Coroners Regulations 2007

i Coroners Regulations 2007 S.R. No. 28/2007 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2. Authorising provision 1 3 Commencement 2 4 Revocation 2 5 Definition 2 6 Reporting of deaths 2 7 Application for an inquest into a death 2 8 Record of findings and comments—Form 1 2 9 Certificate of burial—Form 2 2 10 Application for autopsy 3 11 Objection to autopsy 3 12 Exhumation—Form 3 3 13 Objection to exhumation 4 14 Application for investigation into a fire 4 15 Application for an inquest into a fire 4 16 Record of findings and comments—Form 1 4 17 Restriction to fire area—Form 4 4 18 Powers of coroner at inquest—Forms 5 and 6 5 19 Exclusion from an inquest—Form 7 5 20 Powers of entry, inspection and possession—Form 8 5 21 Request for release of thing kept in possession—Form 9 5 __________________ Form 1—Record of Investigation into Death or Fire 6 Form 2—Certificate permitting burial, cremation or other disposal 7 Form 3—Order for exhumation of body 8 Form 4—Notice restricting access to fire area 9 Form 5—Summons to give evidence or bring documents 10 Form 6—Warrant of apprehension where witness fails to appear 12 Form 7—Order excluding people from an inquest 13 -- 1 of 19 -- Regulation Page ii Form 8—Coroner's authority to a member of the police force 15 Form 9—Undertaking to comply with conditions of release 16 ═══════════════ ENDNOTES 17 -- 2 of 19 -- 1 STATUTORY RULES 2007 S.R. No. 28/2007 Coroners Act 1985 Coroners Regulations 2007 The Governor in Council makes the following Regulations: Dated: 1 May 2007 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to provide forms and machinery provisions for— (i) inquests and investigations into deaths; and (ii) inquests and investigations into fires; and (iii) applications dealing with autopsy and exhumation; and (b) to prescribe various matters necessary to be prescribed under the Act. 2. Authorising provision These Regulations are made under section 63 of the Coroners Act 1985. -- 3 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 2 3 Commencement These Regulations come into operation on 5 May 2007. 4 Revocation The Coroners Regulations 19961 are revoked. 5 Definition In these Regulations the Act means the Coroners Act 1985. 6 Reporting of deaths A coroner or officer in charge of a police station may inform the State Coroner by telephone, or other similar means of communication, of a reported death. 7 Application for an inquest into a death A request to a coroner under section 18 of the Act to hold an inquest into a death must be— (a) in writing; and (b) specify the reason why the inquest is sought. 8 Record of findings and comments—Form 1 For the purposes of section 20 of the Act, a record of an investigation into a death is in the prescribed form if it is in the form of Form 1. 9 Certificate of burial—Form 2 For the purposes of section 23 of the Act, a certificate of burial is in the prescribed form if it is in the form of Form 2. r. 3 -- 4 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 3 10 Application for autopsy A request to a coroner under section 28 of the Act to direct that an autopsy be performed on a body must be— (a) in writing; and (b) specify the reason why the autopsy is sought. 11 Objection to autopsy (1) A request by the senior next of kin of the deceased to the coroner under section 29 of the Act to direct that no autopsy be conducted on the body may initially be made by telephone, or other similar means of communication, immediately after the death. (2) Within 24 hours of a request being made under subregulation (1) the senior next of kin must deliver to the coroner a written application setting out reasons why the autopsy should not be conducted. 12 Exhumation—Form 3 (1) An order by the State Coroner under section 30(1) of the Act that a body be exhumed must be in Form 3. (2) A copy of the order in writing must be served on— (a) the senior next of kin of the deceased; and (b) the trustees or owners of the cemetery, burial ground, or other place of burial where the body is buried— at least 48 hours before the body is exhumed, unless the State Coroner is satisfied that it is not possible to do so. r. 10 -- 5 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 4 13 Objection to exhumation (1) A request by the senior next of kin to the State Coroner under section 30(3) of the Act that a body not be exhumed must be in writing. (2) A request made under subregulation (1) must be served on the State Coroner within 48 hours of the senior next of kin being served with a copy of the order for the exhumation of the body. 14 Application for investigation into a fire A request by a person to a coroner under section 32 of the Act to investigate a fire must— (a) be in writing; and (b) specify the reason why the investigation is sought. 