Coroners (Amendment) Act 1999

i Coroners (Amendment) Act 1999 Act No. 7/1999 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Application 3 6. Jurisdiction of coroners to investigate a death 4 7. Jurisdiction of coroner to hold inquest into a death 4 8. Repeal of jury provisions 5 9. Application for inquest 5 10. Findings and comments of coroner 6 11. Reports 6 12. New sections 49 and 50 inserted 6 49. Power of coroner to award costs 6 50. Enforcement of awards of costs 7 13. Rights of interested persons—Consequential amendment 7 14. New sections 59A and 59B inserted 8 59A. Re-opening by State Coroner of inquests in certain circumstances 8 59B. Refusal of State Coroner to re-open inquest 8 15. Supreme Court—Limitation of jurisdiction 9 62A. Supreme Court—Limitation of jurisdiction 9 16. Objects and functions of the Institute 9 17. New section 75 inserted 10 75. Validation of past conduct of the Victorian Institute of Forensic Medicine 10 18. New Part 10 inserted 10 PART 10—TRANSITIONAL 10 76. Transitional provisions 10 ═══════════════ NOTES 12 -- 1 of 13 -- 1 Coroners (Amendment) Act 1999 † [Assented to 11 May 1999] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are— (a) to invest the State Coroner with the jurisdiction to re-open inquests in certain limited circumstances; and (b) to repeal the provisions in the Coroners Act 1985 relating to the holding of inquests with juries; and (c) to confer on coroners a power to award costs; and Victoria No. 7 of 1999 -- 2 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 2 (d) to amend the objects and functions of the Victorian Institute of Forensic Medicine. 2. Commencement (1) Sections 1 and 3 and this section come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 July 1999. 3. Principal Act In this Act, the Coroners Act 1985 is called the Principal Act. 4. Definitions In section 3 of the Principal Act— (a) insert the following definitions— ' "legal practitioner" has the same meaning as in the Legal Practice Act 1996, but does not include an incorporated practitioner; "public statutory authority" means any public body constituted or established for a public purpose by or under an Act; "tissue" has the same meaning as in the Human Tissue Act 1982;'. (b) in the definition of "person held in care", for paragraph (a) substitute— "(a) a person under the control, care or custody of the Secretary to the Department of Human Services; or (ab) a person in the custody, or deemed to be in the custody of— s. 2 No. 10257. Reprint No. 3 as at 1 October 1998. -- 3 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 3 (i) the Secretary to the Department of Justice; or (ii) the Chief Commissioner of Police; or (iii) a member of the police force; or (iv) a protective services officer appointed under the Police Regulation Act 1958; or (v) the chief executive responsible for an institution within the meaning of section 56(1) of the Corrections Act 1986; or"; (c) in the definition of "reportable death", after paragraph (i) insert— "(ia) of a person under the control or care of the Secretary to the Department of Justice or a member of the police force; or (ib) of a person in respect of whom a court has made a non-custodial supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or". 5. Application At the end of section 5 of the Principal Act insert— "(2) Despite sub-section (1), if an inquest has been held or completed by a coroner under the Coroners Act 1958, an application cannot be made under section 10 of that Act for an order quashing the inquisition on that inquest but a person may apply under section 59 of this Act for an order that some or all of the findings of the inquest are void. s. 5 -- 4 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 4 (3) Despite sub-section (1), the Supreme Court has jurisdiction under section 59 of this Act in respect of an inquest— (a) concerning the manner of the death of any person; or (b) into the cause and origin of any fire— held under the Coroners Act 1958 and, if the Supreme Court makes an order under section 59(2) of this Act, this Act applies to— (c) a new inquest; or (d) the re-opened inquest— into the death or fire.". 6. Jurisdiction of coroners to investigate a death In section 15 of the Principal Act, for sub-section (3) substitute— "(3) Unless the Attorney-General directs otherwise, a coroner need not investigate a death if— (a) an investigation or inquest into the death is held in another State or in a Territory; or (b) the death occurred outside Australia.". 