Coroners Act 2008

i Coroners Act 2008 No. 77 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 2 1 Purposes 2 2 Commencement 2 3 Definitions 3 4 Reportable death 11 5 Reviewable death 13 PART 2—OBJECTIVES 15 6 Role of objectives 15 7 Avoiding unnecessary duplication 15 8 Factors to consider for the purposes of this Act 15 9 Fairness and efficiency of coronial system 16 PART 3—REPORTING OF DEATHS 17 10 Obligation of registered medical practitioner to report death 17 11 Obligation to report death of a person placed in custody or care 17 12 General obligation to report death 18 13 Obligation to report reviewable death 18 PART 4—INVESTIGATION OF DEATHS AND FIRES 19 Division 1—Investigation of deaths 19 14 Deaths a coroner may investigate 19 15 Deaths a coroner must investigate 19 16 Determination by coroner that reported death not a reportable death 19 17 Certain reportable deaths do not require investigation 20 18 Reviewable deaths may be referred to the Institute 21 19 State Coroner may investigate a reviewable death 21 20 Determination by State Coroner that death not a reviewable death 22 21 Providing relevant persons with coronial process information 22 22 Control of the body 23 23 Preliminary examinations 23 -- 1 of 115 -- Section Page ii 24 Identification directions 23 25 Autopsies 24 26 Objections to autopsy 24 27 Request for autopsy 26 28 The removal of tissue and preserving material 26 29 Provision of relevant information by principal registrar 27 Division 2—Investigation of fires 27 30 Fire authority request for fire investigation 27 31 Application for investigation into a fire 27 Division 3—Assistance to coroner in investigation 28 32 Person who made report of death to assist 28 33 Registered medical practitioner to assist 28 34 Person who asks for investigation of fire to assist 28 35 Fire authority to assist 28 36 Assistance from police 29 Division 4—Powers relating to investigation 29 37 Restriction of access to place where death occurred or caused or may occur 29 38 Restriction of access to fire area 30 39 Powers of entry, search, inspection and possession 30 40 Power to direct person to produce documents, operate equipment on entry 31 41 Other powers on entry to premises 32 42 Documents and prepared statements requested by coroner 32 Division 5—Exhumation 33 43 Application for exhumation 33 44 Power to authorise exhumation 33 45 Notice of intention to authorise exhumation 33 46 Authorisation of exhumation 35 Division 6—General 36 47 Release of body 36 48 Application to coroner for release of body 36 49 Notices and provision of information by principal registrar 37 50 Protection against self-incrimination 38 51 Aid to coroners in other places 38 PART 5—INQUESTS INTO DEATHS AND FIRES 39 Division 1—Types of inquests 39 52 Inquest into a death 39 53 Inquest into a fire 40 54 Inquest into multiple deaths and fires 40 -- 2 of 115 -- Section Page iii Division 2—Powers of coroners at inquests 41 55 Coroners' powers at inquests 41 56 Interested party 41 57 Privilege in respect of self-incrimination in other proceedings 42 58 Legal professional privilege 43 59 Issue of warrant to arrest 44 60 Coroner may be assisted 45 Division 3—Process at inquest 45 61 Advertisement of an inquest 45 62 Coroner not bound by rules of evidence 45 63 Record of evidence 45 64 Witnesses to be called and relevant issues 46 65 Inquest to be conducted with little formality 46 66 Rights of interested parties 46 PART 6—FINDINGS, RECOMMENDATIONS AND REFERRALS 47 67 Findings of coroner investigating a death 47 68 Findings of coroner investigating a fire 47 69 Findings not to contain statement regarding guilt 48 70 Apology or reduction or waiver of fees 48 71 Findings not required if inquest not held or discontinued 48 72 Reports and recommendations 49 73 Publication of findings and reports 50 74 Power of coroner to award costs 50 75 Legal protection of Australian lawyers, witnesses and interested parties 51 76 Correction of errors 51 77 Re-opening an investigation 52 PART 7—APPEALS TO SUPREME COURT 53 78 Appeal in relation to determination that death not a reportable death 53 79 Appeals in relation to autopsy 53 80 Appeal in relation to determination of coroner not to investigate a fire 54 81 Appeal in relation to exhumation 54 82 Appeal in relation to determination not to hold an inquest 55 83 Appeal against findings of coroner 55 84 Appeal against refusal by coroner to re-open investigation 55 85 Appeal against order to release body 56 86 Supreme Court may grant an extension of time 56 87 Appeal to Supreme Court is on a question of law 56 88 Determinations of Supreme Court 57 -- 3 of 115 -- Section Page iv PART 8—THE CORONERS COURT 58 Division 1—Establishment of Coroners Court of Victoria 58 89 The Coroners Court 58 90 Where and when Coroners Court to be held 58 91 State Coroner 58 92 Deputy State Coroner 59 93 Assignment of magistrates and acting magistrates to be coroners 60 94 Acting coroners 61 95 Oath of office 62 96 Assignment of duties 62 97 Registrars of the Coroners Court and the chief executive officer 63 98 Functions of registrars 63 99 Delegation from the State Coroner to a registrar 64 100 Delegation from State Coroner to a coroner 65 101 Protection of coroners and registrars 65 102 Annual report 65 Division 2—Contempt of Court 66 103 Contempt 66 104 Appeal from finding of contempt 68 Division 3—Rules of Court and practice notes 69 105 Rules of the Coroners Court 69 106 Disallowance 71 107 Practice notes 71 Division 4—Miscellaneous 71 108 Professional development and training 71 PART 9—CORONIAL COUNCIL OF VICTORIA 73 109 Coronial Council of Victoria 73 110 Function of the Council 73 111 Members of the Council 73 112 Procedure at meetings 74 113 Annual report 74 PART 10—GENERAL 76 114 Return and possession of things 76 115 Access to documents 76 116 Registers to be kept by principal registrar 78 117 Regulations 79 118 Fees 81 119 Transitional and saving provisions 81 -- 4 of 115 -- Section Page v PART 11—AMENDMENT OF CORONERS ACT 1985 AND CONSEQUENTIAL AMENDMENTS 82 Division 1—Amendment of Coroners Act 1985 82 120 Change of name of Act 82 121 Amendment of purpose of Act 82 122 Definitions 82 123 Repeal of various Parts and provisions 83 124 Establishment and objects of the Institute 84 125 Functions of the Institute 84 126 New section 71A inserted 84 71A Staff 84 127 Director's duties relating to autopsies 85 73 Director's duties relating to autopsies and other examinations 85 128 Repeal of Division 86 Division 2—Consequential Amendments 86 129 Consequential amendments 86 130 Repeal of Division and Schedule 2 86 __________________ SCHEDULES 87 SCHEDULE 1—Saving and transitional provisions 87 1 Definitions 87 2 General transitional provisions 87 3 Superseded reference 87 4 Re-enacted provisions 88 5 Preliminary examinations 89 6 Directions made under old Act 89 7 Inquest commenced under old Act 89 8 Applications commenced under old Act 90 9 Documents 90 10 Release of documents on coroner's existing file to be subject to new Act 91 11 Release of body 91 12 Objections to autopsy 91 13 Exhumations 92 14 Return and possession of things 92 15 State Coroner and Deputy State Coroner 92 16 Coroners 93 17 Depositions 93 18 Consultative Council on Obstetric and Paediatric Mortality and Morbidity 94 19 Regulations dealing with transitional matters 94 -- 5 of 115 -- Section Page vi SCHEDULE 2—Consequential amendments to other Acts 95 1 Aboriginal Heritage Act 2006 95 2 Accident Compensation Act 1985 95 3 Births, Deaths and Marriages Registration Act 1996 95 4 Cemeteries and Crematoria Act 2003 96 5 Charter of Human Rights and Responsibilities Act 2006 98 6 Children, Youth and Families Act 2005 98 7 Country Fire Authority Act 1958 98 8 Court Security Act 1980 99 9 Evidence Act 1958 99 10 Health Act 1958 99 11 Health Services (Conciliation and Review) Act 1987 99 12 Human Tissue Act 1982 100 13 Interpretation of Legislation Act 1984 100 14 Judicial Remuneration Tribunal Act 1995 100 15 Judicial Salaries Act 2004 101 16 Mental Health Act 1986 101 17 Metropolitan Fire Brigades Act 1958 101 18 Mines Act 1958 101 19 Police Regulation Act 1958 102 20 Public Administration Act 2004 102 21 Public Health and Wellbeing Act 2008 102 22 Public Prosecutions Act 1994 102 23 Rail Safety Act 2006 102 24 Road Safety Act 1986 103 25 Surveillance Devices Act 1999 103 26 Wrongs Act 1958 103 ═══════════════ ENDNOTES 104 INDEX 105 -- 6 of 115 -- 1 Coroners Act 2008 † No. 77 of 2008 [Assented to 11 December 2008] Preamble The coronial system of Victoria plays an important role in Victorian society. That role involves the independent investigation of deaths and fires for the purpose of finding the causes of those deaths and fires and to contribute to the reduction of the number of preventable deaths and fires and the promotion of public health and safety and the administration of justice. This role will be enhanced by creating a Coroners Court and setting out the role of the Coroners Court and the coronial system and the procedures for coronial investigations. The Parliament of Victoria therefore enacts: Victoria -- 7 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 2 PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to require the reporting of certain deaths; and (b) to provide for coroners to investigate deaths and fires in specified circumstances; and (c) to contribute to the reduction of the number of preventable deaths and fires through the findings of the investigation of deaths and fires, and the making of recommendations, by coroners; and (d) to establish the Coroners Court of Victoria as a specialist inquisitorial court; and (e) to establish the Coronial Council of Victoria; and (f) to amend the Coroners Act 1985— (i) to repeal the provisions relating to coroners; and (ii) to rename that Act as the Victorian Institute of Forensic Medicine Act 1985; and (g) to make consequential amendments to other Acts. 2 Commencement This Act comes into operation on 1 November 2009. s. 1 -- 8 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 3 3 Definitions (1) In this Act— Australian lawyer has the same meaning as in the Legal Profession Act 2004; autopsy means— (a) the dissection of a body (including the removal of tissue); or (b) any other prescribed procedure in relation to a body— but does not include— (c) a preliminary examination; or (d) an identification procedure; body means— (a) the corpse of a human being; or (b) a part or parts of the corpse or remains of a human being— but does not include tissue removed from the corpse of a human being; child means a person under the age of 18 years; coroner means— (a) the State Coroner; (b) the Deputy State Coroner; (c) a magistrate or acting magistrate assigned to be a coroner of the Coroners Court under section 93; (d) a person appointed as an acting coroner of the Coroners Court under section 94; Coroners Court means the Coroners Court of Victoria; s. 3 -- 9 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 4 Council means the Coronial Council of Victoria established under Part 9; Country Fire Authority means the Country Fire Authority established under the Country Fire Authority Act 1958; death includes suspected death; Notes 1 A still-birth, within the meaning of the Births, Deaths and Marriages Registration Act 1996, is not a death. 2 See section 41 of the Human Tissue Act 1982 for a definition of death for the purposes of the law of Victoria. Deputy State Coroner means the Deputy State Coroner of the Coroners Court appointed under section 92; domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government s. 3 -- 10 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 5 agency, a body corporate or a charitable or benevolent organisation); identification direction means a direction given by a coroner under section 24; identification procedure means any procedure performed in accordance with an identification direction; immediate family in relation to a deceased person, means spouse, domestic partner, son, daughter, parent, sibling, executor, personal representative or a person determined to be the senior next of kin under subsection (3); inquest means a public inquiry that is held by the Coroners Court in respect of a death or a fire; Institute means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 1985; interstate coroner means a coroner of another State or Territory; interested party in relation to an inquest, means a person granted leave under section 56 to appear at the inquest; medical examination means a preliminary examination, an identification procedure or an autopsy; medical investigator means— (a) the Institute; or (b) a pathologist; or (c) a registered medical practitioner under the general supervision of a pathologist; s. 3 -- 11 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 6 medical procedure means a procedure performed on a person by or under the general supervision of a registered medical practitioner and includes imaging, internal examination and surgical procedure; Metropolitan Fire and Emergency Services Board means the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; parent, in relation to a child, includes— (a) a step-parent; (b) an adoptive parent; (c) a foster parent; (d) a guardian; (e) a person who has custody or daily care and control; (f) a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children; pathologist means a prescribed registered medical practitioner; person placed in custody or care means— (a) a person who is in the custody or under the guardianship of the Secretary to the Department of Human Services under the Children, Youth and Families Act 2005; or (b) a child taken into safe custody under the Children, Youth and Families Act 2005; or s. 3 -- 12 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 7 (c) a person who is deemed to be in the legal custody of the Secretary to the Department of Human Services under section 483 of the Children, Youth and Families Act 2005; or (d) a person under the control, care or custody of the Secretary to the Department of Human Services; or (e) a person in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police; or (f) a person in the custody of a member of the police force; or (g) a person in the custody of a protective services officer appointed under Part VIA of the Police Regulation Act 1958; or (h) a person admitted or committed to an assessment centre or treatment centre under the Alcoholics and Drug- dependent Persons Act 1968; or (i) a patient in an approved mental health service within the meaning of the Mental Health Act 1986; or (j) a person who a member of the police force or prison officer is attempting to take into custody or who is dying from injuries sustained when a member of the police force or prison officer attempted to take the person into custody; or (k) a person in Victoria who is dying from an injury incurred while in the custody of the State; or s. 3 -- 13 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 8 (l) a prescribed person or a person belonging to a prescribed class of person; preliminary examination in relation to a body means any of the following procedures— (a) a visual examination of the body (including a dental examination); (b) the collection and review of information, including personal and health information relating to the deceased person or the death of the person; (c) the taking of samples of bodily fluid including blood, urine, saliva and mucus samples from the body (which may require an incision to be made) and the testing of those samples; (d) the imaging of the body including the use of computed tomography (CT scan), magnetic resonance imaging (MRI scan), x-rays, ultrasound and photography; (e) the taking of samples from the surface of the body including swabs from wounds and inner cheek, hair samples and samples from under fingernails and from the skin and the testing of those samples; (f) the fingerprinting of the body; (g) any other procedure that is not a dissection, the removal of tissue or prescribed to be an autopsy; prescribed means prescribed by the regulations unless otherwise provided; s. 3 -- 14 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 9 principal registrar means the principal registrar appointed under section 97; registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005; registrar means the principal registrar, a deputy registrar or a registrar referred to in section 97; reportable death has the meaning given by section 4; reviewable death has the meaning given by section 5; senior next of kin in relation to a deceased person, means— (a) if the person, immediately before death had a spouse or domestic