CORONERS COURT RULES 2009 S.R. No. 131/2009 Version incorporating amendments as at 31 October 2011 $$A $$T CORONERS COURT RULES 2009 - TABLE OF PROVISIONS $$T $$NTABLE Rule Page ORDER 1-PRELIMINARY PART 1-GENERAL 1. Object and title 2. Authorising provision 3. Commencement PART 2-INTERPRETATION 4. Definitions PART 3-MISCELLANEOUS 5. Act by corporation 6. Seal of the Coroners Court 7. Effect of non-compliance 8. Dispensing with compliance ORDER 2-TIME, COURT OFFICE AND DOCUMENTS 9. Calculating time 10. Extension and abridgement 11. Fixing time 12. Time for service 13. Filing of documents 14. Inappropriate documents ORDER 3-SERVICE 15. When personal service necessary 15A. Summons must be served personally 16. How personal service is effected 17. Service on particular persons 18. How ordinary service effected 19. Substituted service 20. Service of document by the Coroners Court 21. Affidavit of service ORDER 4-REPORTING OF DEATHS 22. Obligation to report deaths 23. Obligation of registered medical practitioner to report death ORDER 5-INVESTIGATION OF DEATHS AND FIRES PART 1-INVESTIGATION OF DEATHS 24. Determination by coroner that reported death not a reportable death 25. Certain reportable deaths do not require investigation 26. Reviewable deaths may be referred to the Institute 27. State Coroner may investigate a reviewable death without referring the reviewable death to the Institute 28. Determination by State Coroner that death not a reviewable |death 29. Providing relevant persons with coronial process information 30. Preliminary examinations 31. Identification direction 32. Identification procedure 33. Direction for autopsy 34. Autopsy report 35. Objections to autopsy 36. Request for an autopsy 37. Removal of tissue and preserving material 38. Senior next of kin to be advised of removal of tissue direction PART 2-INVESTIGATION OF FIRES 39. Requests for an investigation into a fire PART 3-ASSISTANCE TO CORONER IN INVESTIGATIONS 40. Person who made report of death to assist 41. Registered medical practitioner to assist 42. Person who asks for investigation of fire to assist PART 4-POWERS RELATING TO INVESTIGATION 43. Authorising entry, search, inspection and possession 44. Application for exhumation 45. Suggestions regarding a proposed exhumation 46. Authorisation of exhumation PART 5-GENERAL 47. Release of body 48. Application to coroner for release of body ORDER 6-INQUESTS INTO DEATHS AND FIRES 49. Requests for an inquest 50. Decision regarding whether inquest to be held 51. Publication of the details of an inquest 52. Exclusion from an inquest 53. Interested party 54. Privilege in respect of self-incrimination 55. Warrants for arrest ORDER 7-SEIZURE 56. Storage of seized things 57. Access to seized things 58. Seized thing no longer required to be held 59. Release of seized things ORDER 8-FINDINGS, RECOMMENDATIONS AND REFERRALS 60. Findings of coroner investigating a death 61. Findings of coroner investigating a fire 62. Findings not required if inquest not held or discontinued 62A. Suppression of findings by coroner 63. Reports and recommendations 64. Publication of findings and reports 64A. Publication of determination, ruling or order 65. Reopening of an investigation ORDER 9-REGISTRARS 66. Functions of registrars ORDER 9A-ALLOWANCES AND REIMBURSEMENT OF EXPENSES 66A. Attendance expenses for expert witnesses 66B. Allowances and expenses of witnesses other than expert witnesses 66C. Meals 66D. Accommodation 66E. Travelling 66F. Evidence of expenses etc. to be produced ORDER 10-ACCESS TO DOCUMENTS 67. Access to documents __________________ FORMS Form 1-Affidavit of Service Form 2-Determination by Coroner that Reported Death is not a Reportable Death Form 2A-Determination to Discontinue the Investigation Form 3-Determination that Reportable Death does not require Further Investigation Form 4-Direction to Refer Reviewable Death to the Victorian Institute of Forensic Medicine Form 5-Advice of Non-Referral of Reviewable Death to the Victorian Institute of Forensic Medicine Form 6-Determination by Coroner that Reported Death is not a Reviewable Death Form 7-Identification Direction Form 8-Determination by Coroner of Identity of Deceased Form 9-Direction Regarding Autopsy Form 10-Determination by Coroner Following a Request for Autopsy Direction to be Reconsidered Form 11-Decision by Coroner in Relation to Request For Autopsy Form 12-Advice to Coroner Regarding Preservation of Tissue or Material Form 13-Direction to Preserve Tissue or Material Form 14-Request for Release of Preserved Tissue or Material Form 15-Order to Release Preserved Tissue or Material Form 16-Request to Investigate a Fire Form 17-Determination Following a Request to Investigate a Fire Form 18-Authorisation by Coroner to a Member of the Police Force Form 19-Result of Search Form 20-Application for Exhumation Form 21-Determination to Refuse an Application for Exhumation Form 22-Notice of Intention to Authorise Exhumation Form 23-Authorisation of Exhumation Form 24-Order for Release of Body Form 25-Application for the Release of Body Form 26-Request for Inquest into Death Form 27-Request for Inquest into Fire Form 28-Decision by Coroner Whether or not to Hold an Inquest into Death Form 29-Decision by Coroner Whether or not to Hold an Inquest into Fire Form 30-Order Excluding a Person or Class of Person From an Inquest Form 31-Application for Leave to Appear as an Interested Party Form 32-Privilege in Respect of Self Incrimination in other Proceedings Form 33-Warrant to Arrest Form 34-Application to Access or Have Released Seized or Received Thing Form 35-Order by Coroner to Access Seized or Received Thing Form 36-Order by Coroner to Release or Destroy Seized or Received Thing Form 37-Finding into Death With Inquest Form 38-Finding into Death Without Inquest Form 39-Finding into Fire With Inquest Form 40-Finding into Fire Without Inquest Form 41-Determination that Inquest will not be Held or will be Discontinued Form 42-Suppression Order Form 43-Application to Set Aside Finding Form 44-Determination Following Application to Set Aside Finding Form 45-Application for Access to Coronial Documents/Inquest Transcript ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details $$NPART ORDER 1 $$NDIVISION PRELIMINARY $$NDIVISION PART 1-GENERAL $$A $$T CORONERS COURT RULES 2009 - SECT 1 Object and title $$T $$NSECT
	1.	Object and title