7. Jurisdiction of coroner to hold inquest into a death (1) In section 17(1) of the Principal Act omit "or that the deceased ordinarily resided in Victoria at the time of death". (2) After section 17(2) of the Principal Act insert— "(2A) The Attorney-General may direct the State Coroner to hold, or to direct a coroner to hold, an inquest into a death that occurs outside Victoria where the deceased s. 6 -- 5 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 5 ordinarily resided in Victoria at the time of death.". 8. Repeal of jury provisions (1) In section 17 of the Principal Act— (a) in sub-section (3) omit "and may, if a jury has been summoned, discharge the jury"; and (b) in sub-section (4), for ", to recommence an inquest which has been adjourned or to discharge a jury" substitute "or to recommence an inquest which has been adjourned". (2) In section 22 of Principal Act omit "or, if an inquest is held with a jury, by the jury which are needed to register the death". (3) Sections 49 to 56 of the Principal Act are repealed. 9. Application for inquest (1) In section 18(1)(b) of the Principal Act, for "seven days" substitute "a reasonable time". (2) In section 18 of the Principal Act, for sub-section (2) substitute— "(2) If, after the expiry of 3 months from the date a person requests a coroner to hold an inquest into a death, the coroner has not— (a) agreed to hold the inquest or asked another coroner to do so; or (b) refused the request and given his or her reasons in writing to the person and the State Coroner— the person may apply to the Supreme Court for an order that an inquest be held.". s. 8 -- 6 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 6 (3) In section 35(1)(b) of the Principal Act, for "seven days" substitute "a reasonable time". (4) In section 35 of the Principal Act, for sub-section (2) substitute— "(2) If, after the expiry of 3 months from the date a person requests a coroner to hold an inquest into a fire, the coroner has not— (a) agreed to hold the inquest or asked another coroner to do so; or (b) refused the request and given his or her reasons in writing to the person and the State Coroner— the person may apply to the Supreme Court for an order that an inquest be held.". 10. Findings and comments of coroner In section 19(1) of the Principal Act— (a) in paragraph (d), for "1996; and" substitute "1996."; (b) paragraph (e) is repealed. 11. Reports In sections 21(2) and 38(2) of the Principal Act, for "the Attorney-General" substitute "any Minister or public statutory authority". 12. New sections 49 and 50 inserted After section 48 of the Principal Act insert— "49. Power of coroner to award costs (1) Subject to sub-section (2), every person appearing before an inquest who is represented by a legal practitioner 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, or a legal practitioner s. 10 -- 7 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 7 representing a person, at an inquest has unreasonably delayed the inquest, the coroner may order that the person, or the legal practitioner, pay all, or a specified part, of the costs of any other person appearing at the inquest. (3) This section applies only to an inquest commenced after the commencement of section 12 of the Coroners (Amendment) Act 1999. 50. Enforcement of awards of costs (1) All costs awarded to a person under section 49 are a debt due to that person and recoverable in a court of competent jurisdiction. (2) If a coroner makes an order as to costs, the person to whom payment is to be made under the order may enforce the order by filing free of charge in the Magistrates' Court, the County Court or the Supreme Court (as the case may be)— (a) a copy of the order certified by a coroner's clerk to be a true copy; and (b) that person's affidavit as to the amount remaining unpaid under the order. (3) On the filing of the documents referred to in sub-section (2), judgment is deemed to have been entered in the Magistrates' Court, the County Court or the Supreme Court (as the case may be) for the sum mentioned in the affidavit as being unpaid and may be enforced accordingly.". 13. Rights of interested persons—Consequential amendment s. 13 -- 8 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 8 In section 45 of the Principal Act, for "barrister and solicitor" (wherever occurring) substitute "legal practitioner". 