15 Application for an inquest into a fire A request by a person to a coroner under section 35 of the Act that the coroner hold an inquest into a fire must be— (a) be in writing; and (b) specify the reason why the inquest is sought. 16 Record of findings and comments—Form 1 The record of each investigation into a fire kept in accordance with section 37 of the Act must be in Form 1. 17 Restriction to fire area—Form 4 A notice under section 40 of the Act restricting access to a place where a fire occurred must be in Form 4. r. 13 -- 6 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 5 18 Powers of coroner at inquest—Forms 5 and 6 (1) A summons issued under section 46(1) of the Act must be in Form 5. (2) A summons referred to in subregulation (1) must be served personally. (3) A warrant to apprehend a person under section 46(4) of the Act must be in Form 6. 19 Exclusion from an inquest—Form 7 (1) An order made under section 47(1) of the Act excluding people from an inquest must be in Form 7. (2) If a coroner makes an order under section 47(1) of the Act he or she must notify the— (a) State Coroner; and (b) Attorney-General— in writing that the order has been made and specify the reason for making the order. 20 Powers of entry, inspection and possession—Form 8 An authorisation to a member of the police force under section 26(3) or 41(3) of the Act must be in Form 8. 21 Request for release of thing kept in possession— Form 9 (1) A request to the coroner to release any thing kept under section 26(1)(c) or 41(1)(c) of the Act must— (a) be in writing; and (b) specify the reason why the release of the thing is sought. (2) An undertaking given under section 26(5) or 41(5) of the Act must be in Form 9. __________________ r. 18 -- 7 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 6 FORM 1 Regulations 8 and 16 RECORD OF INVESTIGATION INTO DEATH OR FIRE (sections 20 and 37 of the Coroners Act 1985) I, , Coroner, having investigated— 1. *The death of *A fire which burned at 2. *Without holding an inquest. *With an inquest held at on 20 3. *Find that— *The identity of the deceased was and that death occurred on / / at from (state cause of death) in the following circumstances. *The cause and the origin of the fire was and the circumstances in which the fire occurred were— 4. And I further find that contributed to— *the cause of death/the fire. 5. Comments Dated at , 20 . Coroner *Delete if inapplicable __________________ Form 1 -- 8 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 7 FORM 2 Regulation 9 Ref. No. CERTIFICATE PERMITTING BURIAL, CREMATION OR OTHER DISPOSAL (section 23 of the Coroners Act 1985) I, Coroner, PERMIT *Burial *Cremation *Disposal at Sea *Other disposal, namely of the body of Dated at , 20 . Coroner *Delete if inapplicable __________________ Form 2 -- 9 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 8 FORM 3 Regulation 12 (section 30 of the Coroners Act 1985) Ref. No. ORDER FOR EXHUMATION OF BODY To: Postcode Information about the deceased Name of Information about the death When From Time Day Month Year Information about the burial of the body When Where Day Month Year Postcode Information about the making of this order The body must be exhumed and taken to and held until I order that it may be buried again. Information about the order Made by When Signature State Coroner Day Month Year __________________ Form 3 -- 10 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 9 FORM 4 Regulation 17 NOTICE RESTRICTING ACCESS TO FIRE AREA (Section 40(2) of the Coroners Act 1985) RESTRICTED AREA NO ENTRY WITHOUT CORONER'S AUTHORITY Penalty: 10 Penalty Units or 3 MONTHS IMPRISONMENT __________________ Form 4 -- 11 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 10 FORM 5 Regulation 18(1) (Section 46(1) of the Coroners Act 1985) Ref. No. SUMMONS TO GIVE EVIDENCE OR BRING DOCUMENTS To— Postcode An inquest is to be held into *The death of Which happened on *The fire at Which happened on Day Month Year Postcode Day Month Year What you must do You must go to the inquest and *give evidence *bring the following documents and materials— Information about the inquest Where you must go At When State Coroner's Office Phone No. Time Day Month Year Form 5 -- 12 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 11 Information about this summons Issued at By Signature Date 20 . State Coroner Coroner Coroner's Clerk *Delete if inapplicable __________________ Form 5 -- 13 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 12 FORM 6 Regulation 18(3) WARRANT OF APPREHENSION WHERE WITNESS FAILS TO APPEAR (section 46(4) of the Coroners Act 1985) In the State Coroner's Office at INQUEST INTO THE DEATH OF— INQUEST INTO FIRE AT— To all members of the Police Force of the State of Victoria The witness who has failed to appear is of THE WITNESS has neglected to appear at the time and place appointed in and by a Summons to attend as witness or to produce documents or other materials and it is proved to me, upon oath, that the Summons was served personally on the witness. I AUTHORISE you to enter and search at any time with all force as may be necessary any place where the witness is suspected to be present; AND TO bring the witness and bring the witness before the State Coroner's Office to answer the Summons and to be further dealt with according to law. Issued at , 20 Coroner I DIRECT that the witness when apprehended may be released on *his/her signing and undertaking conditioned for *his/her attendance before the State Coroner’s Office at on 20 Coroner __________________ Form 6 -- 14 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 13 FORM 7 Regulation 19 Ref. No. ORDER EXCLUDING PEOPLE FROM AN INQUEST This inquest is being held into The death of Which happened on The fire at Which happened on Day Month Year Postcode Day Month Year Information about the order Who does it apply to? How long does it apply? What if I have been summoned? The Coroner has ordered that the following people: must not enter the room where the inquest is being held. This order applies to— * From Time Day Month Year * To Time Day Month Year * For the whole of the inquest. You must wait outside the room until you are called in to give evidence or deliver documents or other materials. Form 7 -- 15 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 14 Information about the making of the order Made by Where When Signature * State Coroner * Coroner Time Day Month Year __________________ Form 7 -- 16 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 15 FORM 8 Regulation 20 Case No. CORONER'S AUTHORITY TO A MEMBER OF THE POLICE FORCE (sections 26(3) and 41(3) of the Coroners Act 1985) I, Coroner, reasonably believing it necessary for investigating— *the death of *a fire at AUTHORISE , a member of the Police Force *to enter (specify place) *to inspect (specify place) and anything in it. *to take a copy of (specify documents or classes of documents) *to take possession of (specify things or classes of things) at or between the hours of and during the period commencing 20 and concluding on 20 (such period not to exceed one month after the date of this authority). Dated at on 20 . Coroner *Delete if inapplicable __________________ Form 8 -- 17 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 16 FORM 9 Regulation 21 Case No . UNDERTAKING TO COMPLY WITH CONDITIONS OF RELEASE (sections 26(5) and 41(5) of the Coroners Act 1985) Description of things Kept under section 26 or 41 I, Coroner, having taken possession of the things specified above under section 26 or 41 of the Coroners Act 1985, for the purpose of an investigation into *A fire which occurred at *The death of authorise the release of to of on conditions that I, enter this undertaking and acknowledge receipt of a copy thereof setting out my obligations concerning the conditions of release of the things specified in this undertaking and I acknowledge that if I fail to comply with these conditions that I am liable to a penalty. Signature of person entering undertaking I satisfied myself before releasing the things specified in this undertaking that understood the nature and extent of his/her obligations under the conditions of this undertaking and the consequences of his/her failure to comply with them. Undertaking entered on / / at in the State of Victoria before me. Coroner ═══════════════ Form 9 -- 18 of 19 -- S.R. No. 28/2007 Coroners Regulations 2007 17 ENDNOTES 1 Reg. 4: S.R. No. 36/1996. Endnotes -- 19 of 19 --