     
		(1)	The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria.

		(2)	These Rules may be cited as the Coroners Court Rules 2009.

$$A $$T CORONERS COURT RULES 2009 - SECT 2 Authorising provision $$T $$NSECT
	2.	Authorising provision

     These Rules are made under section 105 of the Coroners Act 2008 and all other enabling powers.

$$A $$T CORONERS COURT RULES 2009 - SECT 3 Commencement $$T $$NSECT
	3.	Commencement

     These Rules come into operation on 1 November 2009.





$$NDIVISION
PART 2-INTERPRETATION

$$A $$T CORONERS COURT RULES 2009 - SECT 4 Definitions $$T $$NSECT
	4.	Definitions

     
		(1)	In these Rules, unless the context or subject matter otherwise requires-

corporation means any body corporate, whether formed within or out of Victoria;
the Act means the Coroners Act 2008.

		(2)	Whereby these Rules a form is prescribed for use, that form must be used with any necessary variation or modification.

$$NDIVISION
PART 3-MISCELLANEOUS

$$A $$T CORONERS COURT RULES 2009 - SECT 5 Act by corporation $$T $$NSECT
	5.	Act by corporation

     If the Coroners Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.

$$A $$T CORONERS COURT RULES 2009 - SECT 6 Seal of the Coroners Court $$T $$NSECT
	6.	Seal of the Coroners Court

     
		(1)	Marking a document or a copy of a document with the seal of the Coroners Court is sufficient compliance with any requirements of these Rules or an order of the Coroners Court that the document or copy be sealed.

