CORONERS ACT 2008

Victorian Consolidated Legislation

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CORONERS ACT 2008

No. 77 of 2008
Version incorporating amendments as at 21 July 2011

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Reportable death
5. Reviewable death

PART 2-OBJECTIVES

6. Role of objectives
7. Avoiding unnecessary duplication
8. Factors to consider for the purposes of this Act
9. Fairness and efficiency of coronial system

PART 3-REPORTING OF DEATHS

10. Obligation of registered medical practitioner to report death
11. Obligation to report death of a person placed in custody or care
12. General obligation to report death
13. Obligation to report reviewable death

PART 4-INVESTIGATION OF DEATHS AND FIRES

Division 1-Investigation of deaths

14. Deaths a coroner may investigate
15. Deaths a coroner must investigate
16. Determination by coroner that reported death not a reportable death
17. Certain reportable deaths do not require investigation
18. Reviewable deaths may be referred to the Institute
19. State Coroner may investigate a reviewable death
20. Determination by State Coroner that death not a reviewable
death
21. Providing relevant persons with coronial process information
22. Control of the body
23. Preliminary examinations
24. Identification directions
25. Autopsies
26. Objections to autopsy
27. Request for autopsy
28. The removal of tissue and preserving material
29. Provision of relevant information by principal registrar

Division 2-Investigation of fires

30. Fire authority request for fire investigation
31. Application for investigation into a fire

Division 3-Assistance to coroner in investigation

32. Person who made report of death to assist
33. Registered medical practitioner to assist
34. Person who asks for investigation of fire to assist
35. Fire authority to assist
36. Assistance from police

Division 4-Powers relating to investigation

37. Restriction of access to place where death occurred or caused
or may occur
38. Restriction of access to fire area
39. Powers of entry, search, inspection and possession
40. Power to direct person to produce documents, operate
equipment on entry
41. Other powers on entry to premises
42. Documents and prepared statements requested by coroner

Division 5-Exhumation

43. Application for exhumation
44. Power to authorise exhumation
45. Notice of intention to authorise exhumation
46. Authorisation of exhumation

Division 6-General

47. Release of body
48. Application to coroner for release of body
49. Notices and provision of information by principal registrar
50. Protection against self-incrimination
51. Aid to coroners in other places

PART 5-INQUESTS INTO DEATHS AND FIRES

Division 1-Types of inquests

52. Inquest into a death
53. Inquest into a fire
54. Inquest into multiple deaths and fires

Division 2-Powers of coroners at inquests

55. Coroners' powers at inquests
56. Interested party
57. Privilege in respect of self-incrimination in other proceedings
58. Legal professional privilege
59. Issue of warrant to arrest
60. Coroner may be assisted

Division 3-Process at inquest

61. Advertisement of an inquest
62. Coroner not bound by rules of evidence
63. Record of evidence
64. Witnesses to be called and relevant issues
65. Inquest to be conducted with little formality
66. Rights of interested parties

PART 6-FINDINGS, RECOMMENDATIONS AND
REFERRALS

67. Findings of coroner investigating a death
68. Findings of coroner investigating a fire
69. Findings not to contain statement regarding guilt
70. Apology or reduction or waiver of fees
71. Findings not required if inquest not held or discontinued
72. Reports and recommendations
73. Publication of findings and reports
74. Power of coroner to award costs
74A. Power of coroner to pay witness allowances and expenses
75. Legal protection of Australian lawyers, witnesses and
interested parties
76. Correction of errors
77. Re-opening an investigation

PART 7-APPEALS TO SUPREME COURT

78. Appeal in relation to determination that death not a reportable death
79. Appeals in relation to autopsy
80. Appeal in relation to determination of coroner not to investigate
a fire
81. Appeal in relation to exhumation
82. Appeal in relation to determination not to hold an inquest
83. Appeal against findings of coroner
84. Appeal against refusal by coroner to re-open investigation
85. Appeal against order to release body
86. Supreme Court may grant an extension of time
87. Appeal to Supreme Court is on a question of law
88. Determinations of Supreme Court

PART 8-THE CORONERS COURT

Division 1-Establishment of Coroners Court of Victoria

89. The Coroners Court
90. Where and when Coroners Court to be held
91. State Coroner
92. Deputy State Coroner
93. Assignment of magistrates and acting magistrates to be
coroners
94. Acting coroners
95. Oath of office
96. Assignment of duties
97. Registrars of the Coroners Court and the chief executive
officer
98. Functions of registrars
99. Delegation from the State Coroner to a registrar
100. Delegation from State Coroner to a coroner
101. Protection of coroners and registrars
102. Annual report

Division 1A-Judicial registrars

102A. Assignment of duties
102B. Guidelines relating to the appointment of judicial registrars
102C. Recommendations for appointment of judicial registrars
102D. Appointment by Governor in Council
102E. Remuneration and terms and conditions of appointment
102F. Resignation from office
102G. Suspension from office
102H. Investigation of judicial registrar and report
102I. Removal of judicial registrar from office
102J. Performance of duties by judicial registrar
102K. Review of decisions of judicial registrar

Division 2-Contempt of Court

103. Contempt
104. Appeal from finding of contempt

Division 3-Rules of Court and practice notes

105. Rules of the Coroners Court
106. Disallowance
107. Practice notes

Division 4-Miscellaneous

108. Professional development and training

PART 9-CORONIAL COUNCIL OF VICTORIA

109. Coronial Council of Victoria
110. Function of the Council
111. Members of the Council
112. Procedure at meetings
113. Annual report

PART 10-GENERAL

114. Return and possession of things
115. Access to documents
116. Registers to be kept by principal registrar
117. Regulations
118. Fees
119. Transitional and saving provisions

PART 11-Repealed
Divisions 1, 2-Repealed

120-130 Repealed
__________________
SCHEDULE 1-Saving and Transitional Provisions
1. Definitions
2. General transitional provisions
3. Superseded reference
4. Re-enacted provisions
5. Preliminary examinations
6. Directions made under old Act
7. Inquest commenced under old Act
8. Applications commenced under old Act
9. Documents
10. Release of documents on coroner's existing file to be subject
to new Act
11. Release of body
12. Objections to autopsy
13. Exhumations
14. Return and possession of things
15. State Coroner and Deputy State Coroner
16. Coroners
17. Depositions
18. Consultative Council on Obstetric and Paediatric Mortality
and Morbidity
19. Regulations dealing with transitional matters
20. Transitional provisions-Statute Law Amendment (Evidence Consequential Provisions) Act 2009.
SCHEDULE 2-Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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