Coroners Court Rules 2009

i Coroners Court Rules 2009 S.R. No. 131/2009 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 PART 1—GENERAL 1 1 Object and title 1 2 Authorising provision 1 3 Commencement 1 PART 2—INTERPRETATION 2 4 Definitions 2 PART 3—MISCELLANEOUS 2 5 Act by corporation 2 6 Seal of the Coroners Court 2 7 Effect of non-compliance 2 8 Dispensing with compliance 3 ORDER 2—TIME, COURT OFFICE AND DOCUMENTS 4 9 Calculating time 4 10 Extension and abridgement 4 11 Fixing time 4 12 Time for service 5 13 Filing of documents 5 14 Inappropriate documents 5 ORDER 3—SERVICE 6 15 When personal service necessary 6 16 How personal service is effected 6 17 Service on particular persons 7 18 How ordinary service effected 8 19 Substituted service 8 20 Service of document by the Coroners Court 9 21 Affidavit of service 9 -- 1 of 117 -- Rule Page ii ORDER 4—REPORTING OF DEATHS 10 22 Obligation to report deaths 10 23 Obligation of registered medical practitioner to report death 11 ORDER 5—INVESTIGATION OF DEATHS AND FIRES 13 PART 1—INVESTIGATION OF DEATHS 13 24 Determination by coroner that reported death not a reportable death 13 25 Certain reportable deaths do not require investigation 13 26 Reviewable deaths may be referred to the Institute 13 27 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute 13 28 Determination by State Coroner that death not a reviewable death 14 29 Providing relevant persons with coronial process information 14 30 Preliminary examinations 14 31 Identification direction 15 32 Identification procedure 15 33 Direction for autopsy 16 34 Autopsy report 17 35 Objections to autopsy 17 36 Request for an autopsy 18 37 Removal of tissue and preserving material 19 38 Senior next of kin to be advised of removal of tissue direction 20 PART 2—INVESTIGATION OF FIRES 21 39 Requests for an investigation into a fire 21 PART 3—ASSISTANCE TO CORONER IN INVESTIGATIONS 22 40 Person who made report of death to assist 22 41 Registered medical practitioner to assist 22 42 Person who asks for investigation of fire to assist 22 PART 4—POWERS RELATING TO INVESTIGATION 23 43 Authorising entry, search, inspection and possession 23 44 Application for exhumation 23 45 Suggestions regarding a proposed exhumation 23 46 Authorisation of exhumation 24 PART 5—GENERAL 24 47 Release of body 24 48 Application to coroner for release of body 24 -- 2 of 117 -- Rule Page iii ORDER 6—INQUESTS INTO DEATHS AND FIRES 25 49 Requests for an inquest 25 50 Decision regarding whether inquest to be held 25 51 Publication of the details of an inquest 25 52 Exclusion from an inquest 26 53 Interested party 26 54 Privilege in respect of self-incrimination 26 55 Warrants for arrest 26 ORDER 7—SEIZURE 27 56 Storage of seized things 27 57 Access to seized things 27 58 Seized thing no longer required to be held 28 59 Release of seized things 28 ORDER 8—FINDINGS, RECOMMENDATIONS AND REFERRALS 30 60 Findings of coroner investigating a death 30 61 Findings of coroner investigating a fire 30 62 Findings not required if inquest not held or discontinued 30 63 Reports and recommendations 30 64 Publication of findings and reports 31 65 Reopening of an investigation 32 ORDER 9—REGISTRARS 33 66 Functions of registrars 33 ORDER 10—ACCESS TO DOCUMENTS 34 67 Access to documents 34 __________________ FORMS 35 Form 1—Affidavit of Service 35 Form 2—Determination by Coroner that Reported Death is not a Reportable Death 36 Form 3—Determination that Further Investigation not Warranted 38 Form 4—Direction to refer reviewable death to the Victorian Institute of Forensic Medicine 39 Form 5—Advice of Non-referral of Reviewable Death to the Victorian Institute of Forensic Medicine 40 -- 3 of 117 -- Rule Page iv Form 6—Determination by Coroner that Reported Death is Not a Reviewable Death 41 Form 7—Identification Direction 43 Form 8—Determination by Coroner of Identity of Deceased 44 Form 9—Direction Regarding Autopsy 45 Form 10—Decision by Coroner Following a Request for Autopsy Direction to be Reconsidered 48 Form 11—Decision by Coroner in Relation to Request for Autopsy 50 Form 12—Advice to Coroner Regarding Preservation of Tissue or Material 52 Form 13—Direction to Preserve Tissue or Material 54 Form 14—Request for Release of Preserved Tissue or Material 55 Form 15—Order to Release Preserved Tissue or Material 57 Form 16—Request to Investigate a Fire 58 Form 17—Determination Following a Request to Investigate a Fire 59 Form 18—Authorisation by Coroner to a Member of the Police Force 60 Form 19—Result of Search 62 Form 20—Application for Exhumation 64 Form 21—Determination Following an Application for Exhumation 66 Form 22—Notice of Intention to Authorise Exhumation 68 Form 23—Authorisation of Exhumation 70 Form 24—Order for Release of Body 72 Form 25—Application for the Release of Body 74 Form 26—Request for Inquest into Death 76 Form 27—Request for Inquest into Fire 78 Form 28—Decision by Coroner whether or not to Hold an Inquest into Death 79 Form 29—Decision by Coroner whether or not to Hold an Inquest into Fire 81 Form 30—Order Excluding a Person or Class of Person from an Inquest 83 Form 31—Application for Leave to Appear as an Interested Party 84 -- 4 of 117 -- Rule Page v Form 32—Privilege in Respect of Self Incrimination in Other Proceedings 86 Form 33—Warrant to Arrest 88 Form 34—Application to Access Seized Thing or to have Seized Thing Released 90 Form 35—Order by Coroner to Access Seized Thing 92 Form 36—Order by Coroner to Release or Destroy Seized Thing 94 Form 37—Finding into Death with Inquest 96 Form 38—Finding into Death without Inquest 98 Form 39—Finding into Fire with Inquest 100 Form 40—Finding into Fire without Inquest 102 Form 41—Notification that Inquest will not be Held or Discontinued 103 Form 42—Suppression Order 104 Form 43—Application to Set Aside Finding 106 Form 44—Order by Coroner to Reopen Investigation 108 Form 45—Application for Access to Coronial Documents/Inquest Transcript 110 ═══════════════ -- 5 of 117 -- 1 STATUTORY RULES 2009 S.R. No. 131/2009 Coroners Act 2008 Coroners Court Rules 2009 The State Coroner together with 2 coroners jointly make the following Rules: ORDER 1 PRELIMINARY PART 1—GENERAL 1 Object and title (1) The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria. (2) These Rules may be cited as the Coroners Court Rules 2009. 2 Authorising provision 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 1 November 2009. -- 6 of 117 -- Order 1 Coroners Court Rules 2009 S.R. No. 131/2009 2 PART 2—INTERPRETATION 4 Definitions (1) In these Rules, unless the context or subject matter otherwise requires— corporation means any body corporate, whether formed within or out of Victoria; the Act means the Coroners Act 2008. (2) Whereby these Rules a form is prescribed for use, that form must be used with any necessary variation or modification. PART 3—MISCELLANEOUS 5 Act by corporation If the Coroners Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer. 6 Seal of the Coroners Court Marking a document or a copy of a document with the seal of the Coroners Court is sufficient compliance with any requirements of these Rules or an order of the Coroners Court that the document or copy be sealed. 7 Effect of non-compliance A failure to comply with these Rules is an irregularity and does not render a nullity— (a) an inquest; or (b) a step taken in an inquest; or (c) any document; or (d) any order. r. 4 -- 7 of 117 -- Order 1 Coroners Court Rules 2009 S.R. No. 131/2009 3 8 Dispensing with compliance The Coroners Court may dispense with compliance with any of the requirements of these Rules— (a) either before or after the occasion for compliance arises; and (b) whether or not there has been a failure to comply. __________________ r. 8 -- 8 of 117 -- Order 2 Coroners Court Rules 2009 S.R. No. 131/2009 4 ORDER 2 TIME, COURT OFFICE AND DOCUMENTS 9 Calculating time (1) Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule. (2) If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event is excluded. (3) If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event is included. (4) If a period of 5 days or less would include a day on which an office of the Coroners Court is closed, that day is excluded. (5) If the last day for doing any act at an office of the Coroners Court is a day on which the office is closed, the act may be done on the next day the office is open. 10 Extension and abridgement The Coroners Court may extend or abridge any time— (a) fixed by these Rules; or (b) by any order fixing, extending or abridging time. 11 Fixing time If no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time. r. 9 -- 9 of 117 -- Order 2 Coroners Court Rules 2009 S.R. No. 131/2009 5 12 Time for service In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, any document which is served after 4.00 p.m. or on any day on which the office of the Coroners Court is closed, is taken to have been served on the next day the office is open. 13 Filing of documents Except as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by its being lodged with a registrar in the office of the Coroners Court. 14 Inappropriate documents If a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order— (a) that the offending matter be deleted; or (b) that the document be taken off the file. __________________ r. 12 -- 10 of 117 -- Order 3 Coroners Court Rules 2009 S.R. No. 131/2009 6 ORDER 3 SERVICE 15 When personal service necessary (1) Any document required or permitted to be served may be served personally. (2) Unless personal service is required by these Rules or by order, a document need not be served personally. 16 How personal service is effected (1) Personal service of a document is effected— (a) by leaving a copy of the document— (i) with the person to be served; or (ii) if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or (b) by delivering a copy of the document to the place of residence of the person to be served— (i) to a person apparently above the age of 16 years who resides at that place; or (ii) if the place of residence is an hotel, a boarding house or similar establishment, to a person apparently above that age of 16 years who is apparently in charge of the establishment or engaged in the office of the establishment; or r. 15 -- 11 of 117 -- Order 3 Coroners Court Rules 2009 S.R. No. 131/2009 7 (c) if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business. (2) To effect personal service it is not necessary to produce the original document at the time of service. 