		(2)	Any order or finding made by a coroner must bear the seal of the Coroners Court.


$$A $$T CORONERS COURT RULES 2009 - SECT 7 Effect of non-compliance $$T $$NSECT
	7.	Effect of non-compliance

     	A failure to comply with these Rules 		is an irregularity and does not render a nullity-

			(a)	an inquest; or

			(b)	a step taken in an inquest; or

			(c)	any document; or

			(d)	any order.

$$A $$T CORONERS COURT RULES 2009 - SECT 8 Dispensing with compliance $$T $$NSECT
	8.	Dispensing with compliance

     The Coroners Court may dispense with compliance with any of the requirements of these Rules-

			(a)	either before or after the occasion for compliance arises; and

			(b)	whether or not there has been a failure to comply.

__________________
$$NPART
ORDER 2

$$NDIVISION
TIME, COURT OFFICE AND DOCUMENTS

$$A $$T CORONERS COURT RULES 2009 - SECT 9 Calculating time $$T $$NSECT
	9.	Calculating time

     
		(1)	Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule.

		(2)	If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event is excluded.

		(3)	If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event is included.

		(4)	If a period of 5 days or less would include a day on which an office of the Coroners Court is closed, that day is excluded.

		(5)	If the last day for doing any act at an office of the Coroners Court is a day on which the office is closed, the act may be done on the next day the office is open.

$$A $$T CORONERS COURT RULES 2009 - SECT 10 Extension and abridgement $$T $$NSECT
	10.	Extension and abridgement

     The Coroners Court may extend or abridge any time-

			(a)	fixed by these Rules; or 

			(b)	by any order fixing, extending or abridging time.

$$A $$T CORONERS COURT RULES 2009 - SECT 11 Fixing time $$T $$NSECT
	11.	Fixing time

     If no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time.



$$A $$T CORONERS COURT RULES 2009 - SECT 12 Time for service $$T $$NSECT
	12.	Time for service

     In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, any document which is served after 4.00 p.m. or on any day on which the office of the Coroners Court is closed, is taken to have been served on the next day the office is open.

$$A $$T CORONERS COURT RULES 2009 - SECT 13 Filing of documents $$T $$NSECT
	13.	Filing of documents

     Except as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by its being lodged with a registrar in the office of the Coroners Court.

$$A $$T CORONERS COURT RULES 2009 - SECT 14 Inappropriate documents $$T $$NSECT
	14.	Inappropriate documents

     If a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order-

			(a)	that the offending matter be deleted; or

			(b)	that the document be taken off the file.

__________________
$$NPART
ORDER 3

$$NDIVISION
SERVICE

$$A $$T CORONERS COURT RULES 2009 - SECT 15 When personal service necessary $$T $$NSECT
	15.	When personal service necessary

     
		(1)	Any document required or permitted to be served may be served personally.

		(2)	Unless personal service is required by these Rules or by order, a document need not be served personally.

$$A $$T CORONERS COURT RULES 2009 - SECT 15A Summons must be served personally $$T $$NSECT
	15A.	Summons must be served personally

     Unless the Rules otherwise provide or the Coroners Court otherwise orders a summons must be served personally.

$$A $$T CORONERS COURT RULES 2009 - SECT 16 How personal service is effected $$T $$NSECT
	16.	How personal service is effected

     
		(1)	Personal service of a document is effected-

			(a)	by leaving a copy of the document-

	(i)	with the person to be served; or 
	(ii)	if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or

			(b)	by delivering a copy of the document to the place of residence of the person to be served-

	(i)	to a person apparently above the age of 16 years who resides at that place; or
	(ii)	if the place of residence is an hotel, a boarding house or similar establishment, to a person apparently above that age of 16 years who is apparently in charge of the establishment or engaged in the office of the establishment; or

			(c)	if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business.