partner— the spouse or domestic partner; or (b) if the person immediately before death did not have a spouse or domestic partner or if the spouse or domestic partner is not available—a son or daughter of or over the age of 18 years; or (c) if a spouse, domestic partner, son or daughter is not available—a parent; or (d) if a spouse, domestic partner, son, daughter or parent is not available— a sibling who is of or over the age of 18 years; or (e) if a spouse, domestic partner, son, daughter, parent, or sibling is not available—a person named in the will as an executor; or s. 3 -- 15 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 10 (f) if a spouse, domestic partner, son, daughter, parent, sibling or executor is not available—a person who, immediately before the death, was a personal representative of the deceased; (g) if a spouse, domestic partner, son, daughter, parent, sibling, executor or personal representative is not available—a person determined to be the senior next of kin under subsection (3); sibling in relation to a person includes a half- brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the person; spouse of a person means a person to whom that person is married; State Coroner means the State Coroner of the Coroners Court appointed under section 91; the rules means rules of the Coroners Court; tissue has the same meaning as in the Human Tissue Act 1982. (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and s. 3 -- 16 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 11 (c) a person is not a domestic partner of another person only because they are co-tenants. (3) For the purposes of paragraph (g) of the definition of senior next of kin, a person is the senior next of kin if the coroner determines that the person should be taken to be the senior next of kin because of the closeness of the person's relationship with the deceased person immediately before his or her death. (4) In this Act— (a) a reference to a function includes a reference to a power and a duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4 Reportable death (1) In this Act, a death of a person is a reportable death if— (a) the body is in Victoria; or (b) the death occurred in Victoria; or (c) the cause of the death occurred in Victoria; or (d) the person ordinarily resided in Victoria at the time of death— and the death was a death specified in subsection (2). (2) For the purposes of subsection (1), the deaths are— (a) a death that appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from an accident or injury; or s. 4 -- 17 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 12 (b) a death that occurs— (i) during a medical procedure; or (ii) following a medical procedure where the death is or may be causally related to the medical procedure— and a registered medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or (c) the death of a person who immediately before death was a person placed in custody or care; or (d) the death of a person who immediately before death was a patient within the meaning of the Mental Health Act 1986; or (e) the death of a person under the control, care or custody of the Secretary to the Department of Justice or a member of the police force; or (f) the death of a person who is subject to a non- custodial supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (g) the death of a person whose identity is unknown; or (h) a death that occurs in Victoria if a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed and is not likely to be signed; or (i) a death that occurs at a place outside Victoria if the cause of death is not certified by a person who, under the law in force in that place, is authorised to certify that death and the cause of death is not likely to be certified s. 4 -- 18 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 13 by a person who is authorised to certify in that place; or (j) a death— (i) of a prescribed class of person; (ii) that occurs in prescribed circumstances. 5 Reviewable death (1) In this Act, the death of a child (the deceased child) is a reviewable death if the deceased child is the second or subsequent child of the deceased child's parent to have died and one of the following applies— (a) the body is in Victoria; or (b) the death occurred in Victoria; or (c) the cause of the death occurred in Victoria; or (d) the child ordinarily resided in Victoria at the time of death. (2) Despite subsection (1), a death of a deceased child is not a reviewable death if— (a) the death occurs in a hospital; and (b) the child was born at a hospital and had always been an in-patient of a hospital; and (c) the death is not a reportable death. (3) In this section— hospital means a public hospital, a public health service, a denominational hospital or a private hospital within the meaning of the Health Services Act 1988; s. 5 -- 19 of 115 -- Part 1—Preliminary Coroners Act 2008 No. 77 of 2008 14 in-patient of a hospital includes a child whose only period spent outside a hospital was during a transfer from one hospital to another, by whatever means. __________________ s. 5 -- 20 of 115 -- Part 2—Objectives Coroners Act 2008 No. 77 of 2008 15 PART 2—OBJECTIVES 6 Role of objectives The objectives in this Part are intended to give guidance in the administration and interpretation of this Act. 7 Avoiding unnecessary duplication It is the intention of Parliament that a coroner should liaise with other investigative authorities, official bodies or statutory officers— (a) to avoid unnecessary duplication of inquiries and investigations; and (b) to expedite the investigation of deaths and fires. 8 Factors to consider for the purposes of this Act When exercising a function under this Act, a person should have regard, as far as possible in the circumstances,, to the following— (a) that the death of a family member, friend or community member is distressing and distressed persons may require referral for professional support or other support; (b) that unnecessarily lengthy or protracted coronial investigations may exacerbate the distress of family, friends and others affected by the death; (c) that different cultures have different beliefs and practices surrounding death that should, where appropriate, be respected; (d) that family members affected by a death being investigated should, where appropriate, be kept informed of the particulars and progress of the investigation; s. 6 -- 21 of 115 -- Part 2—Objectives Coroners Act 2008 No. 77 of 2008 16 (e) that there is a need to balance the public interest in protecting a living or deceased person's personal or health information with the public interest in the legitimate use of that information; (f) the desirability of promoting public health and safety and the administration of justice. 9 Fairness and efficiency of coronial system The coronial system should operate in a fair and efficient manner. __________________ s. 9 -- 22 of 115 -- Part 3—Reporting of Deaths Coroners Act 2008 No. 77 of 2008 17 PART 3—REPORTING OF DEATHS 10 Obligation of registered medical practitioner to report death (1) Subject to subsection (2), a registered medical practitioner who is present at or after the death of a person must report the death without delay to a coroner if the death is a reportable death. Penalty: 20 penalty units. (2) If more than one registered medical practitioner is present at or after a death and one of them reports it to a coroner, the other practitioners need not report the death. 11 Obligation to report death of a person placed in custody or care (1) The responsible person must report the death of a person placed in custody or care without delay to a coroner. Penalty: 20 penalty units. (2) In this section, responsible person means— (a) in relation to a person referred to in paragraphs (a) to (i) of the definition of person placed in custody or care in section 3(1), the person who has care, control or custody of the person; (b) in relation to a person referred to in paragraph (j) of the definition of person placed in custody or care in section 3(1), the member of the police force or the prison officer who attempted to take the person into custody; s. 10 -- 23 of 115 -- Part 3—Reporting of Deaths Coroners Act 2008 No. 77 of 2008 18 (c) in relation to a person referred to in paragraph (k) or (l) of the definition of person placed in custody or care in section 3(1), a person prescribed as the responsible person. 12 General obligation to report death (1) A person who has reasonable grounds to believe that a reportable death has not been reported must report it without delay to a coroner or the officer in charge of a police station. Penalty: 20 penalty units. (2) A member of the immediate family of a deceased person may report the death to the coroner if the person was a person discharged from an approved mental health service within the meaning of the Mental Health Act 1986 within 3 months immediately before the person's death. 13 Obligation to report reviewable death (1) Subject to subsection (2), a registered medical practitioner who is present at or after the death of a child must report the death without delay to the State Coroner if the death is a reviewable death. Penalty: 20 penalty units. (2) If more than one registered medical practitioner is present at or after a reviewable death and one of them reports it to the State Coroner, the other practitioners need not report the death. (3) A person who has reasonable grounds to believe that a reviewable death has not been reported to the State Coroner as a reviewable death must report the death without delay to the State Coroner. Penalty: 20 penalty units. __________________ s. 12 -- 24 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 19 PART 4—INVESTIGATION OF DEATHS AND FIRES Division 1—Investigation of deaths 14 Deaths a coroner may investigate (1) A coroner may investigate a death that is or may be a reportable death if the death appears to have occurred within 100 years before the death was reported to a coroner. (2) A coroner may investigate a death reported to the coroner under section 12(2). (3) A power under subsection (1) includes a power to investigate whether the death is a reportable death. 15 Deaths a coroner must investigate A coroner must investigate the death of a person if— (a) it appears to the coroner that the death, or the cause of death, occurred in Victoria; and (b) it appears to the coroner that the death is a reportable death; and (c) it appears to the coroner that the death occurred within 50 years before the death was reported to a coroner; and (d) an interstate coroner has not investigated, is not investigating, and does not intend to investigate, the death. 16 Determination by coroner that reported death not a reportable death (1) A coroner may determine that a death that was reported to the coroner as a reportable death is not a reportable death. s. 14 -- 25 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 20 (2) If a coroner determines that a death is not a reportable death, the coroner must give written notice of the coroner's determination to the person who reported the death. (3) If a coroner determines that a death is not a reportable death, the coroner must discontinue the investigation into the death. (4) Subsection (3) does not affect the investigation by the State Coroner of the death if it is a reviewable death. (5) Whether or not a death is a reportable death, the coroner must discontinue the investigation into the death if the coroner determines that the death probably occurred more than 100 years before it was reported to a coroner. 17 Certain reportable deaths do not require investigation (1) A coroner is not required to continue an investigation into a reportable death if— (a) the coroner determines that the death was not a death referred to in section 4(2)(b); and (b) a medical investigator conducts a medical examination on the deceased person and provides a report to the coroner that includes an opinion that the death was due to natural causes; and (c) the coroner determines that, other than the fact that the death of the person was unexpected, the death is not a reportable death; and (d) the coroner determines that the death is not a reviewable death. s. 17 -- 26 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 21 (2) If a coroner determines under this section not to continue an investigation, the principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars. 18 Reviewable deaths may be referred to the Institute (1) The State Coroner may refer a reviewable death to the Institute, whether or not the death is a reportable death, to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985. (2) If— (a) the State Coroner refers a reviewable death to the Institute; and (b) the State Coroner considers that information held by the Coroners Court in relation to the death is necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985— the principal registrar must ensure that the information is given to the Institute. 19 State Coroner may investigate a reviewable death (1) The State Coroner may investigate a death that is or may be a reviewable death without referring the death to the Institute if he or she considers that it is necessary and appropriate to do so. (2) The State Coroner must advise the Institute if he or she decides not to refer a reviewable death to the Institute. (3) A power under subsection (1) includes a power to investigate whether the death is a reviewable death. s. 18 -- 27 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 22 20 Determination by State Coroner that death not a reviewable death (1) The State Coroner may determine that a death that was reported to the State Coroner as a reviewable death is not a reviewable death. (2) If the State Coroner determines that a death is not a reviewable death, the State Coroner must give written notice of the State Coroner's determination to the person who reported the death. (3) If the State Coroner determines that a death is not a reviewable death or a reportable death, the State Coroner must discontinue the investigation into the death. 21 Providing relevant persons with coronial process information As soon as practicable after a coroner has commenced an investigation into a death, the principal registrar must ensure that the prescribed information in respect of the coronial process is provided to— (a) the senior next of kin of the deceased person; and (b) any other person— (i) who has advised the principal registrar that they have an interest in the investigation of the death; and (ii) who the principal registrar considers to have a sufficient interest in the investigation of the death. s. 20 -- 28 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 23 22 Control of the body (1) This section applies if a body is in Victoria and the death is— (a) a reportable death or a reviewable death; or (b) is being investigated by a coroner. (2) If the death is being investigated by a coroner, the body is under the control of the coroner until the coroner releases the body under section 47. (3) If the death is not being investigated by a coroner, the body is taken to be under the control of the State Coroner until— (a) another coroner commences an investigation of the death; or (b) a coroner releases the body under section 47. 23 Preliminary examinations (1) The purpose of a preliminary examination is to assist the coroner in the performance of his or her functions in respect of a death. (2) A coroner may provide a body to a medical investigator to enable a preliminary examination to be performed on the body. (3) The provision of the body authorises the conduct of the preliminary examination. 24 Identification directions A coroner may direct a medical investigator to perform any procedure on a body (including the removal of tissue but not including a preliminary examination) for the purposes of identifying the deceased person. s. 22 -- 29 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 24 25 Autopsies (1) The purpose of an autopsy is to assist a coroner to perform his or her functions in respect of a death. (2) A coroner must direct a medical investigator to perform an autopsy on a body under the control of the coroner if the coroner believes that— (a) the autopsy is necessary for the investigation of the death; and (b) it is appropriate to give the direction. Note See section 26 for when a direction made by a coroner under subsection (2) takes effect. (3) After consulting with, and seeking advice from, the Institute or a pathologist, a coroner may— (a) impose conditions on the manner in which an autopsy on a body is to be performed; and Example Conditions under subsection (3) could include the number of cavities to be explored or the organs to be removed. (b) direct the medical investigator to perform certain tests on a body or on tissue or other material removed from the body. (4) Nothing in this Act prevents a preliminary examination or an identification procedure from being performed concurrently with an autopsy. 