred *on/*about/*between: I seek leave to appear for: *whole of the inquest; *part of the inquest: [specify which part of the inquest] Details of legal representative (if applicable): Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Name of firm/Position held: Postal address: r. 25 -- 67 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 64 Authorised by the Chief Parliamentary Counsel Contact number(s): Email: Reasons for application (see note below): Signature of *applicant/*legal representative: Date: NOTE: Under section 56 of the Coroners Act 2008, a coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that— (a) the person has sufficient interest in the inquest; and (b) it is appropriate for the person to be an interested party. *Delete if inapplicable __________________ r. 25 -- 68 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 65 Authorised by the Chief Parliamentary Counsel FORM 32 Rule 54 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: PRIVILEGE IN RESPECT OF SELF INCRIMINATION IN OTHER PROCEEDINGS Form 32 Rule 54 Section 57 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the inquest into the: *death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: *fire at: Details of fire: Location of fire: Fire occurred *on/*between: certify under section 57 of the Coroners Act 2008 that evidence in these proceedings by [name of witness] on [date or dates], is evidence or information to which section 57 of that Act applies. r. 25 -- 69 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 66 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: Section 57(7) of the Coroners Act 2008 provides that: In any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence— (a) evidence given by a person in respect of which a certificate under this section has been given; and (b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence— cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence. Section 57(8) of the Coroners Act 2008 provides that: Section 57(7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned. A certified transcript or other record of the evidence will be forwarded when available. *Delete if inapplicable __________________ r. 25 -- 70 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 67 Authorised by the Chief Parliamentary Counsel FORM 33 Rule 55 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: WARRANT TO ARREST Form 33 Rule 55 Section 59 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the: *death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: *fire at: Details of fire: Location of fire: Fire occurred *on/*between: TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA The person [name of person] of [address]: *was summoned by a coroner under section 55 of the Coroners Act 2008 and has neglected or failed to appear at the time and place appointed in and by a summons to attend as a witness or to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness. *is avoiding service of a summons under section 55 of the Coroners Act 2008 or that the person has been duly served with the summons but is unlikely to comply with it. r. 25 -- 71 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 68 Authorised by the Chief Parliamentary Counsel AND is to be brought before the Coroners Court to answer the Summons and to be further dealt with according to law, and if it is not practicable to bring him or her before the Court forthwith to release him or her on bail in accordance with the endorsement below. Signature: _______________________________________ Coroner's name: Date: *ENDORSEMENT FOR BAIL The person named may be released on entering an undertaking of bail to appear at the Coroners Court at [venue] on the following conditions: *Delete if inapplicable __________________ r. 25 -- 72 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 69 Authorised by the Chief Parliamentary Counsel FORM 34 Rules 57(3) and 59(2) Court Reference [if known]: APPLICATION TO ACCESS OR HAVE RELEASED SEIZED OR RECEIVED THING Form 34 Rules 57(3) and 59(2) Section 114 of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Organisation (if applicable): Relationship to deceased (if any): Contact number(s): Postal address: Email: Details of legal representative (if applicable): Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Firm/Position held: Contact number(s): Postal address: Email: *Details of deceased (if applicable): Surname: Given names: *Date of birth/*Age (if known): *Details of fire (if applicable): Location of fire: Fire occurred *on/*about/*between: r. 25 -- 73 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 70 Authorised by the Chief Parliamentary Counsel Request that the following thing(s) be *accessed by/*released to [name of person]: Reason(s) for application: [specify reasons] Signature of *applicant/*legal representative: Date: *Delete if inapplicable __________________ r. 25 -- 74 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 71 Authorised by the Chief Parliamentary Counsel FORM 35 Rule 57(5) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ORDER BY CORONER TO ACCESS SEIZED OR RECEIVED THING Form 35 Rule 57(5) Section 114 of the Coroners Act 2008 I, [name], *State Coroner*/Deputy State Coroner/*Coroner having received the application of [name of applicant] to access or have released a seized or received thing in relation to the investigation into the: *death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: *fire at: Details of fire: Location of fire: Fire occurred *on/*between: *Refuse the application *Authorise access to the following thing(s): [list things] On the following conditions: r. 25 -- 75 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 72 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 76 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 73 Authorised by the Chief Parliamentary Counsel FORM 36 Rules 58(3) and 59(4) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: ORDER BY CORONER TO RELEASE OR DESTROY SEIZED OR RECEIVED THING Form 36 Rules 58(3) and 59(4) Section 114 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of [name of applicant] in relation to the investigation into the: *death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: *fire at: Details of fire: Location of fire: Fire occurred *on/*between: order that [list thing(s)]: *be released to [name of owner] of [address]: *be released to [specify person] of [address] as the owner cannot be identified or found *be destroyed by [specify by whom] *be disposed of in the following manner [outline manner to be disposed of] by [specify by whom] *not be released at