		(2)	To effect personal service it is not necessary to produce the original document at the time of service.

$$A $$T CORONERS COURT RULES 2009 - SECT 17 Service on particular persons $$T $$NSECT
	17.	Service on particular persons

     Personal service of a document may be effected by serving the document in accordance with Rule 16, in the case of-

			(a)	a corporation- 

	(i)	on the mayor, chairman, president or other head officer of the corporation; or 
	(ii)	on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or 
	(iii)	if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision;

			(b)	a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom he or she resides or in whose care he or she is;

			(c)	the Crown in the right of the Commonwealth or the Commonwealth- 

	(i)	on the Secretary to the Attorney-General's Department; or 

	(ii)	any person authorised under section 55E(4) of the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor;

			(d)	the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor.

$$A $$T CORONERS COURT RULES 2009 - SECT 18 How ordinary service effected $$T $$NSECT
	18.	How ordinary service effected

     
		(1)	If personal service of a document is not required, the document may be served-

			(a)	by leaving the document at the address for service of the person to be served; or

			(b)	by posting the document to the person to be served at that person's address for service; or

			(c)	if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision.

		(2)	If a document 	is sent by post in accordance with subrule (1)(b), the day of service of the document is taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.

$$A $$T CORONERS COURT RULES 2009 - SECT 19 Substituted service $$T $$NSECT
	19.	Substituted service

     
		(1)	If for any reason it is impracticable to serve a document in the manner required by these Rules, the Coroners Court may order that such steps be taken as the Coroners Court specifies for the purposes of bringing the document to the notice of the person to be served.

		(2)	If the Coroners Court makes an order under subrule (1), the Coroners Court may order that the document be taken to have been served-

			(a)	on the happening of any specified event; or 

			(b)	on the expiry of any specified time.

		(3)	The Coroners Court may make an order under subrule (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the inquest commenced.

$$A $$T CORONERS COURT RULES 2009 - SECT 20 Service of document by the Coroners Court $$T $$NSECT
	20.	Service of document by the Coroners Court

     Unless the Rules otherwise provide or the Coroners Court otherwise orders, where under these Rules or under an order of the Coroners Court a document is to be given to, or served on, any person by the Coroners Court, the document shall be sufficiently served by ordinary post.

$$A $$T CORONERS COURT RULES 2009 - SECT 21 Affidavit of service $$T $$NSECT
	21.	Affidavit of service

     
		(1)	An affidavit of service of any document must-

			(a)	be in Form 1; and

			(b)	state by whom the document was served; and 

			(c)	state the time and date on which it was served; and 

			(d)	state the place at which it was served; and

			(e)	state the mode of service.

		(2)	A document purporting to be an affidavit of service is taken to be evidence of the proper service of a document unless the contrary is proved.

		(3)	An affidavit of service must be filed in the Coroners Court as soon as practicable after service of a summons or any other document.

__________________
$$NPART
ORDER 4

$$NDIVISION
REPORTING OF DEATHS

$$A $$T CORONERS COURT RULES 2009 - SECT 22 Obligation to report deaths $$T $$NSECT
	22.	Obligation to report deaths

     
		(1)	A person who is required under Part 3 of the Act-

			(a)	to report a reportable death to a coroner; or

			(b)	to report a reviewable death to the State Coroner-

must make the report in accordance with this Rule.

		(2)	A person required to make a report referred to in subrule (1)-

			(a)	must make the report by telephone or in writing;

			(b)	must provide the coroner or State Coroner (as required) with as much information relating to the death as practicable including-

	(i)	the name and address of the deceased;
	(ii)	the age and date of birth of the deceased;
	(iii)	the sex of the deceased;
	(iv)	whether the deceased had a treating medical practitioner or dental practitioner and the details of that practitioner;
	(v)	the marital status of the deceased;
	(vi)	the senior next of kin of the deceased;


	(vii)	the location of the deceased;
	(viii)	the date and time of death or an estimate of the date and time of death;
	(ix)	the name of the person reporting the death;
	(x)	if the person referred to in subparagraph (ix) is a responsible person within the meaning of section 11 of the Act, the contact details of the person and the details of the person's role as a responsible person in relation to the deceased;
	(xi)	whether or not the deceased was of Aboriginal or Torres Strait Islander origin.

$$A $$T CORONERS COURT RULES 2009 - SECT 23 Obligation of registered medical practitioner to report death $$T $$NSECT
	23.	Obligation of registered medical practitioner to report death

     
		(1)	A report made by a medical practitioner under section 10 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the coroner, as soon as practicable after making the report to the coroner.