26 Objections to autopsy (1) A coroner must take reasonable steps to notify the senior next of kin of the deceased of a direction given by the coroner under section 25(2). (2) Within 48 hours after receiving notice under subsection (1), the senior next of kin of the deceased person may ask the coroner to s. 25 -- 30 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 25 reconsider the direction that an autopsy be performed. (3) If, after considering a request under subsection (2), the coroner determines that— (a) the autopsy is necessary for the investigation of the death; and (b) it was appropriate to make the direction under section 25(2)— the coroner must, without delay, give written notice of the determination to the senior next of kin. (4) A direction under section 25(2) does not take effect until— (a) subject to paragraphs (b) and (c) 48 hours after the required notice has been given under subsection (1); or (b) subject to paragraph (c) if a request has been made under subsection (2), 48 hours after the notice is given under subsection (3); or (c) a direction is given under subsection (5). (5) A coroner may— (a) direct that an autopsy be performed immediately, without giving notice under this section, if— (i) the coroner believes it is appropriate in the circumstances; or (ii) there is no senior next of kin or the next of kin cannot be located; or (b) direct that an autopsy be performed less than 48 hours after the senior next of kin has been given notice under subsection (3) if the senior next of kin advises the coroner that he or she will not appeal to the Supreme Court s. 26 -- 31 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 26 against the direction that an autopsy be performed. Note An appeal can be made to the Supreme Court under Part 7 against the direction made by a coroner under section 25(2) in certain circumstances. 27 Request for autopsy (1) If a coroner has control of a body, any person may ask the coroner to direct that an autopsy be performed on the body. (2) If the coroner refuses a person's request, the coroner must give the person, without delay, written reasons for the refusal to give a direction. Note An appeal can be made to the Supreme Court under Part 7 against a refusal by a coroner to make a direction. 28 The removal of tissue and preserving material (1) For the purposes of this Act, the following persons may remove or assist in the removal of tissue under the general supervision of a medical investigator— (a) a mortuary technician; (b) a forensic technician; (c) a scientist; (d) a prescribed person. (2) A coroner may direct a medical investigator undertaking a medical examination to cause to be preserved, for any period that the coroner directs, any tissue or material that appears to the medical investigator to bear on the cause or circumstances of the death or the identity of the deceased person. s. 27 -- 32 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 27 29 Provision of relevant information by principal registrar (1) The principal registrar must ensure that the medical investigator who is responsible for performing a medical examination is given information of a kind specified in subsection (2). (2) The kind of information to be given under subsection (1) is information collected or held by the Coroners Court that the coroner investigating the death considers would be necessary or helpful for the medical investigator performing the medical examination to know. Division 2—Investigation of fires 30 Fire authority request for fire investigation (1) The Country Fire Authority or Metropolitan Fire and Emergency Services Board may request a coroner to investigate a fire. (2) A coroner must investigate a fire after receiving a request under subsection (1) unless the coroner determines that the investigation is not in the public interest. (3) The coroner must give written reasons to the Authority or Board for a decision not to conduct an investigation it requested. 31 Application for investigation into a fire (1) A person may request a coroner to investigate a fire. (2) If a coroner refuses a request to investigate a fire, the coroner must give written reasons for the refusal to the person who made the request. s. 29 -- 33 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 28 Division 3—Assistance to coroner in investigation 32 Person who made report of death to assist A person who reported a reportable death or a reviewable death must give the coroner any information or other assistance that the coroner requests for the purposes of the coroner's investigation. Penalty: 20 penalty units. 33 Registered medical practitioner to assist (1) This section applies to a death that is being investigated by a coroner. (2) A registered medical practitioner— (a) who was responsible for a person's medical care immediately before that person's death; or (b) who was present at or after the person's death— must give the coroner any information or assistance that the coroner requests for the purposes of the investigation. Penalty: 20 penalty units. 34 Person who asks for investigation of fire to assist A person who requests a coroner to investigate a fire must give the coroner any information that the coroner requests to assist the coroner in his or her investigation. Penalty: 20 penalty units. 35 Fire authority to assist The Country Fire Authority or Metropolitan Fire and Emergency Services Board must give the coroner any information that may assist the coroner in his or her investigation of a fire. s. 32 -- 34 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 29 36 Assistance from police A member of the police force who has information that may be relevant to an investigation by a coroner into a death or a fire must give that information to the coroner to assist the coroner in his or her investigation of the death or the fire. Division 4—Powers relating to investigation 37 Restriction of access to place where death occurred or caused or may occur (1) In this section, death means a death that a coroner or the Chief Commissioner of Police reasonably believes to be a reportable death or reviewable death. (2) A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to— (a) the place where a death occurred; or (b) a place reasonably connected to the place where the death occurred. (3) The Chief Commissioner of Police may take reasonable steps to restrict access to— (a) the place where an incident occurred; or (b) a place reasonably connected to the place where an incident occurred— if the Chief Commissioner of Police reasonably expects a person to die as a result of the incident. (4) The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place. s. 36 -- 35 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 30 (5) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section. Penalty: 60 penalty units or imprisonment for 6 months. 38 Restriction of access to fire area (1) A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to— (a) the place where a fire occurred; or (b) a place reasonably connected to the place where a fire occurred. (2) The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place. (3) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section. Penalty: 60 penalty units or imprisonment for 6 months. 39 Powers of entry, search, inspection and possession (1) A coroner who is investigating a death or a fire may, in writing, authorise a member of the police force to investigate the death or fire by— (a) breaking, entering and searching premises, using reasonable force if required; (b) taking copies of any documents relevant to the investigation; (c) seizing things (including documents) and taking samples, which may be relevant to the investigation. s. 38 -- 36 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 31 (2) A coroner may exercise any of the powers specified in subsection (1) other than the power to use reasonable force. (3) A member of the police force or coroner who is authorised to exercise powers under this section may do so with any assistance that is required. (4) An authorisation under subsection (1) must— (a) specify hours of the day in which the powers may be exercised by a member of the police force; (b) specify a period (not exceeding 30 days) in which the powers may be exercised. (5) A member of the police force authorised to enter premises under subsection (1) must, if practicable, give a copy of the authorisation to a person who appears to be the occupier of the premises and to be over the age of 16 years. 40 Power to direct person to produce documents, operate equipment on entry (1) 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. (2) A person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of the police force under subsection (1). Penalty: 60 penalty units. s. 40 -- 37 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 32 41 Other powers on entry to premises 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. 42 Documents and prepared statements requested by coroner (1) If a coroner is of the opinion that a document or a prepared statement is required for the purposes of the investigation, the coroner may require a person— (a) to give the document to the coroner; or (b) to prepare a statement addressing matters specified by the coroner and give the statement to the coroner. (2) A request made by the coroner under subsection (1) must— (a) be in the prescribed form; and (b) specify a reasonable period of time for compliance with the request; and (c) be served on the person in accordance with the rules. s. 41 -- 38 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 33 (3) A person who is requested to give a document or prepared statement to the coroner under subsection (1) must not, without a lawful excuse, fail to comply with the request within the period specified by the coroner. Penalty: 20 penalty units. Division 5—Exhumation 43 Application for exhumation (1) A person may apply to the State Coroner for an authorisation of an exhumation of a body. (2) An application made under subsection (1) must be in the form prescribed by the rules. (3) If the State Coroner refuses an application to authorise an exhumation of a body, the State Coroner must ensure that the applicant is advised of the refusal without delay. 44 Power to authorise exhumation The State Coroner may, in accordance with this Division, authorise the exhumation of a body on his or her own motion or on the application of a person under section 43. 45 Notice of intention to authorise exhumation (1) If the State Coroner intends to authorise the exhumation of a body, the State Coroner must ensure that notice of his or her intention is given to the senior next of kin of the deceased and that the senior next of kin is advised that— (a) he or she may provide suggestions as to how and whether the proposed exhumation should be conducted; and s. 43 -- 39 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 34 (b) if the State Coroner authorises the exhumation, he or she may appeal to the Supreme Court under Part 7 against the authorisation. (2) If the body is in a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the cemetery trust responsible for the public cemetery. (3) If the body is in a place of interment (within the meaning of the Cemeteries and Crematoria Act 2003) that is not a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the owner of the land where the place of interment is located. (4) The State Coroner must have regard to suggestions made by the senior next of kin under subsection (1)(a) or any other person who provides written suggestions to the State Coroner in respect of the proposed exhumation. (5) The State Coroner is not required to give notice under this section if the State Coroner has reasonable grounds to believe that— (a) notice would result in— (i) the escape of an offender or an accomplice; or (ii) the fabrication or destruction of evidence; or (b) the exhumation is urgent and the exhumation should not be delayed; or (c) giving notice is impossible. s. 45 -- 40 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 35 46 Authorisation of exhumation (1) The State Coroner may authorise the exhumation of a body if he or she believes that— (a) the exhumation is necessary for the investigation of the death; and (b) it is appropriate to give the authorisation. (2) An authorisation given by the State Coroner under subsection (1) may be subject to conditions. (3) If the State Coroner authorises an exhumation under subsection (1), the State Coroner must ensure that notice of the authorisation is given to the persons who were notified of the State Coroner's intention to exhume the body under section 45. (4) Failure by the State Coroner to give a notice required under this section or section 45 does not invalidate the State Coroner's authorisation under this section. (5) An authorisation under this section does not take effect until 48 hours after the senior next of kin is notified of the authorisation under subsection (3) or any further period specified by the State Coroner unless— (a) the State Coroner directs that the exhumation be conducted immediately; or (b) within that period, the senior next of kin advises the State Coroner that he or she will not appeal to the Supreme Court against the authorisation. Note An appeal can be made to the Supreme Court under Part 7 against the authorisation in certain circumstances. s. 46 -- 41 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 36 Division 6—General 47 Release of body (1) The coroner may order that a body under the control of the coroner be released if— (a) the coroner is satisfied that it is no longer necessary for the coroner to have control of the body in order to exercise his or her functions under this Act; or (b) the coroner has determined that the death was not a reportable death or a reviewable death. (2) An order made by the coroner under subsection (1)— (a) must specify a person to whom the body is to be released; and (b) may contain any terms or conditions that the coroner considers necessary. 48 Application to coroner for release of body (1) A person (the applicant) may apply to a coroner for a body to be released to the applicant. (2) If 2 or more applicants apply for release of the body, the coroner must determine the person to whom the body is to be released on the basis of who has the better claim. (3) In determining who has the better claim, the coroner must have regard to the following principles— (a) if the person named in the will as an executor is an applicant, the body of the deceased should be released to the executor; s. 47 -- 42 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 37 (b) if a person specified under paragraph (a) is not an applicant, the body should be released to the senior next of kin; (c) if there appear to be 2 or more applicants who are the senior next of kin of the deceased, the coroner should determine to whom the body is to be released having regard to any principles of common law relating to the release and disposal of a body of a deceased person; (d) if no person referred to in paragraph (a) or (b) is an applicant, the coroner should determine to whom the body is to be released having regard to the principles of common law relating to the release and disposal of a body of a deceased person. 49 Notices and provision of information by principal registrar (1) The principal registrar must notify the Director of Public Prosecutions if the coroner investigating the death or fire believes an indictable offence may have been committed in connection with the death or fire. (2) The principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars found by the coroner following an investigation of a death. (3) The principal registrar must notify the Consultative Council on Obstetric and Paediatric Mortality and Morbidity under the Public Health and Wellbeing Act 2008 of the particulars of— (a) any maternal death within the meaning of section 46(3) of that Act reported to the coroner; or (b) the death of a child reported to the coroner. s. 49 -- 43 of 115 -- Part 4—Investigation of Deaths and Fires Coroners Act 2008 No. 77 of 2008 38 (4) The principal registrar must provide prescribed information to prescribed bodies. 