this stage r. 25 -- 77 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 74 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 78 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 75 Authorised by the Chief Parliamentary Counsel FORM 37 Rule 60(1) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: FINDING INTO DEATH WITH INQUEST Form 37 Rule 609(1) Section 67 of the Coroners Act 2008 Inquest into the Death of: [name of deceased] Delivered On: Delivered At: Hearing Dates: Findings of: [name of coroner] Representation: [list representation] *Police Coronial Support Unit [name of PCSU member] *Counsel Assisting the Coroner [name of barrister] [name of solicitor] I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname] AND having held an inquest in relation to this death on [date] at [place of inquest] find that the identity of the deceased was [full name of deceased] *born on/*aged [*date/*age] and the death occurred *on/*on or about/*between [full dates] r. 25 -- 79 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 76 Authorised by the Chief Parliamentary Counsel at [full address of place of death] from: 1 (a) 1 (b) 1 (c) 2 in the following circumstances: *COMMENTS Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death: [specify comments] *RECOMMENDATIONS Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death: [specify recommendations] *Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet: [specify any finding, comment or recommendation that is not to be published] *I direct that a copy of this finding be provided to the following: Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 80 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 77 Authorised by the Chief Parliamentary Counsel FORM 38 Rule 60(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: FINDING INTO DEATH WITHOUT INQUEST Form 38 Rule 60(2) Section 67 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname] without holding an inquest: find that the identity of the deceased was [full name of deceased] born *on/*aged [*date/*age] and the death occurred *on or about/*on/*between [full date/s] at [full address of place of death] from: 1 (a) 1 (b) 1 (c) 2 *Having considered the evidence before me together with the public interest and being satisfied that there are no suspicious circumstances or circumstances requiring further investigation make no further findings with respect to the circumstances in which the death occurred. *Pursuant to section 67(2) of the Coroners Act 2008, I make findings with respect to the following circumstances: [specify circumstances] r. 25 -- 81 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 78 Authorised by the Chief Parliamentary Counsel *COMMENTS Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death: [specify comments] *RECOMMENDATIONS Pursuant to Section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death: [specify recommendations] *Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [specify any finding, comment or recommendation to be published] *I direct that a copy of this finding be provided to the following: Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 82 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 79 Authorised by the Chief Parliamentary Counsel FORM 39 Rule 61(1) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: FINDING INTO FIRE WITH INQUEST Form 39 Rule 61(1) Section 68 of the Coroners Act 2008 Inquest into the fire at: [location of fire] Delivered On: Delivered At: Hearing Dates: Findings of: [name of coroner] Representation: [list representation] *Police Coronial Support Unit [name of PCSU member] *Counsel Assisting Coroner [name of barrister] [name of solicitor] I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full location] AND having held an inquest in relation to this fire on [date] at [place of inquest] find that the fire occurred *on/*between [dates] and find that the cause and origin of the fire was: [specify cause and origin] in the following circumstances: [specify circumstances] r. 25 -- 83 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 80 Authorised by the Chief Parliamentary Counsel *RECOMMENDATIONS Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire: [specify recommendations] *Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet: [specify any finding, comment or recommendation that is not to be published] *I direct a copy of this finding be provided to the following: Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 84 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 81 Authorised by the Chief Parliamentary Counsel FORM 40 Rule 61(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: FINDING INTO FIRE WITHOUT INQUEST Form 40 Rule 61(2) Section 68 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full address] without holding an inquest find that the fire occurred *on/*between [date(s)] and find the cause and origin of the fire was: [specify cause and origin] in the following circumstances: [specify circumstances] *RECOMMENDATIONS: Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire: [specify recommendations] *Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [please specify] *I direct a copy of this finding be provided to the following: Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 85 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 82 Authorised by the Chief Parliamentary Counsel FORM 41 Rule 62 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION THAT INQUEST WILL NOT BE HELD OR WILL BE DISCONTINUED Form 41 Rule 62 Section 71 of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: determine pursuant to sections 52(3)(b) and 71 of the Coroners Act 2008, that an inquest *will not be held/*will be discontinued in respect of this death as [full name of person] has been charged with an indictable offence and the making of a finding would be inappropriate in the circumstances for the following reasons: [insert reasons] Signature: _______________________________________ Coroner's name: Date: *Delete if inapplicable __________________ r. 25 -- 86 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 83 Authorised by the Chief Parliamentary Counsel FORM 42 Rule 64 IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: SUPPRESSION ORDER Form 42 Rule 64 Section 73(2) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the investigation into the: *death of: Details of deceased: Surname: Given names: *Date of Birth/*Age: *fire at: Details of fire: Location of fire: Fire occurred *on/*between: order that the following: *Document(s): [list document(s)] *Material(s): [list materials] *Evidence: [list evidence] *[list further orders] not be published pursuant to section 73(2) of the Coroners Act 2008, as I reasonably believe that publication would: *be likely the prejudice the fair trial of a person *be contrary to the public interest r. 25 -- 87 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 84 Authorised by the Chief Parliamentary Counsel Signature: _______________________________________ Coroner's name: Date: NOTE: Under section 73(3) of the Coroners Act 2008, a person must not publish a report contrary to this order. Breach of this order may incur a penalty up to 60 penalty units. *Delete if inapplicable __________________ r. 25 -- 88 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 85 Authorised by the Chief Parliamentary Counsel FORM 43 Rule 65(1) Court Reference: [if known]: APPLICATION TO SET ASIDE FINDING Form 43 Rule 65(1) Section 77 of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: Organisation (if applicable): Relationship to deceased (if any): Postal address: Contact number(s): Email: *Details of deceased: Surname: Given names: *Date of birth/*Age (if known): *Details of fire: Location of fire: *Fire occurred *on/*about/*between: Details of finding: Findings by: Date of finding(s): Details of the order sought: Request that the coroner set aside: *all of the findings. *the following particular findings: [detail particular findings to be set aside] r. 25 -- 89 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 86 Authorised by the Chief Parliamentary Counsel Reason(s) for application (see note below) Signature of applicant: Date: –––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Under section 77(3) of the Coroners Act 2008, the Coroners Court may only reopen the investigation and set aside the findings if satisfied that— (a) there are new facts and circumstances; and (b) it is appropriate to reopen the investigation. –––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ r. 25 -- 90 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 87 Authorised by the Chief Parliamentary Counsel FORM 44 Rule 65(2) IN THE CORONERS COURT OF VICTORIA AT [COURT LOCATION] Court Reference: DETERMINATION FOLLOWING APPLICATION TO SET ASIDE FINDING Form 44 Rule 65(2) Sections 77(2) and 77(3) of the Coroners Act 2008 I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received an application to set aside the finding into the *fire/*death of Details of deceased: Surname: Given names: *Date of Birth/*Age: Details of fire: Location of fire: Fire occurred *on/*between: make the following order: *that the findings not be set aside as I am not satisfied that there are new facts and circumstances and it is not appropriate to re-open the investigation pursuant to section 77(3) of the Coroners Act 2008 *I am satisfied that there are new facts and circumstances however, pursuant to section 77(3) of the Coroners Act 2008, it is not appropriate to re-open the investigation *pursuant to section 77(2) of the Coroners Act 2008, the following findings be set aside as I am satisfied that there are new facts and circumstances: [insert findings to be set aside] r. 25 -- 91 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 88 Authorised by the Chief Parliamentary Counsel *pursuant to section 77(2) of the Coroners Act 2008, all of the findings be set aside as I am satisfied that there are new facts and circumstances. *AND it is appropriate to re-open the investigation pursuant to section 77(3)(b) of the Coroners Act 2008. Signature: _______________________________________ Coroner's name: Date: NOTE: Under section 84 of the Coroners Act 2008, if the Coroners Court refuses to re-open an investigation, a person who requested the Coroners Court to set aside some or all of the findings of the coroner may appeal against the Court's determination to the Supreme Court within 3 months after the refusal by the Coroners Court. *Delete if inapplicable __________________ r. 25 -- 92 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 89 Authorised by the Chief Parliamentary Counsel FORM 45 Rule 67 Court Reference: [if known]: APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/INQUEST TRANSCRIPT Form 45 Rule 67 Sections 115 and 63 of the Coroners Act 2008 Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: Given name: *Organisation: *Agent [please attach a signed authority from the senior next of kin or interested party] *Relationship to deceased (if any): Postal address: Contact number(s): Email: *Details of deceased: Surname: Given names: *Date of birth/*Age (if known): *Details of fire: Location of fire: Fire occurred *on/*about/*between: Details of documents sought: r. 25 -- 93 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 90 Authorised by the Chief Parliamentary Counsel Category of request: I am requesting the above documents as: *an interested party claiming to have sufficient interest in the document *a statutory body (for the purpose of exercising a statutory function) *a member of the police force (for law enforcement purposes) *a person who is conducting research approved by an appropriate human research ethics committee (attach supporting documents) *the document is required for the public interest *a person specified in the rules as being a person to whom documents may be released: a Coroner must be satisfied that a person has a sufficient interest in a document for the purposes of an application made by a person under rule 67(2). Reason(s) for application: Form of access: *I wish to inspect the document(s) *I require a copy of the document(s) Confirmation I confirm that all of the information provided in this form and supporting documents is to the best of my knowledge true and correct. *Consent I consent to my name being disclosed to the deceased's senior next of kin (if appropriate) which may be necessary in order for my application to be processed. r. 25 -- 94 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 91 Authorised by the Chief Parliamentary Counsel Signature of applicant: Date: –––––––––––––––––––––––––––––––––––––––––––––––– NOTE: The applicant may be required to pay processing charges in respect of the applicant's application. If so, a statement of charges will be provided to the applicant. –––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable". Dated: 25 October 2011 JUDGE J. COATE, State Coroner IAIN T. WEST, Deputy State Coroner PARESA ANTONIADIS SPANOS, Coroner ═══════════════ r. 25 -- 95 of 96 -- S.R. No. 117/2011 Coroners Court (Amendment No. 1) Rules 2011 92 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Rule 4: S.R. No. 131/2009. Endnotes -- 96 of 96 --