		(2)	A report made by a medical practitioner under section 13 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the State Coroner, as soon as practicable after making the report to the State Coroner.




		(3)	A medical deposition of a medical practitioner under subrule (1) or (2) may be given to the State Coroner or coroner (as required) by electronic communication.

Note
Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.
__________________
$$NPART
ORDER 5

$$NDIVISION
INVESTIGATION OF DEATHS AND FIRES

$$NDIVISION
PART 1-INVESTIGATION OF DEATHS

$$A $$T CORONERS COURT RULES 2009 - SECT 24 Determination by coroner that reported death not a reportable death $$T $$NSECT
	24.	Determination by coroner that reported death not a reportable death

     
		(1)	A determination made by a coroner under section 16(1) of the Act must be in Form 2.

		(2)	A determination made by a coroner under section 16(5) of the Act must be in Form 2A.


$$A $$T CORONERS COURT RULES 2009 - SECT 25 Certain reportable deaths do not require investigation $$T $$NSECT
	25.	Certain reportable deaths do not require investigation

     A determination by a coroner under section 17 of the Act to discontinue an investigation into a death must be in Form 3. 

$$A $$T CORONERS COURT RULES 2009 - SECT 26 Reviewable deaths may be referred to the Institute $$T $$NSECT
	26.	Reviewable deaths may be referred to the Institute

     
		(1)	For the purposes of section 18(1), the State Coroner may direct that a reviewable death be referred to the Institute.

		(2)	A direction under subrule (1) must be in Form 4.

		(3)	A copy of a direction made under this rule must be given to the Institute by the principal registrar.

$$A $$T CORONERS COURT RULES 2009 - SECT 27 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute $$T $$NSECT
	27.	State Coroner may investigate a reviewable death without referring the reviewable death to the Institute

     If the State Coroner is required under section 19(2) of the Act to advise the Institute that he or she has decided to not refer a reviewable death to the Institute, the advice must be in Form 5.

$$A $$T CORONERS COURT RULES 2009 - SECT 28 Determination by State Coroner that death not a reviewable death $$T $$NSECT
	28.	Determination by State Coroner that death not a reviewable death

     If, under section 20 of the Act, the State Coroner determines that a death is not a reviewable death, the State Coroner's written notice of that determination must be in Form 6.

$$A $$T CORONERS COURT RULES 2009 - SECT 29 Providing relevant persons with coronial process information $$T $$NSECT
	29.	Providing relevant persons with coronial process information

     
		(1)		The information required to be provided by section 21(a) of the Act to the senior next of kin must be provided-

			(a)	by electronic communication; or

			(b)	to a postal address nominated by that person.

		(2)	The information required to be provided by section 21(b) of the Act to a person who the principal registrar considers to have a sufficient interest in the investigation of a death following the advice received from that person of that interest must, if possible, be provided to the person by electronic communication or otherwise to a postal address nominated by the person.

Note
Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.

$$A $$T CORONERS COURT RULES 2009 - SECT 30 Preliminary examinations $$T $$NSECT
	30.	Preliminary examinations

     
		(1)	If, under section 23(2) of the Act, a body has been provided to a medical investigator by a coroner to enable a preliminary examination to be performed on the body, the medical investigator must 	provide a report to a coroner on the preliminary examination in accordance with this rule.



		(2)	A report on a preliminary examination must-

			(a)	be in writing; and

			(b)	contain a summary of-

	(i)	any procedures undertaken;
	(ii)	any specimens taken;
	(iii)	any testing performed or ordered;
	(iv)	a reasonable medical cause of death (if available);
	(v)	any materials considered (including the medical and circumstantial history); and

			(c)	be provided to the coroner as soon as practicable after the preliminary investigation has been performed; and

			(d)	specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the preliminary examination and a summary of that consultation or information.