50 Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 32, 33, 34 or 42, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under section 32, 33, 34 or 42, if the production of the document would tend to incriminate the person. 51 Aid to coroners in other places The State Coroner may use any of the powers of a coroner under this Act to assist a coroner, or a person who performs a role that substantially corresponds to that of a coroner, of another country or of another State or Territory to investigate a death as if that death were a reportable death. __________________ s. 50 -- 44 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 39 PART 5—INQUESTS INTO DEATHS AND FIRES Division 1—Types of inquests 52 Inquest into a death (1) A coroner may hold an inquest into any death that the coroner is investigating. (2) Subject to subsection (3), a coroner must hold an inquest into a death if the death or cause of death occurred in Victoria and— (a) the coroner suspects the death was the result of homicide; or (b) the deceased was, immediately before death, a person placed in custody or care; or (c) the identity of the deceased is unknown; or (d) the death occurred in prescribed circumstances. (3) The coroner is not required to hold an inquest in the circumstances set out in subsection (2) if— (a) the coroner believes the death probably occurred more than 50 years before the death was reported to the coroner; or (b) a person has been charged with an indictable offence in respect of the death being investigated by the coroner; or (c) an interstate coroner has investigated, is investigating, or intends to investigate, the death; or (d) the death occurred outside Australia. (4) The circumstances set out in subsection (3) do not limit the powers of a coroner to hold, adjourn or recommence an inquest. s. 52 -- 45 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 40 (5) A person may request a coroner to hold an inquest into any death that the coroner is investigating. (6) Within 3 months of receiving a request under subsection (5), the coroner must, in writing, advise the person who made the request that the coroner has— (a) decided to hold an inquest; or (b) decided that an inquest will not be held; or (c) not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made. 53 Inquest into a fire (1) A coroner may hold an inquest into any fire that the coroner is investigating. (2) A person may request a coroner to hold an inquest into any fire that the coroner is investigating. (3) Within 3 months of receiving a request under subsection (2), the coroner must, in writing, advise the person who made the request that the coroner has— (a) decided to hold an inquest; or (b) decided that an inquest will not be held; or (c) not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made. 54 Inquest into multiple deaths and fires A coroner may hold an inquest that investigates— (a) 2 or more deaths; or (b) 2 or more fires; or s. 53 -- 46 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 41 (c) a death or 2 or more deaths and a fire or 2 or more fires. Division 2—Powers of coroners at inquests 55 Coroners' powers at inquests (1) A coroner may exercise the powers specified in this section if the coroner— (a) believes it is necessary for the purposes of an inquest; or (b) considers it may help to determine whether or not to hold an inquest. (2) A coroner may— (a) summon a person to attend as a witness or to produce any document or other materials; (b) inspect, copy and, subject to this Act and the rules, hold for a reasonable period any thing produced at the inquest; (c) order a witness to answer questions; (d) exclude a person or class of person from an inquest; (e) give any other directions and do anything else the coroner believes necessary. (3) A summons under subsection (2) must be in the prescribed form. 56 Interested party A coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that— (a) the person has a sufficient interest in the inquest; and (b) it is appropriate for the person to be an interested party. s. 55 -- 47 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 42 57 Privilege in respect of self-incrimination in other proceedings (1) This section applies if a witness objects to giving evidence, or evidence on a particular matter, at an inquest on the ground that the evidence may tend to prove that the witness— (a) has committed an offence against or arising under an Australian law or a law of a foreign country; or (b) is liable to a civil penalty under an Australian law or a law of a foreign country. (2) The coroner must determine whether or not there are reasonable grounds for the objection. (3) If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform the witness— (a) that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and (b) that the coroner will give a certificate under this section if— (i) the witness willingly gives the evidence without being required to do so under subsection (4); or (ii) the witness gives the evidence after being required to do so under subsection (4); and (c) of the effect of such a certificate. (4) The coroner may require the witness to give evidence if the coroner is satisfied that— (a) the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and s. 57 -- 48 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 43 (b) the interests of justice require that the witness give the evidence. (5) If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must cause the witness to be given a certificate under this section in respect of the evidence. (6) The coroner is also to cause a witness to be given a certificate under this section if— (a) the objection has been overruled; and (b) after the evidence has been given, the coroner finds that there were reasonable grounds for the objection. (7) 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. (8) Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned. 58 Legal professional privilege This Act does not affect the law or practice relating to legal professional privilege. s. 58 -- 49 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 44 59 Issue of warrant to arrest (1) A coroner may issue a warrant to arrest a person if— (a) the person was summoned by the coroner under section 55 and failed— (i) to attend before the coroner; or (ii) to produce the documents or other materials specified in the summons to the coroner; or (b) the coroner is satisfied— (i) that the person is avoiding service of the summons; or (ii) that the person has been duly served with the summons but is unlikely to comply with it. (2) In issuing a warrant under this section, the coroner may endorse the warrant with a direction that the person must, on arrest, be released on bail as specified in the endorsement. (3) An endorsement under subsection (2) must fix the amounts in which the principal and the sureties (if any) are bound and the amount of any money or the value of any security to be deposited. (4) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested— (a) to be released on bail in accordance with any endorsement on the warrant; or (b) if there is no endorsement on the warrant, to be brought before the Coroners Court; or (c) to be discharged from custody on bail in accordance with the Bail Act 1977. s. 59 -- 50 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 45 (5) Matters may be proved under this section orally or by affidavit. (6) Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued under this section as if any reference to the Magistrates' Court were a reference to a coroner or the Coroners Court. 60 Coroner may be assisted A coroner may be assisted at an inquest by— (a) a member of the police force; or (b) an Australian lawyer; or (c) if the Director of Public Prosecutions wishes to assist the coroner, the Director of Public Prosecutions; or (d) another person appointed by the coroner. Division 3—Process at inquest 61 Advertisement of an inquest A coroner must publish the date, time, place and subject of an inquest in accordance with the rules. 62 Coroner not bound by rules of evidence (1) A coroner holding an inquest is not bound by the rules of evidence and may be informed and conduct an inquest in any manner that the coroner reasonably thinks fit. (2) Parts II, IIA, III and IIIA of the Evidence Act 1958 do not apply to the Coroners Court. 63 Record of evidence (1) Oral evidence provided at an inquest must be recorded in accordance with section 131 of the Evidence Act 1958. s. 60 -- 51 of 115 -- Part 5—Inquests into Deaths and Fires Coroners Act 2008 No. 77 of 2008 46 (2) Except as provided in section 55AB of the Evidence Act 1958, a record of evidence provided to the Coroners Court is not evidence in any court of any fact asserted in it. 64 Witnesses to be called and relevant issues The coroner holding the inquest determines— (a) the witnesses to be called; and (b) the relevant issues for the purposes of the inquest. 65 Inquest to be conducted with little formality A coroner must conduct an inquest— (a) with as little formality and technicality as the interests of justice permit; and (b) in a way that, as far as is practicable, makes the inquest comprehensible to interested parties and family members who are present. 66 Rights of interested parties (1) An interested party may make a submission to the coroner specifying who the party considers to be a relevant witness and the coroner may consider that submission and determine whether that witness should be called. (2) The Attorney-General may appear or be represented at an inquest, examine or cross- examine witnesses and make submissions. (3) An interested party may appear or be represented by an Australian lawyer or, with the permission of the coroner, by any other person, and may examine or cross-examine witnesses and make submissions. __________________ s. 64 -- 52 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 47 PART 6—FINDINGS, RECOMMENDATIONS AND REFERRALS 67 Findings of coroner investigating a death (1) A coroner investigating a death must find, if possible— (a) the identity of the deceased; and (b) the cause of death; and (c) unless subsection (2) applies, the circumstances in which the death occurred; and (d) any other prescribed particulars. (2) Whether it is possible or not, a coroner need not make a finding with respect to the circumstances in which a death occurred if— (a) an inquest into the death was not held; and (b) the coroner finds that— (i) the deceased was not, immediately before the person died, a person placed in custody or care; and (ii) there is no public interest to be served in making a finding regarding those circumstances. (3) A coroner may comment on any matter connected with the death, including matters relating to public health and safety or the administration of justice. 68 Findings of coroner investigating a fire A coroner investigating a fire must find, if possible— (a) the cause and origin of the fire; and (b) the circumstances in which the fire occurred. s. 67 -- 53 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 48 69 Findings not to contain statement regarding guilt (1) A coroner must not include in a finding or comment any statement that a person is, or may be, guilty of an offence. (2) Subsection (1) does not apply to prevent the inclusion in a comment of a statement relating to a notification to the Director of Public Prosecutions under section 49. 70 Apology or reduction or waiver of fees (1) In this section, apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgement of fault. (2) In an investigation of a death or fire— (a) an apology; or (b) a reduction or waiver of fees payable for a service provided to the person who died— does not constitute an admission as to any matter, for the purposes of findings that are made under section 67 or 68. (3) Subsection (2) applies whether the apology or the reduction or waiver of fees is made— (a) orally or in writing; or (b) before or after the investigation commenced. (4) Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue. 71 Findings not required if inquest not held or discontinued A coroner is not required to make any of the findings specified in section 67 in respect of a death being investigated by the coroner if— s. 69 -- 54 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 49 (a) the coroner has decided not to hold an inquest, or to discontinue an inquest, because a person has been charged with an indictable offence in respect of the death; and (b) based on the decision specified in paragraph (a), the coroner considers that the making of the findings would be inappropriate in the circumstances. 72 Reports and recommendations (1) A coroner may report to the Attorney-General on a death or fire which the coroner has investigated. (2) A coroner may make recommendations to any Minister, public statutory authority or entity on any matter connected with a death or fire which the coroner has investigated, including recommendations relating to public health and safety or the administration of justice. (3) If a public statutory authority or entity receives recommendations made by the coroner under subsection (2), the public statutory authority or entity must provide a written response, not later than 3 months after the date of receipt of the recommendations, in accordance with subsection (4). (4) A written response to the coroner by a public statutory authority or entity must specify a statement of action (if any) that has, is or will be taken in relation to the recommendations made by the coroner. (5) The coroner must— (a) publish the response of a public authority or entity on the Internet; and s. 72 -- 55 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 50 (b) provide a copy of the response to any person— (i) who has advised the principal registrar that they have an interest in the subject of the recommendations; and (ii) who the principal registrar considers to have a sufficient interest in the subject of the recommendations. 73 Publication of findings and reports (1) Unless otherwise ordered by a coroner, the findings, comments and recommendations made following an inquest must be published on the Internet in accordance with the rules. (2) A coroner must order that a report about any documents, material or evidence provided to the coroner as part of an investigation or inquest into a death or fire is not to be published if the coroner reasonably believes that publication would— (a) be likely to prejudice the fair trial of a person; or (b) be contrary to the public interest. (3) A person must not publish a report contrary to an order made under subsection (2). Penalty: 60 penalty units. 74 Power of coroner to award costs (1) Subject to subsection (2), every person appearing before the Coroners Court who is represented by an Australian lawyer is to bear their own costs in relation to the inquest. (2) If, in a particular case, a coroner is of the opinion that a person (the first person) has acted unreasonably during an investigation or inquest, the coroner may order the first person to pay all, or a specified part, of the expenses (other than s. 73 -- 56 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 51 economic loss) reasonably incurred by another person (the second person)— (a) as a result of the unreasonable actions of the first person; and (b) that relate to the participation of the second person in the investigation or inquest. (3) If a person is awarded costs under subsection (2), the costs may be recovered by the person as a debt due to the person in a court of competent jurisdiction. 75 Legal protection of Australian lawyers, witnesses and interested parties (1) An Australian lawyer assisting the coroner at an inquest or representing a person at an inquest has the same protection and immunity as an Australian lawyer has in appearing for a party in proceedings in the Supreme Court. (2) A person summoned to attend an inquest or appearing before a coroner as a witness at an inquest has the same protection as a witness in proceedings in the Supreme Court. (3) An interested party taking part in an inquest has the same protection as a party to proceedings in the Supreme Court. 