14. New sections 59A and 59B inserted After section 59 of the Principal Act insert— "59A. Re-opening by State Coroner of inquests in certain circumstances (1) A person may apply to the State Coroner for an order that some or all of the findings of an inquest are void. (2) The State Coroner may, by order, declare that some or all of the findings of the inquest are void and may re-open, or direct another coroner to re-open, the inquest and re-examine any finding. (3) The State Coroner may only make an order under sub-section (2) if he or she is satisfied that— (a) there is a mistake in the record of the findings; or (b) it is desirable because of new facts or evidence. (4) The State Coroner does not have jurisdiction under this section if, on an application based on the same, or substantially the same, grounds or evidence, the Supreme Court has refused to make an order under section 59. (5) This section applies only to inquests concluded after the commencement of section 14 of the Coroners (Amendment) Act 1999. 59B. Refusal of State Coroner to re-open inquest -- 9 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 9 (1) If the State Coroner refuses to make an order under section 59A(2), a person may apply to the Supreme Court for an order under section 59. (2) On an application to the Supreme Court in circumstances referred to in sub-section (1), a person may adduce any evidence, or raise any grounds, whether or not they have been adduced or raised before the State Coroner on an application under section 59A in respect of the inquest.". 15. Supreme Court—Limitation of jurisdiction After section 62 of the Principal Act insert— "62A. Supreme Court—Limitation of jurisdiction It is the intention of section 5 to alter or vary section 85 of the Constitution Act 1975.". 16. Objects and functions of the Institute (1) In section 64(2) of the Principal Act, after paragraph (h) insert— "(i) to provide for the storage of tissue, taken in accordance with the Human Tissue Act 1982 from deceased persons coming under the jurisdiction of coroners in Victoria, for use for therapeutic purposes.". (2) In section 66(1) of the Principal Act— (a) in paragraph (b), for "organs, tissues" substitute "tissue"; (b) after paragraph (f) insert— "(g) to provide facilities for the storage of tissue taken in accordance with the Human Tissue Act 1982 from deceased persons coming under the s. 15 -- 10 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 10 jurisdiction of coroners in Victoria, for use for therapeutic purposes.". 17. New section 75 inserted In Part 9 of the Principal Act, after section 74 insert— "75. Validation of past conduct of the Victorian Institute of Forensic Medicine Anything done or purported to be done under this Act by the Institute before the commencement of section 17 of the Coroners (Amendment) Act 1999, that would have been validly done had section 16 of the Coroners (Amendment) Act 1999 been in operation at the time at which the thing was done or purported to have been done has, and is deemed always to have had, the same force and effect as it would have had if that section had been in operation at the time at which the thing was done or purported to have been done.". 18. New Part 10 inserted After Part 9 of the Principal Act insert— "PART 10—TRANSITIONAL 76. Transitional provisions (1) Section 17, as amended by section 7 of the Coroners (Amendment) Act 1999, applies only to deaths that occur after the commencement of section 7 of that Act. (2) Section 18, as amended by section 9 of the Coroners (Amendment) Act 1999, applies only to deaths that occur after the commencement of section 9 of that Act. s. 17 -- 11 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 11 (3) Section 19, as amended by section 10 of the Coroners (Amendment) Act 1999, applies only to investigations into deaths commenced after the commencement of section 10 of that Act. (4) Section 35, as amended by section 9 of the Coroners (Amendment) Act 1999, applies only to fires that occur after the commencement of section 9 of that Act.". ═══════════════ s. 18 -- 12 of 13 -- Act No. 7/1999 Coroners (Amendment) Act 1999 12 NOTES † Minister's second reading speech— Legislative Assembly: 25 March 1999 Legislative Council: 20 April 1999 The long title for the Bill for this Act was "to amend the Coroners Act 1985 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 25 March 1999 Legislative Council: 20 April 1999 Absolute majorities: Legislative Assembly: 15 April 1999 Legislative Council: 5 May 1999 Notes -- 13 of 13 --