		(3)	Unless a coroner otherwise orders, a report on a preliminary examination is confidential and must only be provided to the Coroners Court.


$$A $$T CORONERS COURT RULES 2009 - SECT 31 Identification direction $$T $$NSECT
	31.	Identification direction

     A direction made by a coroner under section 24 of the Act must be in Form 7.

$$A $$T CORONERS COURT RULES 2009 - SECT 32 Identification procedure $$T $$NSECT
	32.	Identification procedure

     
		(1)	If a medical investigator has been directed by a coroner to perform an identification procedure on a body under section 24, the medical investigator must provide a report to the coroner on the identification procedure in accordance with this rule.

		(2)	A report on an identification procedure must-

			(a)	be in writing; and

			(b)	be provided to the coroner as soon as practicable after the identification procedure has been performed;

			(c)	state the identity of the deceased if the identity can be ascertained;

			(d)	specify what procedure has been performed on the body;

			(e)	specify whether any person external or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the identification procedure and a summary of that consultation or information.

		(3)	Unless a coroner otherwise orders, a report on an identification procedure is confidential and must only be provided to the Coroners Court.

		(4)	After a report on an identification procedure has been provided to a coroner, the coroner must make a determination about the identity of the deceased.

		(5)	A determination made under subrule (4) must be made in Form 8.

$$A $$T CORONERS COURT RULES 2009 - SECT 33 Direction for autopsy $$T $$NSECT
	33.	Direction for autopsy

     
		(1)	A direction for an autopsy made by a coroner under section 25 of the Act must be in Form 9.

		(2)	Notification of the direction for an autopsy must be provided to a medical investigator, in electronic form, as soon as practicable.


$$A $$T CORONERS COURT RULES 2009 - SECT 34 Autopsy report $$T $$NSECT
	34.	Autopsy report

     
		(1)	If a medical investigator has been directed by a coroner to perform an autopsy on a body, the medical investigator must provide a report to the coroner in accordance with this rule.

		(2)	A report on an autopsy must-

			(a)	be typed; and

			(b)	be provided to the registrar as soon as practicable after the autopsy has been performed; and

			(c)	state the identity of the deceased if the identity can be ascertained; and

			(d)	specify what procedures have been performed on the body; and

			(e)	specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the autopsy and a summary of that consultation or information.

		(3)	Unless a coroner otherwise orders, a report on an autopsy is confidential and must only be provided to the Coroners Court.

$$A $$T CORONERS COURT RULES 2009 - SECT 35 Objections to autopsy $$T $$NSECT
	35.	Objections to autopsy

     
		(1)	A request made by the senior next of kin of a deceased person under section 26(2) of the Act-

			(a)	may be communicated to the Coroners Court by telephone; and

			(b)	must be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.



		(2)	The written confirmation of the senior next of kin under subrule (1)(b) must-

			(a)	specify the reasons for making the request under section 26(2) of the Act; and

			(b)	be signed by the person making the request.

		(3)	After considering a request made under section 26(2) of the Act, the coroner must make a determination affirming, revoking or amending the direction for an autopsy made under section 25 of the Act.

		(4)	A determination to affirm, revoke or amend a direction for an autopsy must be in Form 10.

$$A $$T CORONERS COURT RULES 2009 - SECT 36 Request for an autopsy $$T $$NSECT
	36.	Request for an autopsy

     
		(1)	A request under section 27(1) of the Act for a direction by the coroner that an autopsy be performed must-

			(a)	be communicated by telephone to the Coroners Court after the deceased person has been admitted to the Coroners Court; and

			(b)	be confirmed in writing after the telephone communication is made to the Coroners Court.

		(2)	A written confirmation under subrule (1)(b) must-

			(a)	specify the reasons for making the request; and

			(b)	be signed by the person making the request.

		(3)	A coroner must give notice of his or her decision to grant or refuse a request made under section 27(1) of the Act.



		(4)	A notice referred to in subrule (3) must- 

			(a)	be in Form 11; and

			(b)	in accordance with section 27(2) of the Act, specify the coroner's reasons if the coroner has refused the person's request.