76 Correction of errors The Coroners Court may correct any finding, recommendation or comment of a coroner that contains— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or s. 75 -- 57 of 115 -- Part 6—Findings, Recommendations and Referrals Coroners Act 2008 No. 77 of 2008 52 (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the findings, recommendations or comments; or (d) a defect of form. 77 Re-opening an investigation (1) A person may apply to the Coroners Court for an order that some or all of the findings of a coroner after an investigation (whether or not an inquest has been held) should be set aside. (2) Subject to subsection (3), the Coroners Court may order that— (a) some or all of the findings be set aside; and (b) if the Court considers it appropriate, that the investigation be re-opened. (3) The Coroners Court may only make an order under subsection (2) if it is satisfied that— (a) there are new facts and circumstances; and (b) it is appropriate to re-open the investigation. (4) For the purposes of an application made under this section, the Coroners Court must be constituted by the coroner who conducted the original investigation unless— (a) the coroner who conducted the original investigation no longer holds the office of coroner; or (b) there are special circumstances. __________________ s. 77 -- 58 of 115 -- Part 7—Appeals to Supreme Court Coroners Act 2008 No. 77 of 2008 53 PART 7—APPEALS TO SUPREME COURT 78 Appeal in relation to determination that death not a reportable death (1) If a coroner determines that a death is not a reportable death, the person who reported the death may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge. (2) Subject to section 86, an appeal under this section must be made within 3 months after the day on which the determination of the coroner is made. 79 Appeals in relation to autopsy (1) If a coroner gives a direction, with or without conditions, that an autopsy be performed, the senior next of kin may appeal against that direction and any conditions that may have been imposed, to the Trial Division of the Supreme Court constituted by a single judge. (2) An appeal under subsection (1) must be made before the direction takes effect. (3) If a coroner refuses a request under section 27 for a direction that an autopsy be performed— (a) the senior next of kin; or (b) the person who requested the autopsy, where that person is not the senior next of kin— may appeal against that refusal to the Trial Division of the Supreme Court constituted by a single judge. (4) An appeal under subsection (3) must be made within 48 hours after the person receives notice of the refusal to perform an autopsy under section 27(2). s. 78 -- 59 of 115 -- Part 7—Appeals to Supreme Court Coroners Act 2008 No. 77 of 2008 54 80 Appeal in relation to determination of coroner not to investigate a fire (1) If a coroner determines not to investigate a fire, the person who requested the coroner to investigate the fire may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge. (2) Subject to section 86, an appeal under this section must be made within 3 months after the day on which the determination of the coroner is made. 81 Appeal in relation to exhumation (1) If the State Coroner notifies a person under section 46(3) of the authorisation of an exhumation, the senior next of kin and any other person who received notice under section 46(3) may appeal against the State Coroner's authorisation of the exhumation to the Trial Division of the Supreme Court constituted by a single judge. (2) An appeal under subsection (1) must be made within— (a) 48 hours; or (b) any further period specified by the State Coroner under section 46(5)— after the person receives notice of the State Coroner's authorisation of the exhumation under section 46(3). (3) If the State Coroner refuses to authorise the exhumation of a body under section 46, a person who applied to the State Coroner for the authorisation may appeal against that refusal to the Trial Division of the Supreme Court constituted by a single judge. s. 80 -- 60 of 115 -- Part 7—Appeals to Supreme Court Coroners Act 2008 No. 77 of 2008 55 (4) Subject to section 86, an appeal under subsection (3) must be made within 3 months after the refusal by the State Coroner. 82 Appeal in relation to determination not to hold an inquest (1) If a coroner determines not to hold an inquest into a death or fire, the person who requested the coroner to hold an inquest into the death or fire may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge. (2) Subject to section 86, an appeal under this section must be made within 3 months after the day on which the determination of the coroner is made. 83 Appeal against findings of coroner (1) A person with a sufficient interest in an investigation may appeal against the findings of a coroner in respect of a death or fire after an investigation to the Trial Division of the Supreme Court constituted by a single judge. (2) An interested party may appeal against the findings of a coroner in respect of a death or fire after an inquest to the Trial Division of the Supreme Court constituted by a single judge. (3) Subject to section 86, an appeal under this section must be made within 6 months after the day on which the determination of the coroner is made. 84 Appeal against refusal by coroner to re-open investigation (1) If the Coroners Court refuses to re-open an investigation under section 77, a person who requested the Coroners Court to set aside some or all of the findings of the coroner may appeal against the Court's determination to the Trial s. 82 -- 61 of 115 -- Part 7—Appeals to Supreme Court Coroners Act 2008 No. 77 of 2008 56 Division of the Supreme Court constituted by a single judge. (2) Subject to section 86, an appeal under this section must be made within 3 months after the refusal by the Coroners Court. 85 Appeal against order to release body (1) A person who applied to have a body released to him or her under section 48 may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court constituted by a single judge. (2) An appeal under this section must be made within 48 hours after the determination of the coroner is made. 86 Supreme Court may grant an extension of time The Supreme Court may grant leave to appeal out of time under section 78, 80, 81(3), 82, 83 or 84 if the Supreme Court— (a) is of the opinion that the failure to institute the appeal within the specified period was due to exceptional circumstances; and (b) is satisfied that granting the leave is desirable in the interests of justice. 87 Appeal to Supreme Court is on a question of law (1) An appeal to the Supreme Court under this Part is an appeal on a question of law. (2) Subject to this Part, an appeal under this Part must be brought in accordance with the rules of the Supreme Court. (3) The Supreme Court may make an order staying the operation of a determination that is the subject of an appeal under this Part. s. 85 -- 62 of 115 -- Part 7—Appeals to Supreme Court Coroners Act 2008 No. 77 of 2008 57 (4) Subject to section 88, after hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including an order remitting the matter for re-hearing to the Coroners Court with or without any direction in law. (5) An order made by the Supreme Court on an appeal under this Part, other than an order remitting the matter for re-hearing to the Coroners Court, may be enforced as an order of the Supreme Court. 88 Determinations of Supreme Court (1) If an appeal under section 79(1), 79(3), 81(1), 81(3) or 85(1) is successful, the Supreme Court must not remit the matter to the Coroners Court and must, as appropriate— (a) determine whether an autopsy should be performed, and if an autopsy is required— (i) specify the conditions (if any) applying to that autopsy; and (ii) direct a medical investigator to perform the autopsy; or (b) determine whether a body should be exhumed and if the exhumation is required, the conditions (if any) of that exhumation; or (c) determine to whom a body should be released and the terms or conditions (if any) of that release. (2) The Supreme Court may make any other orders that the Court sees fit in respect of the matters specified in subsection (1). __________________ s. 88 -- 63 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 58 PART 8—THE CORONERS COURT Division 1—Establishment of Coroners Court of Victoria 89 The Coroners Court (1) The Coroners Court of Victoria is established. (2) The Coroners Court consists of the coroners and registrars of the Coroners Court. (3) A coroner or registrar constitutes the Coroners Court when exercising functions under this Act other than functions under section 105. (4) The Coroners Court is an inquisitorial court. 90 Where and when Coroners Court to be held (1) The Coroners Court is to sit at the places the Governor in Council, by Order published in the Government Gazette, directs. (2) In addition to subsection (1), the Coroners Court may sit and act at any time and place. 91 State Coroner (1) There is to be an office of State Coroner of the Coroners Court. (2) The State Coroner must be a judge of the County Court who is appointed by the Governor in Council on the recommendation of the Attorney- General made after consultation with the Chief Judge. (3) The State Coroner holds office for the term (not exceeding 5 years) that is specified in his or her instrument of appointment and is eligible for re-appointment. s. 89 -- 64 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 59 (4) The appointment of a judge of the County Court as State Coroner does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge. (5) Service in the office of State Coroner must be taken for all purposes to be service in the office of judge of the County Court. (6) Nothing in this Act prevents a judge of the County Court appointed as State Coroner from constituting the County Court for the purposes of the exercise by the County Court of any of its functions. (7) The office of State Coroner becomes vacant if the State Coroner ceases to hold the office of judge of the County Court. (8) At the end of a term of office of a State Coroner, the person who was State Coroner may continue to exercise the functions of a coroner for 6 months immediately after the completion of that term of office, if the person continues to be a judge of the County Court. 92 Deputy State Coroner (1) There is to be an office of Deputy State Coroner of the Coroners Court. (2) The Deputy State Coroner must be a magistrate who is appointed by the Governor in Council on the recommendation of the Attorney-General. (3) The Deputy State Coroner must act as State Coroner during any period when— (a) there is a vacancy in the office of State Coroner; or s. 92 -- 65 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 60 (b) the State Coroner is absent on leave or for any reason is temporarily unable to perform the duties of the office of State Coroner. (4) The Deputy State Coroner holds office for the term (not exceeding 5 years) that is specified in his or her instrument of appointment and is eligible for re-appointment. (5) The Deputy State Coroner is entitled to be paid the salary at the rate for the time being applicable under the Judicial Salaries Act 2004, together with allowances at the rate or amount or of a kind as are for the time being applicable under that Act. (6) A Deputy State Coroner who acts as State Coroner under subsection (3) has, during the period of acting as State Coroner, the same functions as the State Coroner. (7) The appointment of a magistrate as Deputy State Coroner does not affect the tenure of office of the magistrate. (8) The office of Deputy State Coroner becomes vacant if the Deputy State Coroner ceases to hold the office of magistrate of the Magistrates' Court. 93 Assignment of magistrates and acting magistrates to be coroners (1) The State Coroner and Chief Magistrate may jointly assign any person who is appointed as a magistrate under section 7 of the Magistrates' Court Act 1989 or as an acting magistrate under section 9 of that Act to be a coroner for the Coroners Court, whether exclusively or in addition to any other duties. (2) In assigning a magistrate or acting magistrate to be a coroner for the Coroners Court, the State Coroner and Chief Magistrate must have regard to the experience and knowledge of the magistrate or acting magistrate in relation to coronial s. 93 -- 66 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 61 investigations, investigations into deaths and fires and the identification of preventative measures following such investigations. (3) The State Coroner and Chief Magistrate may at any time jointly revoke the assignment of a magistrate or acting magistrate. (4) Unless his or her assignment is revoked under subsection (3), a magistrate or acting magistrate who is assigned to be a coroner continues to be a coroner for so long as he or she holds the office of magistrate or acting magistrate under the Magistrates' Court Act 1989. 94 Acting coroners (1) The Governor in Council, on the advice of the Attorney-General, may appoint as many acting coroners as are necessary for transacting the business of the Coroners Court. (2) A person is not eligible for appointment as an acting coroner unless he or she— (a) has not attained the age of 75 years and is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of a Territory; or (b) has not attained the age of 70 years and is an Australian lawyer within the meaning of the Legal Profession Act 2004 of at least 5 years' standing; or (c) has not attained the age of 75 years and is appointed to act as a coroner in another State or a Territory. s. 94 -- 67 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 62 (3) An acting coroner— (a) is eligible for reappointment as an acting coroner; (b) ceases to hold office— (i) at the end of 5 years from the date of his or her appointment; or (ii) on attaining the age of 70 years or, in the case of an acting coroner referred to in subsection (2)(a) or (2)(c), 75 years— whichever is sooner; (c) may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office. (4) An acting coroner may resign from the office of acting coroner by delivering a letter of resignation, signed by the acting coroner, to the Governor. (5) An acting coroner is entitled to be paid the same salary and allowances as an acting magistrate. 95 Oath of office A person appointed or assigned to be a coroner under this Act must, before acting as a coroner, take an oath of office in the prescribed form and manner. 96 Assignment of duties (1) The State Coroner may assign duties to a coroner. (2) A coroner must carry out the duties that are from time to time assigned to him or her by the State Coroner. s. 95 -- 68 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 63 97 Registrars of the Coroners Court and the chief executive officer (1) For the purposes of this Act and to assist in the administration of the Coroners Court there are to be employed under Part 3 of the Public Administration Act 2004— (a) a chief executive officer; and (b) a principal registrar; and (c) as many registrars and deputy registrars as are necessary. (2) Any person who for the time being holds the office of registrar or deputy registrar of the Magistrates' Court also holds the office of registrar or deputy registrar (as the case requires) of the Coroners Court. (3) The State Coroner may, by notice given to the Secretary to the Department of Justice, specify qualifications (including training, skill and experience) required to be held, or examinations in specified subjects required to be passed, by any person seeking to be employed under Part 3 of the Public Administration Act 2004 as a registrar or in a class of registrar. 98 Functions of registrars A registrar has the following functions in addition to those conferred on him or her by or under this or any other Act— (a) on behalf of a coroner, to receive information about a death or fire that a coroner is investigating; (b) to administer an oath to a person in relation to a death or fire that a coroner is investigating; s. 97 -- 69 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 64 (c) to swear an affidavit relating to an investigation by a coroner; (d) any functions prescribed by the rules or regulations. 99 Delegation from the State Coroner to a registrar (1) The State Coroner may, by instrument, delegate functions prescribed in the rules or regulations as delegable functions of the State Coroner or a coroner to a specified registrar or class of registrar. (2) The following functions of the State Coroner or a coroner are not functions that can be prescribed as delegable functions— (a) the power of delegation under subsection (1); (b) the power of delegation under section 100; (c) directing that there be an identification procedure or an autopsy; (d) ordering an exhumation; (e) releasing a body; (f) ordering an inquest; (g) conducting an inquest; (h) making findings or reviewing findings; (i) ordering a person to pay costs under section 74; (j) assigning duties to a coroner under section 96; (k) assigning a magistrate or acting magistrate to be coroner or revoking the assignment; (l) making rules or issuing practice directions, statements or notes; (m) exercising a power under section 103; s. 99 -- 70 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 65 (n) giving a direction under section 108; (o) being a member of the Council. 