17 Service on particular persons Personal service of a document may be effected by serving the document in accordance with Rule 16, in the case of— (a) a corporation— (i) on the mayor, chairman, president or other head officer of the corporation; or (ii) on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or (iii) if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision; (b) a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom he or she resides or in whose care he or she is; (c) the Crown in the right of the Commonwealth or the Commonwealth— (i) on the Secretary to the Attorney- General's Department; or r. 17 -- 12 of 117 -- Order 3 Coroners Court Rules 2009 S.R. No. 131/2009 8 (ii) any person authorised under section 55E(4) of the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor; (d) the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor. 18 How ordinary service effected (1) If personal service of a document is not required, the document may be served— (a) by leaving the document at the address for service of the person to be served; or (b) by posting the document to the person to be served at that person's address for service; or (c) if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision. (2) If a document is sent by post in accordance with subrule (1)(b), the day of service of the document is taken to be the day it would be delivered in the normal course of post or on such other day as may be proved. 19 Substituted service (1) If for any reason it is impracticable to serve a document in the manner required by these Rules, the Coroners Court may order that such steps be taken as the Coroners Court specifies for the purposes of bringing the document to the notice of the person to be served. (2) If the Coroners Court makes an order under subrule (1), the Coroners Court may order that the document be taken to have been served— r. 18 -- 13 of 117 -- Order 3 Coroners Court Rules 2009 S.R. No. 131/2009 9 (a) on the happening of any specified event; or (b) on the expiry of any specified time. (3) The Coroners Court may make an order under subrule (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the inquest commenced. 20 Service of document by the Coroners Court Unless the Rules otherwise provide or the Coroners Court otherwise orders, where under these Rules or under an order of the Coroners Court any notice or other document is to be given to, or served on, any person by the Coroners Court, the notice or document shall be sufficiently served by ordinary post. 21 Affidavit of service (1) An affidavit of service of any document must— (a) be in Form 1; and (b) state by whom the document was served; and (c) state the time and date on which it was served; and (d) state the place at which it was served; and (e) state the mode of service. (2) A document purporting to be an affidavit of service is taken to be evidence of the proper service of a document unless the contrary is proved. (3) An affidavit of service must be filed in the Coroners Court as soon as practicable after service of a document or summons. __________________ r. 20 -- 14 of 117 -- Order 4 Coroners Court Rules 2009 S.R. No. 131/2009 10 ORDER 4 REPORTING OF DEATHS 22 Obligation to report deaths (1) A person who is required under Part 3 of the Act— (a) to report a reportable death to a coroner; or (b) to report a reviewable death to the State Coroner— must make the report in accordance with this Rule. (2) A person required to make a report referred to in subrule (1)— (a) must make the report by telephone or in writing; (b) must provide the coroner or State Coroner (as required) with as much information relating to the death as practicable including— (i) the name and address of the deceased; (ii) the age and date of birth of the deceased; (iii) the sex of the deceased; (iv) whether the deceased had a treating medical practitioner or dental practitioner and the details of that practitioner; (v) the marital status of the deceased; (vi) the senior next of kin of the deceased; r. 22 -- 15 of 117 -- Order 4 Coroners Court Rules 2009 S.R. No. 131/2009 11 (vii) the location of the deceased; (viii) the date and time of death or an estimate of the date and time of death; (ix) the name of the person reporting the death; (x) if the person referred to in subparagraph (ix) is a responsible person within the meaning of section 11 of the Act, the contact details of the person and the details of the person's role as a responsible person in relation to the deceased; (xi) whether or not the deceased was of Aboriginal or Torres Strait Islander origin. 23 Obligation of registered medical practitioner to report death (1) A report made by a medical practitioner under section 10 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the coroner, as soon as practicable after making the report to the coroner. (2) A report made by a medical practitioner under section 13 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the State Coroner, as soon as practicable after making the report to the State Coroner. r. 23 -- 16 of 117 -- Order 4 Coroners Court Rules 2009 S.R. No. 131/2009 12 (3) A medical deposition of a medical practitioner under subrule (1) or (2) may be given to the State Coroner or coroner (as required) by electronic communication. Note Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication. __________________ r. 23 -- 17 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 13 ORDER 5 INVESTIGATION OF DEATHS AND FIRES PART 1—INVESTIGATION OF DEATHS 24 Determination by coroner that reported death not a reportable death A determination made by a coroner under section 16 of the Act must be in Form 2. 25 Certain reportable deaths do not require investigation A determination by a coroner under section 17 of the Act to discontinue an investigation into a death must be in Form 3. 26 Reviewable deaths may be referred to the Institute (1) For the purposes of section 18(1), the State Coroner may direct that a reviewable death be referred to the Institute. (2) A direction under subrule (1) must be in Form 4. (3) A copy of a direction made under this rule must be given to the Institute by the principal registrar. 27 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute If the State Coroner is required under section 19(2) of the Act to advise the Institute that he or she has decided to not refer a reviewable death to the Institute, the advice must be in Form 5. r. 24 -- 18 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 14 28 Determination by State Coroner that death not a reviewable death If, under section 19 of the Act, the State Coroner determines that a death is not a reviewable death, the State Coroner's written notice of that determination must be in Form 6. 29 Providing relevant persons with coronial process information (1) The information required to be provided by section 21(a) of the Act to the senior next of kin must be provided— (a) by electronic communication; or (b) to a postal address nominated by that person. (2) The information required to be provided by section 21(b) of the Act to a person who the principal registrar considers to have a sufficient interest in the investigation of a death following the advice received from that person of that interest must, if possible, be provided to the person by electronic communication or otherwise to a postal address nominated by the person. Note Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication. 30 Preliminary examinations (1) If, under section 23 of the Act, a body has been provided to a medical investigator by a coroner to enable a preliminary examination to be performed on the body, the medical investigator must provide a report to a coroner on the preliminary examination in accordance with this rule. r. 28 -- 19 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 15 (2) A report on a preliminary examination must— (a) be in writing; and (b) contain a summary of— (i) any procedures undertaken; (ii) any specimens taken; (iii) any testing performed or ordered; (iv) a reasonable medical cause of death (if available); (v) any materials considered (including the medical and circumstantial history); and (c) be provided to the coroner as soon as practicable after the preliminary investigation has been performed; and (d) specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the preliminary examination and a summary of that consultation or information. (3) A report on a preliminary examination is confidential and must only be provided to the Coroners Court. 31 Identification direction A direction made by a coroner under section 24 of the Act must be in Form 7. 32 Identification procedure (1) If a medical investigator has been directed by a coroner to perform an identification procedure on a body, the medical investigator must provide a report to the coroner on the identification procedure in accordance with this rule. r. 31 -- 20 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 16 (2) A report on an identification procedure must— (a) be in writing; and (b) be provided to the coroner as soon as practicable after the identification procedure has been performed; (c) state the identity of the deceased if the identity can be ascertained; (d) specify what procedure has been performed on the body; (e) specify whether any person external or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the identification procedure and a summary of that consultation or information. (3) Unless a coroner otherwise orders, a report on an identification procedure is confidential and must only be provided to the Coroners Court. (4) After a report on an identification procedure has been provided to a coroner, the coroner must make a determination about the identity of the deceased. (5) A determination made under subrule (4) must be made in Form 8. 