Coroners Regulations 1996

i Coroners Regulations 1996 S.R. No. 36/1996 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 2 11. Objection to autopsy 2 12. Exhumation—Form 3 3 13. Objection to exhumation 3 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 4 19. Exclusion from an inquest—Form 7 4 20. Application for an inquest with jury 5 21. Summoning of jury—Form 8 5 22. Powers of entry, inspection and possession—Form 9 5 23. Request for release of thing kept in possession—Form 10 5 24. Access to records 5 __________________ FORMS FORM 1—Record of investigation into death or fire 7 FORM 2—Certificate permitting burial, cremation or other disposal 8 FORM 3—Order for exhumation of body 9 FORM 4—Notice restricting access to fire area 10 FORM 5—Summons to give evidence or bring documents 11 FORM 6—Warrant of apprehension where witness fails to appear 13 FORM 7—Order excluding people from an inquest 14 -- 1 of 21 -- Regulation Page ii FORM 8—Summons to juror 16 FORM 9—Coroner's authority to a member of the police force 17 FORM 10—Undertaking to comply with conditions of release 18 ═══════════════ NOTES 19 -- 2 of 21 -- 1 STATUTORY RULES 1996 S.R. No. 36/1996 Coroners Act 1985 Coroners Regulations 1996 The Governor in Council makes the following Regulations: Dated: 7 May 1996 Responsible Minister: JAN WADE Attorney-General NICOLE WHITE Acting 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 21 -- S.R. No. 36/1996 Coroners Regulations 1996 2 3. Commencement These Regulations come into operation on 12 May 1996. 4. Revocation The 1 Coroners Regulations 1986 are revoked. 5. Definition In these Regulations "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 to hold an inquest into a death must be made in writing and specify why the inquest is sought. 8. Record of findings and comments—Form 1 The record of each investigation of a death must be in Form 1. 9. Certificate of burial—Form 2 A certificate of burial issued under section 23 of the Act must be in Form 2. 10. Application for autopsy A request to a coroner to direct that an autopsy be performed on a body must be made in writing and 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 to direct that no autopsy be conducted on the body should initially be made by r. 3 -- 4 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 3 telephone, or other similar means of communication, immediately after the death. (2) Within 24 hours of a request being made under sub-regulation (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 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 place of burial where the body is buried at least 48 hours before the body is exhumed, unless the State Coroner is satisfied it is not possible to do so. 13. Objection to exhumation (1) A request by the senior next of kin to the State Coroner asking that a body not be exhumed must be made in writing and specify the reasons why the body should not be exhumed. (2) A request made under sub-regulation (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. (3) Where an application has been made under sub-regulation (1) and the State Coroner after considering it decides to exhume the body notice in writing of that decision must be served on the senior next of kin immediately. (4) Where a notice is required to be served under sub-regulation (3) the exhumation of the body r. 12 -- 5 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 4 must be postponed until 48 hours have elapsed after the service of that notice. 14. Application for investigation into a fire A request by a person to a coroner asking that the coroner investigate a fire must be made in writing and specify the reason why an investigation is sought. 15. Application for an inquest into a fire A request by a person to a coroner asking that the coroner hold an inquest into a fire must be made in writing and specify the reason why an inquest is sought. 16. Record of findings and comments—Form 1 A record of each investigation into a fire must be in Form 1. 17. Restriction to fire area—Form 4 A notice under section 40 of the Act restricting access to a fire area must be in Form 4. 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 sub-regulation (1) must be served personally. (3) A warrant of apprehension issued 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) Where a coroner makes an order under section 47(1) of the Act he or she must notify the— (a) State Coroner; and r. 14 -- 6 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 5 (b) Attorney-General— that the order has been made and the reason for making the order. 20. Application for an inquest with jury A request to the coroner under section 50(1) of the Act asking the coroner to hold an inquest with a jury must be in writing and specify the reason why an inquest with a jury is sought. 21. Summoning of jury—Form 8 A summons issued under section 52 of the Act must be in Form 8. 22. Powers of entry, inspection and possession—Form 9 An authorisation to a member of the police force under section 26(3) or section 41(3) of the Act must be in Form 9. 23. Request for release of thing kept in possession—Form 10 (1) A request to the coroner to release any thing kept under section 26(1)(c) or section 41(1)(c) of the Act must be in writing and specify the reasons why the release of the thing is sought. (2) An undertaking given under section 26(5) or section 41(5) of the Act must be in writing and be in Form 10. 24. Access to records (1) Before the completion of— (a) an investigation or inquest into a death; or (b) an investigation or inquest into a fire— a coroner's file or any part of it must be made available to such people or class of people as the coroner directs. (2) After the completion of— r. 20 r. 24 -- 7 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 6 (a) an investigation or inquest into a death; or (b) an investigation or inquest into a fire— the coroner's record and file is to be open to public access unless the coroner orders otherwise. __________________ -- 8 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 7 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 19 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 Coroner __________________ Form 1 -- 9 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 8 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 ,19 . Coroner *Delete if inapplicable __________________ Form 2 -- 10 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 9 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 -- 11 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 10 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: 100 Penalty Units or 3 MONTHS IMPRISONMENT __________________ Form 4 -- 12 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 11 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 Coroner's Court Phone No. Time Day Month Year Information about this summons Form 5 -- 13 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 12 Issued at By Signature Date 19 . State Coroner Coroner Coroner's Clerk __________________ Form 5 -- 14 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 13 FORM 6 WARRANT OF APPREHENSION WHERE WITNESS FAILS TO APPEAR Regulation 18(3) (section 46(4) of the Coroners Act 1985) In the Coroner's Court 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 Coroner's Court to answer the Summons and to be further dealt with according to law. Issued at , 19 Coroner I DIRECT that the witness when apprehended may be released on *his/her signing and undertaking conditioned for *his/her appearance before the Coroner's Court at on 19 Coroner __________________ Form 6 -- 15 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 14 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. Information about the making of the order Form 7 -- 16 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 15 Made by Where When Signature †State Coroner †Coroner Time Day Month Year __________________ Form 7 -- 17 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 16 FORM 8 Regulation 21 SUMMONS TO JUROR (section 52 of the Coroners Act 1985) Sheriff's Telephone: Sheriff's Office. To: JURY ROLL No.: PANEL No.: Dear Sir/Madam, YOU ARE SUMMONED to attend the Coroner's Court at on at 10 a.m. and you should present this summons to my representative at the Court. You must not then absent yourself without leave of the Court. You should read carefully the information provided for your direction and guidance. Yours faithfully, Coroner __________________ Form 8 -- 18 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 17 FORM 9 Regulation 22 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 19 and concluding on 19 (such period not to exceed one month after the date of this authority). Dated at on 19 . Coroner * Delete if inapplicable. __________________ Form 9 -- 19 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 18 FORM 10 Regulation 23 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 10 -- 20 of 21 -- S.R. No. 36/1996 Coroners Regulations 1996 19 NOTES 1 S.R. No. 126/1986. -- 21 of 21 --