100 Delegation from State Coroner to a coroner (1) The State Coroner may, by instrument, delegate to a coroner any of his or her functions other than— (a) this power of delegation; (b) the power of delegation under section 99; (c) assigning duties to a coroner under section 96; (d) assigning a magistrate or acting magistrate to be a coroner or revoking the assignment; (e) making rules or issuing practice directions, statements or notes; (f) giving a direction under section 108. (2) The State Coroner may, by instrument, delegate to the Deputy State Coroner any of his or her functions other than the powers of delegation under section 99 and this section. 101 Protection of coroners and registrars (1) A coroner has, in the performance of his or her duties as a coroner, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. (2) A registrar has, in the performance of his or her duties as a registrar, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. 102 Annual report (1) As soon as practicable in each year but not later than 31 October, the State Coroner must submit to the Attorney-General a report containing— s. 100 -- 71 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 66 (a) a review of the operation of the Coroners Court during the 12 months ending on the preceding 30 June; and (b) any other matters that are prescribed by the regulations. (2) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before each House of Parliament within 7 sitting days after receiving it. Division 2—Contempt of Court 103 Contempt (1) A person is guilty of contempt of the Coroners Court if the person— (a) wilfully fails to comply with a summons or order of a coroner; or (b) insults an officer of the Coroners Court while that officer is performing functions as an officer of the Coroners Court; or (c) insults, obstructs or hinders a person attending an inquest; or (d) misbehaves at or interrupts an inquest; or (e) obstructs or hinders a person from complying with an order of a coroner or a summons to attend the Coroners Court; or (f) does any other act that would, if the Coroners Court were the Supreme Court, constitute contempt of that Court. (2) If it is alleged or appears to a coroner that a person is guilty of contempt of the Coroners Court, the coroner may— s. 103 -- 72 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 67 (a) if the person is in the Coroners Court or in the precinct of the Coroners Court, by oral order direct that the person be arrested and brought before the Coroners Court; or (b) issue a warrant for his or her arrest in the prescribed form. (3) Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued under this section as if any reference to the Magistrates' Court were a reference to a coroner or the Coroners Court. (4) On the person being brought before the Coroners Court, the coroner must cause the person to be informed of the contempt with which he or she is charged and may adopt any procedure that the coroner thinks fit. (5) The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Coroners Court under this section as if the person were accused of an offence and were being held in custody in relation to that offence. (6) On the hearing of a charge for contempt, a coroner must be satisfied of the person's guilt on proof beyond reasonable doubt. (7) If the coroner finds that the person is guilty of contempt of the Coroners Court, the coroner may— (a) in the case of a natural person, commit the person to a prison for a term of not more than 12 months or impose a fine of not more than 120 penalty units; (b) in the case of corporation, impose a fine of not more than 600 penalty units. s. 103 -- 73 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 68 (8) If a person is committed to prison for a term, the coroner may order his or her discharge before the end of the term. (9) A coroner may accept an apology for a contempt and may remit any punishment for it either wholly or in part. (10) Despite section 62, a coroner is bound by the rules of evidence in exercising a power under this section. 104 Appeal from finding of contempt (1) A person who is committed to prison or fined under section 103 may, with the leave of the Court of Appeal, appeal to the Court of Appeal in accordance with Part VI of the Crimes Act 1958 against the punishment as if— (a) the person were a person convicted on indictment in the Trial Division of the Supreme Court; and (b) the punishment imposed were the sentence passed on their conviction. (2) Under section 579 of the Crimes Act 1958, the Court of Appeal may, if it thinks fit, on the application of a person who has been committed to prison under section 103 and who has appealed under subsection (1), admit the person to bail pending the determination of his or her appeal. (3) The time within which an appeal may be made under this section may be extended by the Court of Appeal in accordance with Part VI of the Crimes Act 1958. s. 104 -- 74 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 69 Division 3—Rules of Court and practice notes 105 Rules of the Coroners Court (1) The State Coroner, together with 2 or more coroners, may jointly make rules of the Coroners Court for or with respect to— (a) forms; (b) any matter relating to the practice and procedure of the Coroners Court, including the manner of making applications to a coroner and the recording of determinations; (c) any matter relating to a body that is in the control of a coroner, including the viewing and handling of a body; (d) the investigation of a death or fire; (e) the publication of when an inquest is to occur, including how those details are to be published and what the publication must include; (f) the collection, use, disclosure and transfer of information; (g) the custody, care, control, return or disposition of a thing (including a document) or sample seized, taken or received by a member of the police force or the Coroners Court under this Act; (h) the service of documents; (i) the publishing of coronial findings, comments and recommendations; (j) the performance of functions by the State Coroner, coroners and registrars; s. 105 -- 75 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 70 (k) any other matter relating to the practice or procedure of the Coroners Court that is required or permitted to be prescribed by the rules or that is necessary to be prescribed by the rules for the purposes of this Act. (2) Rules of the Coroners Court may— (a) require a matter affected by the rules to be approved by or to the satisfaction of a coroner or registrar or class of coroner or registrar; (b) confer a discretionary authority or impose a duty on a coroner or a registrar or class of coroner or registrar; (c) provide in a specified case or class of case for the exemption of an investigation or inquest or a class of investigation or inquest from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to any extent that is specified. (3) A power conferred by this Act to make rules of the Coroners Court may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, in respect of the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or a different provision for different cases or classes of case, or a different provision for the same case or class of case for different purposes; or s. 105 -- 76 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 71 (ii) any provision either conditionally or subject to any specified condition. 106 Disallowance The rules are subject to disallowance by a House of the Parliament. 107 Practice notes (1) The State Coroner may from time to time issue practice directions, statements or notes for the Coroners Court in relation to investigations and hearings of the Court. (2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with any provision made by or under this or any other Act. Division 4—Miscellaneous 108 Professional development and training (1) The State Coroner is responsible for directing the professional development and continuing education and training of coroners and registrars. (2) In discharging his or her responsibility under subsection (1) the State Coroner may direct— (a) all coroners or registrars; or (b) a specified class of coroner or registrar; or (c) a specified coroner or registrar— to participate in a specified professional development activity or education and training activity. (3) A direction under subsection (2) may be given orally or in writing. s. 106 -- 77 of 115 -- Part 8—The Coroners Court Coroners Act 2008 No. 77 of 2008 72 (4) A direction made by the State Coroner under subsection (2), in respect of a coroner who is a magistrate or acting magistrate, must be given jointly with the Chief Magistrate. __________________ s. 106 -- 78 of 115 -- Part 9—Coronial Council of Victoria Coroners Act 2008 No. 77 of 2008 73 PART 9—CORONIAL COUNCIL OF VICTORIA 109 Coronial Council of Victoria The Coronial Council of Victoria is established. 110 Function of the Council (1) The function of the Council is to provide advice, and make recommendations, to the Attorney- General either— (a) of its own motion; or (b) at the request of the Attorney-General. (2) Advice and recommendations prepared under subsection (1) must be in respect of— (a) issues of importance to the coronial system in Victoria; (b) matters relating to the preventative role played by the Coroners Court; (c) the way in which the coronial system engages with families and respects the cultural diversity of families; (d) any other matters relating to the coronial system that are referred to the Council by the Attorney-General. 111 Members of the Council (1) The Council consists of— (a) the State Coroner; and (b) the Director of the Institute; and (c) the Chief Commissioner of Police; and (d) 5 to 7 other members appointed by the Governor in Council on the recommendation of the Attorney-General. s. 109 -- 79 of 115 -- Part 9—Coronial Council of Victoria Coroners Act 2008 No. 77 of 2008 74 (2) A member of the Council appointed under subsection (1)(d)— (a) holds office for the term, not exceeding 3 years, that is specified in his or her instrument of appointment; and (b) is eligible for re-appointment; and (c) may resign from office by delivering a letter of resignation to the Attorney-General; and (d) is entitled to the remuneration and allowances specified in the instrument of appointment and to be reimbursed for expenses. (3) The Governor in Council, on the recommendation of the Attorney-General, must appoint a member appointed under subsection (1)(d) to be the Chairperson of the Council. 112 Procedure at meetings (1) The Chairperson or, in his or her absence, a member of the Council elected by the members present at a meeting, must preside at a meeting of the Council. (2) The person presiding at the meeting must ensure that decisions made at the meeting, including any recommendations, are recorded in writing. (3) 5 members constitute a quorum of the Council. (4) Subject to this section, the Council may otherwise regulate its own procedure. 113 Annual report (1) As soon as practicable each year but not later than 31 October, the Council must submit to the Attorney-General a report— (a) of its operations for the year ending on 30 June that year; and s. 112 -- 80 of 115 -- Part 9—Coronial Council of Victoria Coroners Act 2008 No. 77 of 2008 75 (b) that includes any prescribed matter. (2) The Attorney-General must cause each annual report submitted to him or her under this section to be presented to each House of Parliament within 7 sitting days of that House after receiving it. __________________ s. 113 -- 81 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 76 PART 10—GENERAL 114 Return and possession of things (1) This section does not apply to tissue samples or other material that may be removed from a body. (2) Subject to the rules, a coroner must make orders for the custody, care, control, return or disposition of each thing (including a document) or sample seized, taken or received by a member of the police force or the Coroners Court under this Act. (3) Without limiting subsection (2), an order made by a coroner under that subsection may provide— (a) that the thing or sample must stay in the possession of the Coroners Court; or (b) if the thing or sample is required for the purposes of a criminal investigation or prosecution and the Chief Commissioner of Police applies to a coroner for the thing or sample, that the thing or sample is to be given to the Chief Commissioner of Police for the duration of the investigation and any prosecution; or (c) that the thing or sample be destroyed or otherwise disposed of. 115 Access to documents (1) Unless otherwise ordered by the coroner, the principal registrar must provide— (a) the senior next of kin of a deceased person with any reports given to a coroner as result of a medical examination performed on the deceased; (b) an interested party with a copy of the inquest brief. s. 114 -- 82 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 77 (2) A coroner may also release a document to— (a) an interested party if the coroner is satisfied that the party has a sufficient interest in the document; (b) a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function; (c) a member of the police force for law enforcement purposes; (d) a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee; (e) any person if the coroner is satisfied that the release is in the public interest; (f) a person specified in the rules as being a person to whom documents may be released. (3) A coroner may impose conditions on the release of any document under subsection (1) or (2). (4) A person to whom a document has been released under this section must comply with any condition placed on that release. Penalty: 60 penalty units. (5) A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section. Penalty: 60 penalty units. (6) A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law. s. 115 -- 83 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 78 (7) In this section, inquest brief means a brief of evidence that is prepared for an inquest and contains the following (if available)— (a) a statement of identification by an appropriate person; (b) any reports given to a coroner as a result of a medical examination; (c) reports and statements that the coroner investigating the death or fire believes are relevant to an inquest; (d) other evidentiary material that the coroner investigating the death or fire believes is relevant to the inquest; (e) any material prescribed by the rules or the regulations. (8) For the purposes of subsection (7), an inquest brief does not include any part of a medical file that the coroner considers to be irrelevant to the inquest. 116 Registers to be kept by principal registrar (1) The principal registrar must keep the following registers— (a) a register of authorisations issued by coroners to members of the police force to investigate deaths under section 39; (b) a register of authorisations issued by coroners to members of the police force to investigate fires under section 39; (c) a register of exhumations authorised by the State Coroner under section 46; (d) a register of certificates given to witnesses under section 57; s. 116 -- 84 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 79 (e) a register of orders made by coroners under section 76 restricting the publication of reports; (f) any other register prescribed by the regulations. (2) A register kept under this section must be in the prescribed form. 117 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing circumstances in relation to a death for the purposes of the definition of reportable death; and (b) prescribing registered medical practitioners or classes of registered medical practitioners as pathologists; and (c) prescribing a person or class of persons for the purposes of the definition of person placed in custody or care; and (d) prescribing persons that must report a reportable death; and (e) prescribing information in respect of the coronial process that must be provided to the senior next of kin of a deceased person or other person; and (f) prescribing forms (including the form of a warrant to arrest or summons); and (g) prescribing circumstances in which information on registers kept by the principal registrar may or may not be disclosed; and (h) prescribing types of registers to be kept by the principal registrar; and s. 117 -- 85 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 80 (i) prescribing the circumstances of a death that would require an inquest to be held; and (j) prescribing the functions of registrars; and (k) prescribing the functions of the State Coroner or a coroner that may be delegated to a registrar or class of registrar; and (l) prescribing matters to be included in the State Coroner's annual report; and (m) prescribing matters to be included in the Council's annual report; and (n) the fees payable in respect of the provision of copies of documents by the Coroners Court to a person; and (o) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act may be made so as to confer a discretionary function on a specified court officer or a specified class of court officer or the Institute. (3) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value or time; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. s. 117 -- 86 of 115 -- Part 10—General Coroners Act 2008 No. 77 of 2008 81 (4) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, in respect of the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or a different provision for different cases or classes of case, or a different provision for the same case or class of case for different purposes; or (ii) any provision either conditionally or subject to any specified condition. 