33 Direction for autopsy (1) A direction for an autopsy made by a coroner under section 25 of the Act must be in Form 9. (2) A copy of the direction for an autopsy must be provided to a medical investigator as soon as practicable. r. 33 -- 21 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 17 34 Autopsy report (1) If a medical investigator has been directed by a coroner to perform an autopsy on a body, the medical investigator must provide a report to the coroner in accordance with this rule. (2) A report on an autopsy must— (a) be typed; and (b) be provided to the registrar as soon as practicable after the autopsy has been performed; and (c) state the identity of the deceased if the identity can be ascertained; and (d) specify what procedures have been performed on the body; and (e) specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the autopsy and a summary of that consultation or information. (3) Unless a coroner otherwise orders, a report on an autopsy is confidential and must only be provided to the Coroners Court. 35 Objections to autopsy (1) A request made by the senior next of kin of a deceased person under section 26(2) of the Act— (a) may be communicated to the Coroners Court by telephone; and (b) must be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court. r. 34 -- 22 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 18 (2) The written confirmation of the senior next of kin under subrule (1)(b) must— (a) specify the reasons for making the request under section 26(2) of the Act; and (b) be signed by the person making the request. (3) After considering a request made under section 26(2) of the Act, the coroner must make a determination affirming, revoking or amending the direction for an autopsy made under section 25 of the Act. (4) A determination to affirm, revoke or amend a direction for an autopsy must be in Form 10. 36 Request for an autopsy (1) A request under section 27(1) of the Act for a direction by the coroner that an autopsy be performed must— (a) be communicated by telephone to the Coroners Court after the deceased person has been admitted to the Coroners Court; and (b) be confirmed in writing after the telephone communication is made to the Coroners Court. (2) A written confirmation under subrule (1)(b) must— (a) specify the reasons for making the request; and (b) be signed by the person making the request. (3) A coroner must give notice of his or her decision to grant or refuse a request made under section 27(1) of the Act. r. 36 -- 23 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 19 (4) A notice referred to in subrule (3) must— (a) be in Form 11; and (b) in accordance with section 27(2) of the Act, specify the coroner's reasons if the coroner has refused the person's request. (5) Unless the coroner otherwise orders, if the person making a request under section 27(1) of the Act is not the senior next of kin, a registrar must notify the senior next of kin of the request and the decision of the coroner in respect of that request. 37 Removal of tissue and preserving material (1) This rule applies to tissue that is— (a) a visibly recognisable, functional unit of the body such as the liver, heart or brain; (b) a whole or substantial part of a visibly recognisable, functional unit of the body or other body parts; (c) a whole or substantial part of a foetus regardless of the gestation period. (2) For the purposes of section 28 of the Act, a medical investigator must advise the coroner if the removal and preservation of tissue or other material is necessary because it appears to bear on the cause or circumstances of the death or the identity of the deceased person. (3) The advice provided to a coroner under subrule (2) by a medical investigator must be in Form 12. (4) A direction to a medical investigator made by a coroner under section 28(2), after the coroner has received advice from a medical investigator in accordance with this rule— (a) is to be in Form 13; r. 37 -- 24 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 20 (b) must specify how long any tissue or other material may be preserved for; (c) may specify different lengths of time depending on the tissue or material and the reasons for its removal. 38 Senior next of kin to be advised of removal of tissue direction (1) If a coroner makes a direction to a medical investigator under section 28(2) of the Act, the medical investigator or a registrar must, by notice, advise the senior next of kin of the direction. (2) A notice under subrule (1) must specify— (a) the tissue or other material that is going to be preserved; (b) the duration for which the tissue or other material is required to be preserved; (c) that if the tissue or other material is not destroyed during the medical examination, the senior next of kin may have the option to deal with the tissue or other material after the expiry of the preservation period; (d) that an option to deal with the tissue or other material after the expiry of the preservation period may be restricted because of public health and safety concerns or the interests of justice; (e) that, if the senior next of kin decides to exercise the option to deal with the tissue or other material after the expiry of the preservation period— (i) the senior next of kin may advise the medical investigator or registrar of that decision; and r. 38 -- 25 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 21 (ii) the medical investigator or registrar may complete a request for release of tissue and preserved material form on behalf of the senior next of kin. (3) A request for release of tissue and preserved material form must be in Form 14. (4) If a coroner receives a request for release of tissue and preserved material form, the coroner may order the release of the preserved tissue or other material if— (a) the tissue or other material has not been destroyed; and (b) there are no concerns regarding the release of the tissue or other material as specified in subrule (2)(d). (5) An order under subrule (4) must be in Form 15. PART 2—INVESTIGATION OF FIRES 39 Requests for an investigation into a fire (1) A request under section 30(1) or 31(1) of the Act for a coroner to investigate a fire must— (a) be in Form 16; and (b) specify the reason why the investigation of the fire is sought. (2) A coroner's decision in respect of a request made under section 30(1) or 31(1) of the Act must be in Form 17. r. 39 -- 26 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 22 PART 3—ASSISTANCE TO CORONER IN INVESTIGATIONS 40 Person who made report of death to assist A person to whom section 32 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death— (a) no later than 7 days after the coroner's request for information or assistance has been made of the person; and (b) in the case of a request for information— provide the information to the coroner in writing or any other form specified by the coroner. 41 Registered medical practitioner to assist A registered medical practitioner to whom section 33 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death— (a) no later than 7 days after the coroner's request for information or assistance has been made of the registered medical practitioner; and (b) in the case of a request for information— provide the information to the coroner in writing or any other form specified by the coroner. 42 Person who asks for investigation of fire to assist A person to whom section 34 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a fire— r. 40 -- 27 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 23 (a) no later than 7 days after the coroner's request for information or assistance has been made of the person; and (b) in the case of a request for information— provide the information to the coroner in writing or any other form specified by the coroner. PART 4—POWERS RELATING TO INVESTIGATION 43 Authorising entry, search, inspection and possession (1) An authorisation under section 39 of the Act must be in Form 18. (2) After an authorisation under section 39 of the Act has been exercised, a result of search form must be completed by a member of the police force. (3) A result of search form must be in Form 19. 44 Application for exhumation (1) For the purposes of section 43(2) of the Act, the form for an application for exhumation of a body is Form 20. (2) A refusal of an application to authorise an exhumation of a body by the State Coroner must— (a) specify the State Coroner's reasons for the refusal; and (b) be in Form 21. 45 Suggestions regarding a proposed exhumation A suggestion by the senior next of kin under section 45(1)(a) of the Act as to how and whether a proposed exhumation should be conducted must be— (a) in writing; and r. 43 -- 28 of 117 -- Order 5 Coroners Court Rules 2009 S.R. No. 131/2009 24 (b) filed with a registrar within the time specified by the coroner. 46 Authorisation of exhumation (1) A notice of the State Coroner's intention to authorise an exhumation under section 45(1) of the Act must be in Form 22. (2) An authorisation made by the State Coroner under section 46 of the Act for the exhumation of a body must be in Form 23. (3) Unless section 45(5) of the Act applies, a copy of the authorisation must be served on— (a) the senior next of kin; (b) if the body is in a public cemetery, the cemetery trust responsible for the public cemetery; (c) if the body is in a place of interment that is not a public cemetery, the owner of the land where the place of interment is located. PART 5—GENERAL 47 Release of body An order made by a coroner to release a body under section 47 of the Act must be in Form 24. 48 Application to coroner for release of body If 2 or more persons apply for release of a body under section 48 of the Act, each applicant must complete an application which is to be in Form 25. __________________ r. 46 -- 29 of 117 -- Order 6 Coroners Court Rules 2009 S.R. No. 131/2009 25 ORDER 6 INQUESTS INTO DEATHS AND FIRES 49 Requests for an inquest (1) A request under section 52(5) of the Act for an inquest into a death that the coroner is investigating must— (a) be in Form 26; and (b) specify the reason why the inquest is sought. (2) A request under section 53(2) of the Act for an inquest into a fire that the coroner is investigating must— (a) be in Form 27; and (b) specify the reason why the inquest is sought. 