		(5)	Unless the coroner otherwise orders, if the person making a request under section 27(1) of the Act is not the senior next of kin, a registrar must notify the senior next of kin of the request and the decision of the coroner in respect of that request.

$$A $$T CORONERS COURT RULES 2009 - SECT 37 Removal of tissue and preserving material $$T $$NSECT
	37.	Removal of tissue and preserving material

     
		(1)	This rule applies to tissue that is-

			(a)	a visibly recognisable, functional unit of the body such as the liver, heart or brain;

			(b)	a whole or substantial part of a visibly recognisable, functional unit of the body or other body parts;

			(c)	a whole or substantial part of a foetus regardless of the gestation period.

		(2)	For the purposes of section 28 of the Act, a medical investigator must advise the coroner if the removal and preservation of tissue or other material is necessary because it appears to bear on the cause or circumstances of the death or the identity of the deceased person.

		(3)	The advice provided to a coroner under subrule (2) by a medical investigator must be in Form 12.

		(4)	A direction to a medical investigator made by a coroner under section 28(2), after the coroner has received advice from a medical investigator in accordance with this rule-

			(a)	is to be in Form 13;

			(b)	must specify how long any tissue or other material may be preserved for;

			(c)	may specify different lengths of time depending on the tissue or material and the reasons for its removal.

$$A $$T CORONERS COURT RULES 2009 - SECT 38 Senior next of kin to be advised of removal of tissue direction $$T $$NSECT
	38.	Senior next of kin to be advised of removal of tissue direction

     
		(1)	If a coroner makes a direction to a medical investigator under section 28(2) of the Act, the medical investigator or a registrar must, by notice, advise the senior next of kin of the direction.

		(2)	A notice under subrule (1) must specify-

			(a)	the tissue or other material that is going to be preserved;

			(b)		the duration for which the tissue or other material is required to be preserved;

			(c)	that if the tissue or other material is not destroyed during the medical examination, the senior next of kin may have the option to deal with the tissue or other material after the expiry of the preservation period;

			(d)	that an option to deal with the tissue or other material after the expiry of the preservation period may be restricted because of public health and safety concerns or the interests of justice;

			(e)	that, if the senior next of kin decides to exercise the option to deal with the tissue or other material after the expiry of the preservation period-

	(i)	the senior next of kin may advise the medical investigator or registrar of that decision; and
	(ii)	the medical investigator or registrar must complete a request for release of tissue and preserved material form on behalf of the senior next of kin.

		(3)	A request for release of tissue and preserved material form must be in Form 14.

		(4)	If a coroner receives a request for release of tissue and preserved material form, the coroner may order the release of the preserved tissue or other material if-

			(a)	the tissue or other material has not been destroyed; and 

			(b)	there are no concerns regarding the release of the tissue or other material as specified in subrule (2)(d).

		(5)	An order under subrule (4) must be in Form 15.

$$NDIVISION
PART 2-INVESTIGATION OF FIRES

$$A $$T CORONERS COURT RULES 2009 - SECT 39 Requests for an investigation into a fire $$T $$NSECT
	39.	Requests for an investigation into a fire

     
		(1)	A request under section 30(1) or 31(1) of the Act for a coroner to investigate a fire must-

			(a)	be in Form 16; and

			(b)	specify the reason why the investigation of the fire is sought.

		(2)	A coroner's decision in respect of a request made under section 30(1) or 31(1) of the Act must be in Form 17.





$$NDIVISION
PART 3-ASSISTANCE TO CORONER IN INVESTIGATIONS

$$A $$T CORONERS COURT RULES 2009 - SECT 40 Person who made report of death to assist $$T $$NSECT
	40.	Person who made report of death to assist

     A person to whom section 32 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death-

			(a)	no later than 7 days after the coroner's request for information or assistance has been made of the person; and

			(b)	in the case of a request for information-provide the information to the coroner in writing or any other form specified by the coroner.

$$A $$T CORONERS COURT RULES 2009 - SECT 41 Registered medical practitioner to assist $$T $$NSECT
	41.	Registered medical practitioner to assist

     A registered medical practitioner to whom section 33 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death-

			(a)	no later than 7 days after the coroner's request for information or assistance has been made of the registered medical practitioner; and

			(b)	in the case of a request for information-provide the information to the coroner in writing or any other form specified by the coroner.