118 Fees The principal registrar, and any other registrar nominated by the principal registrar, may waive, reduce or refund prescribed fees, in whole or in part, payable or paid by a person under this Act if the principal registrar or the nominated registrar believe it is appropriate in the circumstances. 119 Transitional and saving provisions Schedule 1 has effect. __________________ s. 118 -- 87 of 115 -- Part 11—Amendment of Coroners Act 1985 and Consequential Amendments Coroners Act 2008 No. 77 of 2008 82 PART 11—AMENDMENT OF CORONERS ACT 1985 AND CONSEQUENTIAL AMENDMENTS Division 1—Amendment of Coroners Act 1985 120 Change of name of Act In the title to the Coroners Act 1985, for "Coroners" substitute "Victorian Institute of Forensic Medicine". 121 Amendment of purpose of Act Section 1(a), (b) and (c) of the Coroners Act 1985 are repealed. 122 Definitions (1) In section 3(1) of the Coroners Act 1985— (a) insert the following definitions— "autopsy has the same meaning as in section 3(1) of the Coroners Act 2008; identification procedure has the same meaning as in section 3(1) of the Coroners Act 2008; preliminary examination has the same meaning as in section 3(1) of the Coroners Act 2008;" See: Act No. 10257. Reprint No. 6 as at 16 July 2007 and amending Act Nos 36/2007, 7/2008, 12/2008 and 46/2008. LawToday: www. legislation. vic.gov.au s. 120 -- 88 of 115 -- Part 11—Amendment of Coroners Act 1985 and Consequential Amendments Coroners Act 2008 No. 77 of 2008 83 (b) for the definition of parent substitute— "parent has the same meaning as in section 3(1) of the Coroners Act 2008;"; (c) for the definition of pathologist substitute— "pathologist has the same meaning as in section 3(1) of the Coroners Act 2008;"; (d) for the definition of reviewable death substitute— "reviewable death has the same meaning as in section 5 of the Coroners Act 2008;"; (e) for the definition of sibling substitute— "sibling has the same meaning as in section 3(1) of the Coroners Act 2008;"; (f) the definitions of Australian lawyer, coroner, domestic partner, inquest, investigation, person held in care, prescribed, reportable death and spouse are repealed. (2) Section 3(2) of the Coroners Act 1985 is repealed. 123 Repeal of various Parts and provisions (1) Sections 4 and 5 of the Coroners Act 1985 are repealed. (2) Parts 2, 3, 4, 5, 6 and 7 of the Coroners Act 1985 are repealed. (3) Sections 60, 61, 62 and 62A of the Coroners Act 1985 are repealed. (4) Part 10 of the Coroners Act 1985 is repealed. s. 123 -- 89 of 115 -- Part 11—Amendment of Coroners Act 1985 and Consequential Amendments Coroners Act 2008 No. 77 of 2008 84 124 Establishment and objects of the Institute After section 64(2)(h) of the Coroners Act 1985 insert— "(ha) to contribute to reducing the number of preventable deaths and to promote public health and safety and the administration of justice;". 125 Functions of the Institute (1) In section 66(1) of the Coroners Act 1985— (a) for "Subject to the directions of the State Coroner, the" substitute "The"; (b) in paragraph (a), for "this Act" substitute "the Coroners Act 2008"; (c) in paragraph (c), for "this Act" substitute "the Coroners Act 2008". (2) After section 66(3) of the Coroners Act 1985 insert— "(3A) The Institute's function under subsection (3) is not ongoing after the Institute has completed its investigation and assessment and instigated appropriate responses in accordance with that subsection.". 126 New section 71A inserted After section 71 of the Coroners Act 1985 insert— "71A Staff There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to assist the Institute in the performance of its functions under this Act.". s. 124 -- 90 of 115 -- Part 11—Amendment of Coroners Act 1985 and Consequential Amendments Coroners Act 2008 No. 77 of 2008 85 127 Director's duties relating to autopsies For section 73 of the Coroners Act 1985 substitute— "73 Director's duties relating to autopsies and other examinations (1) If a body has been provided to the Institute and the Institute is authorised to perform a preliminary examination, the Director must— (a) ensure that a preliminary examination is performed; and (b) report the results of the preliminary examination to the coroner; and (c) keep a record of the preliminary examination. (2) If a coroner has directed the Institute to perform an identification procedure, the Director must— (a) ensure that an identification procedure is performed; and (b) report the results of the identification procedure to the coroner; and (c) keep a record of the identification procedure. (3) If a coroner directs the Institute to perform an autopsy under section 25 of the Coroners Act 2008, or the Supreme Court directs the Institute to perform an autopsy under section 88 of the Coroners Act 2008, the Director must— (a) ensure that an autopsy is performed; and s. 127 -- 91 of 115 -- Part 11—Amendment of Coroners Act 1985 and Consequential Amendments Coroners Act 2008 No. 77 of 2008 86 (b) report the results of the autopsy to the coroner; and (c) keep a record of the autopsy.". 128 Repeal of Division This Division is repealed on 1 November 2010. Note The repeal of this Division does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). Division 2—Consequential Amendments 129 Consequential amendments An Act specified in the heading to an item in Schedule 2 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision. 130 Repeal of Division and Schedule 2 This Division and Schedule 2 are repealed on 1 November 2010. Note The repeal of this Division and Schedule 2 does not affect the continuing operation of the amendments made by Schedule 2 (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 128 -- 92 of 115 -- Coroners Act 2008 No. 77 of 2008 87 SCHEDULES SCHEDULE 1 Section 119 SAVING AND TRANSITIONAL PROVISIONS 1 Definitions In this Schedule— commencement day means 1 November 2009; new Act means the Coroners Act 2008; old Act means the Coroners Act 1985 as in force on 31 October 2009. 2 General transitional provisions (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment. (3) This Schedule applies despite anything to the contrary in any other provision of the new Act. 3 Superseded reference (1) On and from the commencement day, a reference to the old Act in any Act or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the new Act unless— Sch. 1 -- 93 of 115 -- Coroners Act 2008 No. 77 of 2008 88 (a) the reference is to Part 9 of the old Act; or (b) the context otherwise requires. (2) On and from the commencement day, a reference to Part 9 of the old Act in any Act, or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the Victorian Institute of Forensic Medicine Act 1985. (3) In this clause, a reference to "any Act" does not include a reference to this Act or a provision of the Coroners Act 1985 continued by this Act. 4 Re-enacted provisions A provision or provisions of the old Act specified in Column 1 of the Table are deemed to be re-enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table. Old provision New provision Section 13 Sections 10 to 12 Section 13A Section 13 Section 14(1) Section 32 Sections 14(2) and 39 Section 36 Section 18(1) Section 52(5) and 52(6) Section 24 Section 22 Section 25(1) Section 51 Sections 26(1) to (4) Section 39 Section 27(1) Section 25 Sections 27(1A) and 27(2) Section 28 Sections 28(1) and 28(2) Section 27 Section 32 Section 31 Section 35 Section 53 Sch. 1 -- 94 of 115 -- Coroners Act 2008 No. 77 of 2008 89 Old provision New provision Section 40 Section 38 Section 41(1) to (4) Section 39 5 Preliminary examinations A medical investigator may perform a preliminary examination under the new Act on a body that was provided to the medical investigator under the old Act before the commencement day to enable an examination of the body to be performed. 6 Directions made under old Act On and from the commencement day, directions made by— (a) the Attorney-General under sections 17(1), 25(2), 31(2) and 34 of the old Act; or (b) the State Coroner under the sections 15A, 16, 17(1), 24, 33 or 34(2), of the old Act— cease to have effect unless clause 7 applies. 7 Inquest commenced under old Act (1) Subject to clause 10, if the hearing of an inquest has begun under the old Act and the inquest is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the inquest. (2) Despite subclause (1), the findings of an inquest completed under that subclause are deemed to be findings made under section 67 or 68 (as appropriate) of the new Act. (3) If, on and from the commencement day, an inquest is to proceed under this clause as if the new Act has not commenced, the old Act is to be read as follows— Sch. 1 -- 95 of 115 -- Coroners Act 2008 No. 77 of 2008 90 (a) a reference to a coroners clerk is to be read as a reference to a registrar within the meaning of the new Act; (b) a reference to a coroner is to be read as a reference to a coroner within the meaning of the new Act; (c) a reference to the State Coroner is to be read as a reference to the State Coroner within the meaning of the new Act; (d) a reference to the Deputy State Coroner is to be read as a reference to the Deputy State Coroner within the meaning of the new Act. 8 Applications commenced under old Act (1) Subject to clause 10, if a hearing of an application to the Supreme Court has begun under section 18, 28, 29, 30, 35, 59 or 59B of the old Act and the application is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the application. (2) Despite subclause (1), the determination of the application by the Supreme Court under that subclause is deemed to be a determination of the Supreme Court under section 87 of the new Act. 9 Documents (1) Documents held by the State Coroner's Office immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court. (2) Documents on a coroner's file or record (within the meaning of section 51 of the old Act) immediately before the commencement day are, on and from the commencement day, deemed to be held by the Coroners Court. Sch. 1 -- 96 of 115 -- Coroners Act 2008 No. 77 of 2008 91 (3) Any other documents held by a coroner immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court. (4) This clause does not apply to documents relating to— (a) an inquest being heard under clause 7; or (b) an application being heard under clause 8— until the inquest is completed or the application is determined. 10 Release of documents on coroner's existing file to be subject to new Act Despite clauses 7 and 8, on and from the commencement day, documents on a coroner's file or record within the meaning of section 51 of the old Act may only be released in accordance with— (a) the new Act; or (b) a law other than section 51 of the old Act. 11 Release of body A certificate issued by a coroner under section 23 of the old Act is, on and from the commencement day, taken to be an order made by a coroner under section 47 of the new Act. 12 Objections to autopsy On and from the commencement day— (a) a request under section 29(1) of the old Act is taken to be a request under section 26(2) of the new Act; (b) a notice under section 29(1) of the old Act is taken to be a notice under section 26(3) of the new Act. Sch. 1 -- 97 of 115 -- Coroners Act 2008 No. 77 of 2008 92 13 Exhumations Subject to clause 8, on and from the commencement day, an order made under section 30 of the old Act is taken to be an authorisation under section 46 of the new Act. 14 Return and possession of things On and from the commencement day, section 114 of the new Act applies to any thing taken into possession under section 26 of the old Act and still in the possession of a coroner immediately before the commencement day. 15 State Coroner and Deputy State Coroner (1) A judge of the County Court who held the office of State Coroner immediately before the commencement day— (a) holds, on and from the commencement day, the office of State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and (b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act. (2) A magistrate who held the office of Deputy State Coroner immediately before the commencement day— (a) holds, on and from the commencement day, the office of Deputy State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and -- 98 of 115 -- Coroners Act 2008 No. 77 of 2008 93 (b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act. 16 Coroners (1) Any person who was a magistrate or acting magistrate and who held the office of coroner immediately before the commencement day is, on and from the commencement day, deemed— (a) to be a coroner jointly assigned by the State Coroner and Chief Magistrate under section 93 of the new Act; and (b) to have taken an oath of office under section 95 of the new Act. (2) Any person who was not a magistrate or acting magistrate and held the office of coroner immediately before commencement day is, on and from the commencement day, deemed— (a) to be a coroner within the meaning of this Act; and (b) to hold the office of coroner on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act as if the new Act had not commenced; and (c) to have taken an oath of office under section 95 of the new Act. 17 Depositions For the purposes of section 55AB of the Evidence Act 1958, any deposition taken by a coroner under section 15 of the Coroners Act 1958 or section 57 of the old Act is, on and from the commencement day, taken to be a deposition taken by a coroner under section 63 of the new Act. Sch. 1 -- 99 of 115 -- Coroners Act 2008 No. 77 of 2008 94 18 Consultative Council on Obstetric and Paediatric Mortality and Morbidity If section 44 of the Public Health and Wellbeing Act 2008 is not in operation on the commencement day, section 49 of this Act applies until the commencement of that section 44 as if— (a) a reference to the Public Health and Wellbeing Act 2008 were a reference to the Health Act 1958; and (b) a reference to section 46(3) of the Public Health and Wellbeing Act 2008 were a reference to section 162F(1)(a) of the Health Act 1958. 19 Regulations dealing with transitional matters The Governor in Council may make regulations in relation to any matters of a savings or transitional nature that may arise out of the enactment of this Act or amendments made by this Act. __________________ Sch. 1 -- 100 of 115 -- Coroners Act 2008 No. 77 of 2008 95 SCHEDULE 2 Section 129 CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 1 Aboriginal Heritage Act 2006 1.1 In the heading to section 9 for "Coroners Act 1985" substitute "Coroners Act 2008". 1.2 In section 9 for "Coroners Act 1985" substitute "Coroners Act 2008". 2 Accident Compensation Act 1985 For section 243(2)(c)(ib) substitute— "(ib) the Coroners Court;". 3 Births, Deaths and Marriages Registration Act 1996 3.1 In section 4(1)— (a) in the definition of Institute, for "Coroners Act 1985" substitute "Victorian Institute of Forensic Medicine Act 1985"; (b) for the definition of reviewable death substitute— "reviewable death has the same meaning as in section 5 of the Coroners Act 2008;"; (c) in the definition of sibling, for "Coroners Act 1985" substitute "Coroners Act 2008". 