50 Decision regarding whether inquest to be held (1) A decision by a coroner under section 52(6) of the Act as to whether or not an inquest into a death will be held must— (a) be in Form 28; and (b) specify the reasons for the decision. (2) A decision by a coroner under section 53(3) of the Act as to whether or not an inquest into a fire will be held must— (a) be in Form 29; and (b) specify the reasons for the decision. 51 Publication of the details of an inquest (1) Unless a coroner otherwise directs, a registrar must publish notice of the inquest at least 14 days before an inquest. r. 49 -- 30 of 117 -- Order 6 Coroners Court Rules 2009 S.R. No. 131/2009 26 (2) Notice under subrule (1) must— (a) be published in a daily newspaper circulating throughout the State or on the Internet; and (b) contain the date, time, place and subject of the inquest. 52 Exclusion from an inquest (1) An exclusion of a person or class of persons from an inquest under section 55(2)(d) of the Act must be in Form 30. (2) A registrar must put a copy of Form 30 in a conspicuous place— (a) at the outside of the Court where the inquest is being held; or (b) in the building where the Court in which the inquest is being held is located. 53 Interested party (1) A person may apply for leave as an interested party at an inquest. (2) An application under subrule (1) must be in Form 31. 54 Privilege in respect of self-incrimination A certificate under sections 57(5) and 57(6) of the Act must be in Form 32. Note See section 53 of the Interpretation of Legislation Act 1984 for what is required for a form to be sufficiently compliant in law. 55 Warrants for arrest A warrant to arrest a person under section 59 of the Act must be in Form 33. __________________ r. 52 -- 31 of 117 -- Order 7 Coroners Court Rules 2009 S.R. No. 131/2009 27 ORDER 7 SEIZURE 56 Storage of seized things (1) Seized things are to be held at a location determined by the coroner or the State Coroner. (2) Seized things are to be held in a manner that protects them from damage, wear and decay so far as is reasonably possible. 57 Access to seized things (1) Seized things are not to be accessed by anyone other than an officer of the Coroners Court or any other person assisting a coroner, unless the coroner or the State Coroner orders that access is to be granted to a person or class of persons. (2) A person may apply to the Coroners Court for access to seized things. (3) An application under subrule (2) must be in Form 34. (4) An order under subrule (1) may be subject to any condition that the coroner thinks fit, including but not limited to— (a) restrictions on the type and duration of access; and (b) a requirement that an officer of the Coroners Court, or any person assisting a coroner, be present while the thing is being accessed. (5) An order allowing access to seized things must be in Form 35. r. 56 -- 32 of 117 -- Order 7 Coroners Court Rules 2009 S.R. No. 131/2009 28 58 Seized thing no longer required to be held (1) A seized thing is no longer required to be held if the thing— (a) is no longer reasonably required by the Coroners Court for the purposes of investigations or inquests; and (b) is not likely to become reasonably required by the Coroners Court for the purposes of investigations or inquests. (2) If a seized thing is no longer required to be held under subrule (1), the Coroners Court may— (a) make an order for the release of the seized thing in accordance with rule 59; or (b) make an order for the destruction or disposal of the seized thing in any manner the Court considers appropriate. (3) An order made under subrule (2)(b) must be in Form 36. 59 Release of seized things (1) A person may apply to the Coroners Court for a seized thing to be released to the person. (2) An application under subrule (1) must be in Form 34. (3) If a seized thing is no longer required to be held, the Coroners Court may make an order for— (a) release of the thing to its owner; or (b) if the owner of the thing cannot be identified or found— (i) release of the thing to a person who has applied for release of the thing under subrule (1); r. 58 -- 33 of 117 -- Order 7 Coroners Court Rules 2009 S.R. No. 131/2009 29 (ii) release of the thing to a specified person. (4) An order under subrule (3) must be in Form 36. (5) An order under subrule (3) must not be made unless— (a) a person can be specified to whom it is appropriate that the thing be released; and (b) it is safe for the thing to be released. __________________ r. 59 -- 34 of 117 -- Order 8 Coroners Court Rules 2009 S.R. No. 131/2009 30 ORDER 8 FINDINGS, RECOMMENDATIONS AND REFERRALS 60 Findings of coroner investigating a death (1) The finding of a coroner following an inquest into a death must be in Form 37. (2) The finding of a coroner in respect of a death for which an inquest has not been held must be in Form 38. 61 Findings of coroner investigating a fire (1) The finding of a coroner following an inquest into a fire must be in Form 39. (2) The finding of a coroner in respect of a fire for which an inquest has not been held must be in Form 40. 62 Findings not required if inquest not held or discontinued (1) If, under section 71 of the Act, a coroner is not required to make any findings in respect of a death, the coroner must complete a notification. (2) A notification under subrule (1) must be in Form 41. 63 Reports and recommendations (1) A report made by a coroner to the Attorney- General on a death or fire the coroner has investigated under section 72(1) of the Act must be in writing. (2) Recommendations made by a coroner in connection with a death or fire to any Minister, public statutory authority or entity under section 72(2) of the Act must— (a) be in writing; r. 60 -- 35 of 117 -- Order 8 Coroners Court Rules 2009 S.R. No. 131/2009 31 (b) be served by registered post, or given, to the Minister, public statutory authority or entity; (c) include a copy of the coroner's findings in respect of the death or fire investigated by the coroner. (3) A written response prepared by a public statutory authority or entity under section 72(4) of the Act must be prepared in accordance with any specific guidelines prepared by the Coroners Court and published on the Internet. (4) A registrar must, as soon as practicable after a coroner receives a written response of a public statutory authority or entity under section 72(5) of the Act— (a) publish that written response on the website of the Coroners Court; (b) if the coroner's recommendations in respect of which the written response was prepared were connected with a death, send by ordinary post, a copy of the written response to the family of the deceased; (c) if possible, email a link to the published written response on the website of the Coroners Court to any person who has advised the principal registrar that they have an interest in the subject of the recommendations. 64 Publication of findings and reports (1) Subject to any order made by a coroner under section 73(2) of the Act, the findings, comments and recommendations made following an inquest must be published on the website of the Coroners Court as soon as practicable. r. 64 -- 36 of 117 -- Order 8 Coroners Court Rules 2009 S.R. No. 131/2009 32 (2) An order made by a coroner under section 73(2) of the Act preventing the publication of a report must be in Form 42. 65 Reopening of an investigation (1) An application under section 77(1) of the Act for an order that some or all of the findings of a coroner after an investigation should be set aside must be in Form 43. (2) An order made by the Coroners Court under section 77 of the Act is to be in Form 44. __________________ r. 65 -- 37 of 117 -- Order 9 Coroners Court Rules 2009 S.R. No. 131/2009 33 ORDER 9 REGISTRARS 66 Functions of registrars For the purposes of section 98(d) of the Act, a registrar may issue a summons requiring a witness to attend the Coroners Court to give oral evidence or produce any document or other material. __________________ r. 66 -- 38 of 117 -- Order 10 Coroners Court Rules 2009 S.R. No. 131/2009 34 ORDER 10 ACCESS TO DOCUMENTS 67 Access to documents (1) For the purposes of section 115(2)(f) of the Act, a coroner may release a document to any person if the coroner is satisfied that the person has a sufficient interest in the document. (2) A person specified in section 115(2) of the Act may apply to a coroner for release of a document. (3) An application under subrule (2) must be in Form 45. __________________ r. 67 -- 39 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 35 FORMS FORM 1 Rule 21 AFFIDAVIT OF SERVICE Coroners Act 2008 Court reference: In the matter of the investigation/inquest into the *death of [name of deceased]/*fire at [location of fire] I, [state name of person serving document] of [address] in the State of Victoria make *oath/*declare and say that— 1. At [time] on [date] at [place of service], I served [name of person served] with the following documents [describe the document(s) served] 2. The method of service was by [state how served e.g. personal or ordinary service] 3. True copies of the documents served are attached. SWORN/DECLARED by the deponent At: [place] On: [date] Before me: [Signature of Registrar] *Delete if inapplicable __________________ Form 1 -- 40 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 36 FORM 2 Rule 24 DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE DEATH Section 16 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: reported by— Details of reporting person: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Organisation/Position held: Contact address: Contact number(s): Form 2 -- 41 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 37 determine the death *is *is not a reportable death pursuant to the Coroners Act 2008 because: Reason(s) for decision: 1. 2. 3. Accordingly— *Pursuant to section 16(3) of the Coroners Act 2008, I discontinue the investigation into the death. *Pursuant to section 16(5) of the Coroners Act 2008, I discontinue the investigation into the death as the death probably occurred more than 100 years before it was reported. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Notice of this determination must be provided to the person who reported the death. An appeal can be made to the Supreme Court of Victoria within 3 months after the day on which the Determination/Order has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 2 -- 42 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 38 FORM 3 Rule 25 DETERMINATION THAT FURTHER INVESTIGATION NOT WARRANTED Section 17 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: Address: without holding an inquest— Find that the identity of the deceased was: Full name of deceased: First name: *Death occurred on or about: *Death occurred between dates: Full address of place of death: Cause of death: 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. Signature: Date: *Delete if inapplicable __________________ Form 3 -- 43 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 39 FORM 4 Rule 26 DIRECTION TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE Section 18 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner direct that: Details of reviewable death: Surname: First name: Address: *Date of birth (if known): *Age: Gender: *Male *Female be referred to the Institute. Pursuant to 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: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A copy of this direction is to be provided to the Victorian Institute of Forensic Medicine. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 4 -- 44 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 40 FORM 5 Rule 27 ADVICE OF NON-REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE Section 19 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of circumstances surrounding the death of: Details of reviewable death: Surname: First name: Address: *Date of birth: Gender: *Male *Female 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: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A copy of this direction should be provided to the Victorian Institute of Forensic Medicine. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 5 -- 45 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 41 FORM 6 Rule 28 DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REVIEWABLE DEATH Section 20 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: reported by— Details of reporting person: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Organisation/Position held: Contact address: Contact number(s): Form 6 -- 46 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 42 determine the death is not a reviewable death pursuant to the Coroners Act 2008 because— Reason(s) for decision: 1. 2. 3. Accordingly, pursuant to section 20(3) of the Coroners Act 2008, I discontinue the investigation into the death. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Notice of this determination must be given to the person who reported the death. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 6 -- 47 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 43 FORM 7 Rule 31 IDENTIFICATION DIRECTION Section 24 of the Coroners Act 2008 Court reference: To: [name of Medical Investigator] In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: *Believed to be: *Gender: *Male *Female *Date of death/suspected death: *Place of death/suspected death: *Circumstances of death/suspected death: direct that you perform the following identification procedure(s) on the deceased: [please specify] and as soon as practicable after completion of the identification procedure, please prepare the identification report and produce the report to me. Signature: Date: *Delete if inapplicable __________________ Form 7 -- 48 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 44 FORM 8 Rule 32 DETERMINATION BY CORONER OF IDENTITY OF DECEASED Section 24 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the following information available to me at this time: [list the documentation and identification reports relied upon] Determine that the identity of the deceased: *cannot be ascertained *can be ascertained as being: Surname: First name: *Address: *Date of birth (if known): *Age: Gender: *Male *Female *Date of death/suspected death: *Place of death/suspected death: My reason(s) include: 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 8 -- 49 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 45 FORM 9 Rule 33 DIRECTION REGARDING AUTOPSY Section 25 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the circumstances surrounding the death of: Details of deceased/Suspected deceased: Surname: First name: Address: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: Circumstances of death/suspected death: having taken into account the following information available to me at this time: *Police report of death (Form 83) *Statement of identification and Preliminary examination *Medical deposition *Hospital/Clinical records *Medical certificate of cause of death *Other: [please specify] Form 9 -- 50 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 46 and having noted: * the following specific concerns raised by the senior next of kin prior to making this decision: [please specify] * it has not been practicable to consider the above matters because the senior next of kin or the next of kin cannot be located. * it has not been practicable to consider the above matters because there is good reason to direct an immediate autopsy being: [please specify] * that the person making the request for an autopsy direction is not the senior next of kin, and the senior next of kin has been notified of the request. * 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: [please specify] OR *not perform an autopsy, as it is my opinion that a reasonable medical cause of death can be established as being: 1a) *1b) *1c) *1d) *2) based on the advice of the medical investigator, summarised here: *AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages. *AND under 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/*tests be performed or materials removed from the body: [please specify] Form 9 -- 51 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 47 *Note: As the person who made the request for this autopsy direction is not the senior next of kin, I hereby direct that the senior next of kin be notified of whether the request has been granted or refused. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: If a direction is made regarding autopsy/partial autopsy, reasonable steps must be taken to give notice of the determination to the senior next of kin pursuant to section 26(1) of the Coroners Act 2008. A direction for autopsy/partial 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 against the direction that an autopsy/partial autopsy be performed. The senior next of kin may appeal a direction that an autopsy/partial autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 9 -- 52 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 48 FORM 10 Rule 35 DECISION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE RECONSIDERED Section 26 of the Coroners Act 2008 Court reference: I [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the circumstances surrounding the death of: Surname: First name: Date of Death (if known): having been asked by the senior next of kin to reconsider the direction that an *autopsy/*partial autopsy be performed (pursuant to section 26(2) of the Coroners Act 2008) and taken into account their specific concerns, being: [please specify] hereby: *REVOKE my previous direction regarding *autopsy/*partial autopsy; *REAFFIRM my previous direction regarding *autopsy/*partial autopsy; *AMEND my previous direction regarding *autopsy/*partial autopsy, by imposing the following conditions: [list] for the following reasons: [list] Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: If a direction is made to reaffirm or to amend the direction regarding autopsy or partial autopsy, written notice of the determination must be given to the senior next of kin pursuant to section 26(3). Form 10 -- 53 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 49 A direction for autopsy/partial 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 against the direction that an autopsy/partial autopsy be performed. The senior next of kin may appeal a direction that an autopsy/partial autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 10 -- 54 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 50 FORM 11 Rule 36 DECISION BY CORONER IN RELATION TO REQUEST FOR AUTOPSY Section 27 of the Coroners Act 2008 Court reference: Notice to: [name of applicant] In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request for autopsy from [name of applicant] in relation to: Details of deceased: Surname: First name: Address: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *have decided to order an autopsy *have decided not to order an autopsy for the following reasons: 1. 2. 3. Signature: Date: Form 11 -- 55 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 51 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Pursuant to Section 27(2) of the Coroners Act 2008, written reasons for a refusal to order an autopsy must be given to the person requesting the autopsy. 