3.2 In section 6(ba) for "Coroners Act 1985" substitute "Coroners Act 2008 and the Victorian Institute of Forensic Medicine Act 1985". Sch. 2 -- 101 of 115 -- Coroners Act 2008 No. 77 of 2008 96 3.3 In section 36(1)— (a) for paragraph (b) substitute— "(b) has been given a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased person to a specified person; or"; (b) in paragraph (c), for "section 22 of the Coroners Act 1985" substitute "section 49(2) of the Coroners Act 2008". 3.4 In section 37(4) for "Coroners Act 1985" substitute "Coroners Act 2008". 3.5 In section 38(1) for "Coroners Act 1985, the coroner" substitute "Coroners Act 2008, the principal registrar of the Coroners Court". 3.6 For section 38(2) substitute— "(2) If a coroner releases a body under the Coroners Act 2008, or ceases an investigation under section 17 of that Act or makes a finding about the cause of death, the principal registrar of the Coroners Court must give a copy of the release and any other information that the principal registrar is required to provide under the Coroners Act 2008, to the Registrar.". 3.7 In section 49A(2) for "Coroners Act 1985" substitute "Coroners Act 2008". 4 Cemeteries and Crematoria Act 2003 4.1 For section 116(3)(b) substitute— "(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or". Sch. 2 -- 102 of 115 -- Coroners Act 2008 No. 77 of 2008 97 4.2 For section 121(3)(b) substitute— "(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or". 4.3 For section 131(3)(b) substitute— "(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or". 4.4 In section 133(2) for "a certificate in the form prescribed under section 23 of the Coroners Act 1985 certifying that cremation is permitted" substitute "a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased person to a specified person". 4.5 For section 135(2)(b) substitute— "(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or". 4.6 In section 142 omit "appointed under the Coroners Act 1985". 4.7 In section 143(1) omit "appointed under the Coroners Act 1985". 4.8 In section 143(2) omit "appointed under the Coroners Act 1985". 4.9 In section 144 for omit "appointed under the Coroners Act 1985". Sch. 2 -- 103 of 115 -- Coroners Act 2008 No. 77 of 2008 98 4.10 For section 151(3)(c) substitute— "(c) a coroner; or". 4.11 In section 154 for "Coroners Act 1985" substitute "Coroners Act 2008". 4.12 For section 156(3)(b) substitute— "(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person;". 5 Charter of Human Rights and Responsibilities Act 2006 In section 3(1), in the definition of court, for "or the Children's Court" substitute ", the Children's Court or the Coroners Court". 6 Children, Youth and Families Act 2005 6.1 In section 490(1)— (a) omit ", or a coroner holding an inquest under the Coroners Act 1985 or the coroner's clerk"; (b) omit "or inquest". 6.2 In section 490(1)(a) omit "or inquest". 7 Country Fire Authority Act 1958 7.1 In section 98(4), for "under section 41 of the Coroners Act 1985" substitute "under Division 4 of Part 4 of the Coroners Act 2008". 7.2 In section 98(5)(a), for "Coroners Act 1985" substitute "Coroners Act 2008". 7.3 After section 98 insert— "98AA Restriction of access to fire area (1) This section applies if access to a place where a fire has occurred has been restricted under section 98. Sch. 2 -- 104 of 115 -- Coroners Act 2008 No. 77 of 2008 99 (2) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under section 98. Penalty: 60 penalty units or imprisonment for 6 months.". 7.4 Section 99 is repealed. 8 Court Security Act 1980 In section 2(1), for paragraph (ca) of the definition of clerk substitute— "(ca) in the case of the Coroners Court, a registrar of that Court;". 9 Evidence Act 1958 9.1 In section 12, for "Coroners Act 1985" substitute "Coroners Act 2008". 9.2 In section 19A(2)(a)(i), omit "within the meaning of the Coroners Act 1985". 9.3 In section 55AB(1)— (a) for paragraph (a)(ii) substitute— "(ii) any deposition taken by a coroner under section 63 of the Coroners Act 2008; and"; (b) in paragraph (b) omit "appointed under the Coroners Act 1985". 10 Health Act 1958 In section 162FB(c), omit "under the Coroners Act 1985". 11 Health Services (Conciliation and Review) Act 1987 In section 19(2)— (a) omit "or a coroner"; (b) omit "coroner,". Sch. 2 -- 105 of 115 -- Coroners Act 2008 No. 77 of 2008 100 12 Human Tissue Act 1982 12.1 In section 3(1), the definitions of coroner and State Coroner are repealed. 12.2 In section 27, for "Coroners Act 1985" (wherever occurring) substitute "Coroners Act 2008". 12.3 In section 29(1), for "Coroners Act 1985" substitute "Coroners Act 2008". 12.4 In section 30(3), for "An order by a coroner under the Coroners Act 1985 directing a post-mortem examination is," substitute "Authority under the Coroners Act 2008 to remove tissue is,". 12.5 In section 33(1), for "Coroners Act 1985" substitute "Coroners Act 2008". 12.6 In section 44(5)(a), for "Coroners Act 1985" substitute "Coroners Act 2008". 12.7 In section 45(5)(c), for "Coroners Act 1985" substitute "Victorian Institute of Forensic Medicine Act 1985". 13 Interpretation of Legislation Act 1984 In section 38, insert the following definitions— "coroner has the same meaning as in section 3(1) of the Coroners Act 2008; Coroners Court means the Coroners Court of Victoria; Deputy State Coroner means the Deputy State Coroner of the Coroners Court; State Coroner means the State Coroner of the Coroners Court;". 14 Judicial Remuneration Tribunal Act 1995 In section 3 omit paragraph (l) of the definition of holder of an office. Sch. 2 -- 106 of 115 -- Coroners Act 2008 No. 77 of 2008 101 15 Judicial Salaries Act 2004 In the Table in section 4(1), omit the item relating to the State Coroner. 16 Mental Health Act 1986 In section 106A, for "Coroners Act 1985" substitute "Coroners Act 2008". 17 Metropolitan Fire Brigades Act 1958 17.1 In section 71(4), for "under section 41 of the Coroners Act 1985" substitute "under Division 4 of Part 4 of the Coroners Act 2008". 17.2 In section 71(5)(a), for "Coroners Act 1985" substitute "Coroners Act 2008". 17.3 After section 71 insert— "71A Restriction of access to fire area (1) This section applies if access to a place where a fire has occurred has been restricted under section 71. (2) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under section 71. Penalty: 60 penalty units or imprisonment for 6 months.". 18 Mines Act 1958 18.1 In section 414, for "Coroners Act 1985" substitute "Coroners Act 2008". 18.2 In section 417(4)— (a) for "the coroner's jury" substitute "a coroner or a person authorised by a coroner under section 39 of the Coroners Act 2008"; (b) for "such jury" substitute "the coroner". Sch. 2 -- 107 of 115 -- Coroners Act 2008 No. 77 of 2008 102 19 Police Regulation Act 1958 In section 20, for "Coroners Act 1985" substitute "Coroners Act 2008". 20 Public Administration Act 2004 20.1 In section 4(1), in paragraph (g) of the definition of public official, omit "appointed under the Coroners Act 1985". 20.2 In section 6(1), omit paragraph (g). 20.3 In section 106(1)(f) omit "appointed under the Coroners Act 1985". 21 Public Health and Wellbeing Act 2008 21.1 In section 41(1)(c), omit "under the Coroners Act 1985". 21.2 In section 137(2)(a), for "Coroners Act 1985" substitute "Victorian Institute of Forensic Medicine Act 1985". 21.3 In section 156(1)(b), for "State Coroner" substitute "coroner". 21.4 In section 157(5), for "section 29 of the Coroners Act 1985" substitute "the Coroners Act 2008". 22 Public Prosecutions Act 1994 In section 22(1)(b)(iii), for "Coroners Act 1985" substitute "Coroners Act 2008". 23 Rail Safety Act 2006 23.1 In section 3(1), in the definition of Victorian Institute of Forensic Medicine Director, for "Coroners Act 1985" substitute "Victorian Institute of Forensic Medicine Act 1985". 23.2 In section 83(4), for "in any proceedings conducted by a coroner" substitute "in any inquest or investigation held by a coroner". Sch. 2 -- 108 of 115 -- Coroners Act 2008 No. 77 of 2008 103 24 Road Safety Act 1986 24.1 In section 3(1), in the definition of Director of the Victorian Institute of Forensic Medicine, for "Coroners Act 1985" substitute "Victorian Institute of Forensic Medicine Act 1985". 24.2 For section 57(2)(d) substitute— "(d) in any inquest or investigation held by a coroner—". 24.3 In section 57A(1), for paragraph (e) of the definition of prescribed legal proceeding substitute— "(e) in any inquest or investigation held by a coroner;". 25 Surveillance Devices Act 1999 In section 3(1), in paragraph (h) of the definition of relevant proceeding, for "or inquiry" (wherever occurring) substitute "or investigation". 26 Wrongs Act 1958 In section 4, for "under the Coroners Act 1958 or investigation under the Coroners Act 1985" substitute "or investigation under the Coroners Act 1985 or the Coroners Act 2008". ═══════════════ Sch. 2 -- 109 of 115 -- Coroners Act 2008 No. 77 of 2008 104 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 October 2008 Legislative Council: 13 November 2008 The long title for the Bill for this Act was "A Bill for an Act to require the reporting of certain deaths, to provide for the investigation of deaths and fires by coroners in certain circumstances with the intention of finding the causes of deaths and fires and contributing to the reduction of the number of preventable deaths and fires, to establish the Coroners Court of Victoria and the Coronial Council of Victoria, to amend the Coroners Act 1985 to repeal the provisions relating to coroners and to rename that Act to continue to provide for the Victorian Institute of Forensic Medicine, to make consequential amendments to other Acts and for other purposes." Endnotes -- 110 of 115 -- Coroners Act 2008 No. 77 of 2008 105 INDEX Subject Section Actamendment of Coroners Act 1985 120–127 amendment of other Acts 129, Sch. 2 commencement 2 objectives 6-9 purposes 1 regulations 117 repeal of Div. 1 of Part 11 128 repeal of Div. 2 of Part 11, Sch. 2 130 saving and transitional provisions 119, Sch. 1 Apologies 70 Arrest warrants 59, 103 Attorney-General powers, functions regarding acting coroners 94 annual reports 102, 113 appointment of State Coroner 91 Coronial Council of Victoria 110, 111 Deputy State Coroner 92 inquests 66 reports of investigations to 72 Autopsies appeals to Supreme Court 79, 88 definition 3 direction to perform 25, 26 information to be given to medical investigators 29 objections 26 purpose 25 removal, preservation of tissue 28 request for 27 Certificates 57 Chief Commissioner of Police 37, 38, 111 Children 3, 13 See also Reviewable deaths Consultative Council on Obstetric and Paediatric Mortality and Morbidity 49 Coroners acting coroners 94 assignment of magistrates as 93 definition 3 Deputy State Coroner 3, 92 jurisdiction, powers, duties regarding arrest warrants 59 awards of costs 74 control of body 22 release of body 47, 48 reported deaths 16 return, possession of things 114 -- 111 of 115 -- Coroners Act 2008 No. 77 of 2008 106 Subject Section oath of office 95 protection from legal proceedings 101 See also Inquests; Investigations of deaths; Investigation of fires; State Coroner Coroners Court Chief Executive Officer 97 contempt 103, 104 definition 3 establishment 89 powers, orders regarding correction of errors in coroners' findings, recommendations, comments 76 re-opening of investigations 77 setting aside coroners' findings 77 practice notes 107 registrars, Principal Registrar 97 rules 105, 106 sitting 90 Coronial Council of Victoria annual report 113 Chairperson 111, 112 Council (def.) 3 establishment 109 function 110 membership 111 procedure 112 Country Fire Authority 3, 30, 35 Death (def.) 3 See also Inquests; Investigations; Reportable deaths; Reviewable deaths Definitions 3, 4, 5, 11, 37, 70, 115, Sch. 1 Director of Public Prosecutions 49, 60 Entry powers 39–41 Evidence 57, 62, 63 Exhumations 43–46, 81, 88 Fees 70, 117, 118 Fires See Inquests; Investigations of fires Immediate family (def.) 3 Inquests access to documents regarding 115 advertising of 61 appeals 82 assistance during 60 conduct 62, 65 coroners' powers regarding summonses, warrants 55, 59 costs 74 definition 3 effect of certain criminal charges on holding of 71 into deaths 52 into fires 53 privilege regarding self-incrimination 57 protection of lawyers, witnesses, interested parties 75 -- 112 of 115 -- Coroners Act 2008 No. 77 of 2008 107 Subject Section publication of findings, comments, recommendations 73 record of evidence 63 requests for 52, 53 restrictions on publication of reports 73 rights of interested parties 3, 56, 66 two or more deaths or fires 54 witnesses 64 Inspection powers 39 Institute See Victorian Institute of Forensic Medicine Investigations of deaths apology, waiver of fees not admission of guilt 70 appeals 83 control of body during 22 coroners' findings, comments 67, 69, 77 coroners' jurisdiction, grounds for holding 14, 15 coroners' powers of entry, inspection, possession 39–41 coroners' recommendations 72 discontinuation of 16, 20 identification directions 24 information relevant to 33, 36 notification of coroner's findings 49 preliminary examinations 3, 23 provision of information regarding 21 release of documents 115 reports 72 request for documents, statements 42 restriction of access to place death occurred 37 See also Inquests Investigations of fires apology, waiver of fees not admission of guilt 70 appeals 83 applications 31 coroner's findings 68, 69, 77 coroners' powers of entry, inspection, possession 39–41 coroners' recommendations 72 information relevant to 34–36 notification of Director of Public Prosecutions of findings 49 release of documents 115 reports 72 request by fire authorities for 30 request for documents, statements 42 restriction of access to fire area 38 See also Inquests Legal professional privilege 58 Magistrates' Court Act 1989 59, 103 Medical investigators 3, 17 Metropolitan Fire and Emergency Services Board 3, 30, 35 Next of kin See Senior next of kin -- 113 of 115 -- Coroners Act 2008 No. 77 of 2008 108 Subject Section Offences regarding contempt 103 documents, prepared statements 42, 115 failure to give assistance, information to coroners 32 failure to report reportable, reviewable deaths 10-13 investigations 33, 34 non-compliance with directions 40 publication of reports 73 restricted access areas 37, 38 Parents (def.) 3 Pathologists 3, 25 Persons placed in custody or care 3, 11 Police 60 obligations regarding assistance to coroners 60 information to coroner 36 report death of person placed in custody 11 powers of entry, search, inspection and possession 39–41 Registered medical practitioners 3, 10, 13, 33 Registers 116 Registrar of Births, Deaths, Marriages 17, 49 Registrars appointment 97 functions 98 powers, duties regarding fees 118 principal registrar's powers, duties notification of coroner's findings 49 provision of information to Institute 18 provision of information to medical investigators 29 refund, reduction, waiver of fees 118 registers 116 release of reports, documents 115 protection from legal proceedings 101 Regulations 117 Reportable deaths control of body 22 definition 4 determination that death not reportable 16 information for coroner 32 investigation not required for certain 17 obligation to report 12 See also Inquests; Investigations of deaths; Investigations of fires Reviewable deaths control of body 22 definition 5 determination that death not reviewable 20 information for coroner 32 investigation by, referral to Institute 18 -- 114 of 115 -- Coroners Act 2008 No. 77 of 2008 109 Subject Section investigation by State Coroner 19 obligation to report 13 of children 5 Self-incrimination privilege regarding 57 protection against 50 Senior next of kin access to documents 115 definition 3 appeals, notification of exhumations 45, 46, 81 appeals, objections to autopsy 26, 79 provision of coronial process information to 21 release of body to 48 Siblings (def.) 3 State Coroner appointment 91 definition 3 delegation to coroners, Deputy State Coroner 100 delegation to registrars 99 Deputy State Coroner (def.) 3 functions, directions, powers regarding aid to coroners of other States, Territories 51 annual report 102 assignment of coroners, duties 93, 96 exhumations 43–46 investigation of reviewable deaths 18–20 practice notes for Coroners Court 107 professional development, training of registrars 108 qualifications of registrars 97 rules of Coroners Court 105 Supreme Court jurisdiction, orders regarding appeals on questions of law 87 autopsies 79, 88 coroners' findings 83, 84 exhumations 81, 88 extension of time to appeal 86 fires 80 inquests 82 release of bodies 85, 88 reportable deaths 78 Tissue preservation 3, 28 Transitional provisions 119, Sch. 1 Victorian Institute of Forensic Medicine 3, 18 Witnesses 57, 64, 66, 75 -- 115 of 115 --