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 __________________ Form 11 -- 56 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 52 FORM 12 Rule 37(3) ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL Section 28(2) of the Coroners Act 2008 Court reference: Details of deceased: Surname: First name: Address: *Date of birth (if known): *Age: Gender: *Male *Female I, [name of medical investigator], request the Coroner to make a direction to enable the following tissue(s)/material(s) to be preserved: [list organs] for the following reasons: [list reasons] anticipate the duration for preservation will be approximately: [insert number] *days *weeks *months (If different durations, please specify below): The tissue(s) material(s) *is/*is not likely to be consumed by the testing. (If more than one tissue/material, please specify below): *It is my opinion, that the following restrictions should be placed on the release of the tissue(s)/material(s): [list restrictions] Form 12 -- 57 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 53 Signature of Medical Investigator: Date: *Delete if inapplicable __________________ Form 12 -- 58 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 54 FORM 13 Rule 37 DIRECTION TO PRESERVE TISSUE OR MATERIAL Section 28 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female 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 [insert number] *days/*weeks/ *months. [If different durations are required for different tissues/materials, specify below.] *The follow restrictions are imposed: [list restrictions] Signature: Date: *Delete if inapplicable __________________ Form 13 -- 59 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 55 FORM 14 Rule 38(3) REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL Section 28 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name and title], on behalf of [name senior next of kin], the senior next of kin of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: *Return of tissue/material request that the following tissue(s)/material(s) be released following the medical examination *with/*without the body: [list] to the senior next of kin’s nominated the funeral director, [name and code of funeral director], to: *cremate *bury *other method of disposal: [please specify] [Name of senior next of kin] understands and agrees to the restrictions, if any, imposed by the Coroner. Form 14 -- 60 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 56 *Destruction of tissue/material have advised [name of senior next of kin] that the tissue(s)/material(s) of the deceased is likely to be consumed by testing, and have sought their consent to the: *cremation of the tissue(s)/material(s) with the ashes to be reunited with the other ashes. *cremation of the tissue(s)/material(s) with the ashes to be scattered by the Institute at Bunurong. *burial of the tissue(s)/material(s). *other method of disposal in a culturally sensitive manner. *Medical research [Name of senior next of kin] *has/*has not consented to the tissue(s)/material(s) being used for medical research. Signature and title of person making contact: Date: Time: *Delete if inapplicable __________________ Form 14 -- 61 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 57 FORM 15 Rule 38(5) ORDER TO RELEASE PRESERVED TISSUE OR MATERIAL Section 28 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: ORDER the release of the [tissue(s)/material(s)] 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) *with/*without the body. Signature: Date: *Delete if inapplicable __________________ Form 15 -- 62 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 58 FORM 16 Rule 39(1) REQUEST TO INVESTIGATE A FIRE Sections 30 and 31 of the Coroners Act 2008 Court reference: 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: *Date of fire: *Which occurred between the dates of: for the following reasons: 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 16 -- 63 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 59 FORM 17 Rule 39(2) DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE Sections 30 and 31 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request to investigate the following fire: Details of fire: Location of fire: Date of fire: from the requestor: Surname: First name: Organisation: Address: *determine that the fire will be investigated *determine that the fire will not be investigated pursuant to *section 30(3)/*section 31(2) of the Coroners Act 2008 for the following reason(s): 1. 2. 3. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: If refusing a request to investigate a fire, written reasons must be given to the requestor. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 17 -- 64 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 60 FORM 18 Rule 43 AUTHORISATION BY CORONER TO A MEMBER OF THE POLICE FORCE Sections 39, 40 and 41 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner/*investigating the death of: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *investigating the fire: Location of fire: *Date of fire: *Which occurred between the dates of: by virtue of section 39 of the Coroners Act 2008 authorise: [Name of investigating officer], a member of the police force and, pursuant to section 39(3) with the assistance of: [insert additional names if required] *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 Coroners Act 2008 (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; *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 abovementioned *death/*fire. Form 18 -- 65 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 61 Schedule: [list] The powers contained in this authorisation must be exercised at or between the hours of and during the period commencing [day] of [month] [year], and concluding [day] of [month] [year]. This period is not to exceed 30 days after the date of this authority. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Section 40(1) of the Coroners Act 2008 provides: A coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39, 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: A person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of police for under subsection (1). Section 41 of the Coroners Act 2008 provides: A coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39, 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; (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 __________________ Form 18 -- 66 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 62 FORM 19 Rule 43(3) RESULT OF SEARCH Section 39 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] Investigation into the: *Death of: [name of deceased] *Fire at: [location of fire] *Authority executed by [name] at [time] *a.m./*p.m. on [date]. Signature: *This Authority is returned unexecuted because: [insert reasons] Copy of Authority served on [name] (owner/occupier/person in charge of premises) of [address]. Description of how person served: [please specify] Things seized: (number each item) 1. 2. 3. 4. 5. (attach additional pages if insufficient space) The items listed above are retained under my control unless otherwise ordered by the coroner. Form 19 -- 67 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 63 *Coroner's directions: (complete if required) 1. 2. 3. 4. 5. Signature: At: [place] Date: Report of search forwarded on: [date] Surname: Reg. number: *Delete if inapplicable __________________ Form 19 -- 68 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 64 FORM 20 Rule 44(1) APPLICATION FOR EXHUMATION Section 43 of the Coroners Act 2008 Court reference: I [name], Details of applicant: Organisation (if applicable): Title (Mr, Mrs, Ms Dr, etc.): Surname: First name: Relationship to deceased (if any): Contact number(s): Email: am applying to the Coroner for an authorisation of an exhumation of the body of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: from the following place: Details of burial: Location of burial: Date of burial: Form 20 -- 69 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 65 My reasons for this application include: Reason(s) for application: 1. 2. 3. Signature of applicant: Date: *Delete if inapplicable __________________ Form 20 -- 70 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 66 FORM 21 Rule 44(2) DETERMINATION FOLLOWING AN APPLICATION FOR EXHUMATION Section 43(3) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of: Details of applicant: Organisation (if applicable): Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Relationship to deceased (if any): to exhume: Details of deceased: Surname: First name: Relationship to deceased (if any): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: refuse to authorise the exhumation for the following reasons: Reason(s) for refusal: 1. 2. 3. Form 21 -- 71 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 67 Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: An appeal can be made to the Supreme Court of Victoria against a refusal of authorisation to exhume in certain circumstances. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 21 -- 72 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 68 FORM 22 Rule 46(1) NOTICE OF INTENTION TO AUTHORISE EXHUMATION Section 45 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the circumstances surrounding the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: I intend to authorise the exhumation of the body of the deceased. The deceased is buried at [place of interment or cemetery]: *On my own motion pursuant to section 44 of the Coroners Act 2008; *Based on an application pursuant to section 43 of the Coroners Act 2008; AND order that notice of this intention is given to: [name of senior next of kin] The senior next of kin may provide suggestions as to how and whether the proposed exhumation should be conducted and that they may appeal to the Supreme Court under Part 7 of the Coroners Act 2008 against the authorisation made under section 46 of the Coroners Act 2008; AND *[name of cemetery trust], responsible for public cemetery; *[name of owner of land] where the place of interment is located, pursuant to the Cemeteries and Crematoria Act 2003. Form 22 -- 73 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 69 Signature: Date: *Delete if inapplicable __________________ Form 22 -- 74 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 70 FORM 23 Rule 46(2) AUTHORISATION OF EXHUMATION Section 46 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the circumstances surrounding the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: AND *Having considered the following suggestions raised by [name] regarding the order made pursuant to section 45 of the Coroners Act 2008: [please specify] *Having not received any suggestions from any persons regarding the making of the order made pursuant to section 45 of the Coroners Act 2008 hereby authorise that the body of the deceased person be exhumed. *subject to the following conditions: 1. 2. 3. Form 23 -- 75 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 71 AND hereby further order that the body be taken without delay to the [place/address] and be held there. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A notice of this authorisation must be given to the persons who were notified of the coroner's intention to exhume the body under section 45 (Form 23). Section 46(5) of the Coroners Act 2008 provides that authorisation does not take effect until 48 hours after senior next of kin is notified (or any further period specified by the State Coroner) unless: (a) the State Coroner directs that exhumation be conducted immediately; or (b) within that period, the senior next of kin advises the State Coroner that he or she will not appeal to the Supreme Court of Victoria against the authorisation. An appeal can be made to the Supreme Court of Victoria within 48 hours after the authorisation has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 23 -- 76 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 72 FORM 24 Rule 47 ORDER FOR RELEASE OF BODY Section 47 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner pursuant to section 47 of the Coroners Act 2008, order that the body of: Details of deceased: Surname: First name: Address: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: be released to [name of person to whom body is to be released] *subject to the following terms and/or conditions: Terms and/or conditions: 1. 2. 3. 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. Form 24 -- 77 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 73 Details of funeral director (if known): Organisation: Funeral director's code: Contact number(s): Email: Signature: Date: *Delete if inapplicable __________________ Form 24 -- 78 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 74 FORM 25 Rule 48 APPLICATION FOR THE RELEASE OF BODY Section 48 of the Coroners Act 2008 Court reference: Details of applicant: Title (Mr, Mrs, Ms Dr, etc.): Surname: First name: Relationship to deceased (if any): Contact number(s): Email: Details of deceased: Surname: First name: Date of birth (if known): Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: Details of funeral director: Organisation: Funeral director's code: Contact number(s): Email: Reason(s) for application: 1. 2. 3. Form 25 -- 79 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 75 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: An appeal can be made to the Supreme Court of Victoria within 48 hours after the time on which this determination has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 25 -- 80 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 76 FORM 26 Rule 49(1) REQUEST FOR INQUEST INTO DEATH Section 52(5) of the Coroners Act 2008 Court reference: I [name], Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Relationship to deceased (if any): Postal address: Email: request that the Coroner hold an inquest into the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: my reasons for this application include: 1. 2. 3. Form 26 -- 81 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 77 Signature of applicant: Date: *Delete if inapplicable __________________ Form 26 -- 82 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 78 FORM 27 Rule 49(2) REQUEST FOR INQUEST INTO FIRE Section 53(2) of the Coroners Act 2008 Court reference: I [name], Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Relationship to deceased (if any): Postal address: Email: request that the Coroner hold an inquest into the fire at: Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: my reasons for this application include: 1. 2. 3. Signature of applicant: Date: *Delete if inapplicable __________________ Form 27 -- 83 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 79 FORM 28 Rule 50(1) DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO DEATH Section 52(6) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: 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: 1. 2. 3. Signature: Date: Form 28 -- 84 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 80 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A copy of this decision must be provided to the person who made the request. An appeal can be made to the Supreme Court of Victoria within 3 months after the day on which this determination has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 28 -- 85 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 81 FORM 29 Rule 50(2) DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO FIRE Section 53(3) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the following fire: Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: 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: 1. 2. 3. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Written notice of this decision must be provided to the person who made the request within 3 months of receiving the request. Form 29 -- 86 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 82 An appeal can be made to the Supreme Court of Victoria within 3 months after the day on which this decision has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 29 -- 87 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 83 FORM 30 Rule 52 ORDER EXCLUDING A PERSON OR CLASS OF PERSON FROM AN INQUEST Section 55(2)(d) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the— *death of [name of deceased] *fire occurring on [date of fire or between dates]: 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: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A breach of this order may be dealt with as contempt of court. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 30 -- 88 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 84 FORM 31 Rule 53(2) APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY Section 56 of the Coroners Act 2008 Court reference: Details of applicant: Title (Mr, Mrs, Ms Dr, etc.): Surname: First name: Relationship to deceased (if appropriate): Contact number(s): Email: Details of deceased (if applicable): Surname: First name: Date of birth (if known): Age: Gender: *Male *Female Date of death/suspected death (if known): Place of death/suspected death (if known): Details of fire (if applicable): Location of fire: *Date of fire: *Which occurred between the dates of: Are you seeking to be joined for: *whole of the inquest; *part of the inquest, if part please specify which part: Form 31 -- 89 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 85 If you are granted leave, do you intend to be represented by an Australian lawyer or any other person? *No *Yes, if yes please provide details below: Details of legal representative: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Name of firm: Postal address: Contact number(s): Email: Under section 56 of the Coroners Act 2008, you are required to satisfy the Coroner that you have sufficient interest in the inquest and it is appropriate for you to be given leave to be joined as an interested party. Please provide reasons for your application: 1. 2. 3. Signature of *applicant/*legal representative: Date: *Delete if inapplicable __________________ Form 31 -- 90 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 86 FORM 32 Rule 54 PRIVILEGE IN RESPECT OF SELF INCRIMINATION IN OTHER PROCEEDINGS Section 57 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the *death of/*fire: *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: This Court certifies under section 57 of the Coroners Act 2008 of Victoria that evidence in these proceedings by [name of witness] on [date or dates], a record of which is attached to this certificate, is evidence/information to which section 57 of that Act applies. A transcript or other record of the evidence is to be attached to this certificate and duly authenticated by the Court or the registrar of the office of the Coroners Court. Signature: Date: Form 32 -- 91 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 87 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Section 57(7) of the Coroners Act 2008 provides as follows: 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 as follows: Subsection (7) has the 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. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 32 -- 92 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 88 FORM 33 Rule 55 WARRANT TO ARREST Section 59 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the: *death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *fire at: Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA The person is [name of person] of [address] *was summoned by a coroner under section 55 of the Coroners Act 2008 and has neglected/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. *OR Form 33 -- 93 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 89 *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. 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: 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: 1. 2. 3. *Delete if inapplicable __________________ Form 33 -- 94 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 90 FORM 34 Rules 57(3) and 59(2) APPLICATION TO ACCESS SEIZED THING OR TO HAVE SEIZED THING RELEASED Section 114 of the Coroners Act 2008 Court reference: Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Relationship to deceased (if any): Postal address: Email: Details of legal representative (if applicable): Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Firm/Position held: Postal address: Email: *Details of deceased: Surname: First name: Date of birth (if known): Age: Gender: *Male *Female Date of death/suspected death (if known): Form 34 -- 95 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 91 *Details of fire (if applicable): Location of fire: Date of fire: Fire between these dates: Request that the following thing(s) be *accessed by/*released to [name of person]: 1. 2. 3. My reason(s) for this request include: 1. 2. 3. I am agreeable to the following conditions/undertakings: 1. 2. 3. Signature of applicant: Date: *Delete if inapplicable __________________ Form 34 -- 96 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 92 FORM 35 Rule 57(5) ORDER BY CORONER TO ACCESS SEIZED THING Section 114 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] 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/*fire: *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: *Refuse the application *Authorise access to the following thing(s): 1. 2. 3. *On the following conditions: 1. 2. 3. Form 35 -- 97 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 93 Signature: Date: *Delete if inapplicable __________________ Form 35 -- 98 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 94 FORM 36 Rules 58(3) and 59(4) ORDER BY CORONER TO RELEASE OR DESTROY SEIZED THING Section 114 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner regarding the circumstances of the *death of/*fire: *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: order that [list thing(s)] be: *released to [name of owner] of [address] *released to [specify person] of [address] as the owner cannot be identified or found *destroyed by [specify by whom] *be disposed of in the following manner [outline manner to be disposed of] by [specify by whom] Form 36 -- 99 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 95 Signature: Date: *Delete if inapplicable __________________ Form 36 -- 100 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 96 FORM 37 Rule 60(1) FINDING INTO DEATH WITH INQUEST Section 67 of the Coroners Act 2008 Court reference: Inquest into the Death of [name of deceased] Delivered on: Delivered at: Hearing dates: Findings of: [name of coroner] Representation: [list representation] Place of death/suspected death: *SCAU [name of SCAU member] *Counsel assisting the Coroner [name of barrister] [name of solicitor] In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: *Address: 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] and death occurred *on or about [date]/*between [date] and [date] at [full address of place of death] Form 37 -- 101 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 97 from [cause of death] in the following circumstances: 1. 2. 3. *COMMENTS: Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death (including any notification to the Director of Public Prosecutions under section 69(2) of that Act): 1. 2. 3. *RECOMMENDATIONS: Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death: 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 37 -- 102 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 98 FORM 38 Rule 60(2) FINDING INTO DEATH WITHOUT INQUEST Section 67 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: *Address: without holding an inquest: find that the identity of the deceased was [full name of deceased] and death occurred *on or about [date]/*between [date] and [date] at [full address of place of death] from [cause of death] *Pursuant to section 67(2) of the Coroners Act 2008, an inquest into the death was not held and the deceased was not immediately before the person died, a person placed in custody or care and there is no public interest to be served in making findings regarding circumstances; *Pursuant to section 67(2) of the Coroners Act 2008, an inquest into the death was not held and the deceased was not immediately before the person died, a person placed in custody or care; but there is a public interest to be served in making findings regarding the following circumstances: 1. 2. 3. Form 38 -- 103 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 99 *COMMENTS: Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death: 1. 2. 3. *RECOMMENDATIONS: Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death: 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 38 -- 104 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 100 FORM 39 Rule 61(1) FINDING INTO FIRE WITH INQUEST Section 68 of the Coroners Act 2008 Court reference: Inquest into the Fire of [location and date(s) of fire] Delivered on: Delivered at: Hearing dates: Findings of: [name of coroner] Representation: [list representation] Place of fire: *SCAU: [name of SCAU member] *Counsel assisting the Coroner [name of barrister] [name of solicitor] In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire of: Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: AND having held an inquest in relation to this fire on [date] at [place of inquest] find that the cause and origin of the fire was: 1. 2. 3. Form 39 -- 105 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 101 In the following circumstances: 1. 2. 3. *RECOMMENDATIONS: Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 39 -- 106 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 102 FORM 40 Rule 61(2) FINDING INTO FIRE WITHOUT INQUEST Section 68 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire of: Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: without holding an inquest find that the cause and origin of the fire was [details of cause and origin] *Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death: 1. 2. 3. Signature: Date: *Delete if inapplicable __________________ Form 40 -- 107 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 103 FORM 41 Rule 62 NOTIFICATION THAT INQUEST WILL NOT BE HELD OR DISCONTINUED Section 71 of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: determine pursuant to section 71 of the Coroners Act 2008, that: *an inquest will not be held *the inquest will be discontinued in respect of this death as [name of person] has been charged with an indictable offence and the making of a finding would be inappropriate in the circumstances. Signature: Date: *Delete if inapplicable __________________ Form 41 -- 108 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 104 FORM 42 Rule 64 SUPPRESSION ORDER Section 73(2) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the investigation into the death of: Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: order that the following: *document(s) [list documents] *material(s) [list materials] *evidence [list evidences] *any further orders [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 to prejudice the fair trial of a person; *be contrary to public interest. Form 42 -- 109 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 105 Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: A breach of this order may incur 60 penalty units. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 42 -- 110 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 106 FORM 43 Rule 65(1) APPLICATION TO SET ASIDE FINDING Section 77 of the Coroners Act 2008 Court reference: Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Agent and firm name (if applicable): Relationship to deceased (if applicable): Postal address: Email: I request that the Coroner set aside *the whole finding(s)/*the following parts of the finding(s) into the *death of/*following fire: *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: Details of investigation: Findings by: Date of finding(s): Form 43 -- 111 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 107 Details of the order sought: *all of the findings be set aside. *the following particular findings be set aside: [detail particular findings to be set aside] Reason(s) for application: 1. 2. 3. Signature of applicant: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: Pursuant to 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 __________________ Form 43 -- 112 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 108 FORM 44 Rule 65(2) ORDER BY CORONER TO REOPEN INVESTIGATION Section 77(2) and 77(3) of the Coroners Act 2008 Court reference: In the Coroners Court of Victoria at [Melbourne/Regional] I [name], *State Coroner/*Deputy State Coroner/*Coroner having received an application to reopen the investigation into the *death of/*the following fire: *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: make the following order(s): *the findings not be set aside as I am not satisfied that there are new facts and circumstances and/or it is not appropriate to reopen the investigation pursuant to section 77(3) of the Coroners Act 2008; *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] Form 44 -- 113 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 109 *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 reopen the investigation pursuant to section 77(3)(b) of the Coroners Act 2008. Signature: Date: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: An appeal can be made to the Supreme Court of Victoria within 3 months after the day on which this determination has been made. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable __________________ Form 44 -- 114 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 110 FORM 45 Rule 67 APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/INQUEST TRANSCRIPT Sections 115 and 63 of the Coroners Act 2008 Court reference: Details of applicant: Title (Mr, Mrs, Ms, Dr, etc.): Surname: First name: Agent and firm name^: Relationship to deceased (if applicable): Postal address: Email: (^Agent: Please attach signed authority from the senior next of kin or interested party) *Details of deceased: Surname: First name: *Date of birth (if known): *Age: Gender: *Male *Female Date of death/suspected death: Place of death/suspected death: *Details of fire: Location of fire: *Date of fire: *Which occurred between the dates of: Form 45 -- 115 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 111 Details of documents sought: 1. 2. 3. Category of request: I am requesting the above documents as: *an interested party (claiming to have sufficient interest) *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 who has a sufficient interest in the document (rule 67(1)) NOTE: 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(1). Reason(s) for request: 1. 2. 3. Form of access: *I wish to inspect the document(s) *I require a copy of the document(s) Confirmation I confirm that all 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. Signature of applicant: Date: Form 45 -- 116 of 117 -- Coroners Court Rules 2009 S.R. No. 131/2009 112 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTE: The applicant may be required to pay processing charges in respect of their application. If so, a statement of charges will be provided to the applicant. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if inapplicable Dated: 29 October 2009 JUDGE JENNIFER ANN COATE, State Coroner IAIN T. WEST, Deputy State Coroner PARESA ANTONIADIS SPANOS, Coroner ═══════════════ Form 45 -- 117 of 117 --