$$A $$T CORONERS COURT RULES 2009 - SECT 42 Person who asks for investigation of fire to assist $$T $$NSECT
	42.	Person who asks for investigation of fire to assist

     A person to whom section 34 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a fire-

			(a)	no later than 7 days after the coroner's request for information or assistance has been made of the person; and

			(b)	in the case of a request for information-provide the information to the coroner in writing or any other form specified by the coroner.

$$NDIVISION
PART 4-POWERS RELATING TO INVESTIGATION

$$A $$T CORONERS COURT RULES 2009 - SECT 43 Authorising entry, search, inspection and possession $$T $$NSECT
	43.	Authorising entry, search, inspection and possession

     
		(1)	An authorisation under section 39 of the Act must be in Form 18.

		(2)	After an authorisation under section 39 of the Act has been exercised, a result of search form must be completed by a member of the police force.

		(3)	A result of search form must be in Form 19.

$$A $$T CORONERS COURT RULES 2009 - SECT 44 Application for exhumation $$T $$NSECT
	44.	Application for exhumation

     
		(1)	For the purposes of section 43(2) of the Act, the form for an application for exhumation of a body is Form 20.

		(2)	A refusal of an application to authorise an exhumation of a body by the State Coroner must-

			(a)	specify the State Coroner's reasons for the refusal; and

			(b)	be in Form 21.

$$A $$T CORONERS COURT RULES 2009 - SECT 45 Suggestions regarding a proposed exhumation $$T $$NSECT
	45.	Suggestions regarding a proposed exhumation

     A suggestion by the senior next of kin under section 45(1)(a) of the Act as to how and whether a proposed exhumation should be conducted must be-

			(a)	in writing; and

			(b)	filed with a registrar within the time specified by the coroner.

$$A $$T CORONERS COURT RULES 2009 - SECT 46 Authorisation of exhumation $$T $$NSECT
	46.	Authorisation of exhumation

     
		(1)	A notice of the State Coroner's intention to authorise an exhumation under section 45(1) of the Act must be in Form 22.

		(2)	An authorisation made by the State Coroner under section 46 of the Act for the exhumation of a body must be in Form 23.

		(3)	Unless section 45(5) of the Act applies, a copy of the authorisation must be served on-

			(a)	the senior next of kin;

			(b)	if the body is in a public cemetery, the cemetery trust responsible for the public cemetery;

			(c)	if the body is in a place of interment that is not a public cemetery, the owner of the land where the place of interment is located.	

$$NDIVISION
PART 5-GENERAL

$$A $$T CORONERS COURT RULES 2009 - SECT 47 Release of body $$T $$NSECT
	47.	Release of body

     An order made by a coroner to release a body under section 47 of the Act must be in Form 24.

$$A $$T CORONERS COURT RULES 2009 - SECT 48 Application to coroner for release of body $$T $$NSECT
	48.	Application to coroner for release of body

     If 2 or more persons apply for release of a body under section 48(2) of the Act, each applicant must complete an application which is to be in Form 25.
__________________
$$NPART
ORDER 6

$$NDIVISION
INQUESTS INTO DEATHS AND FIRES

$$A $$T CORONERS COURT RULES 2009 - SECT 49 Requests for an inquest $$T $$NSECT
	49.	Requests for an inquest

     
		(1)	A request under section 52(5) of the Act for an inquest into a death that the coroner is investigating must-

			(a)	be in Form 26; and

			(b)	specify the reason why the inquest is sought.

		(2)	A request under section 53(2) of the Act for an inquest into a fire that the coroner is investigating must-

			(a)	be in Form 27; and

			(b)	specify the reason why the inquest is sought.

$$A $$T CORONERS COURT RULES 2009 - SECT 50 Decision regarding whether inquest to be held $$T $$NSECT
	50.	Decision regarding whether inquest to be held

     
		(1)	A decision by a coroner under section 52(6) of the Act as to whether or not an inquest into a death will be held must-

			(a)	be in Form 28; and

			(b)	specify the reasons for the decision.

		(2)	A decision by a coroner under section 53(3) of the Act as to whether or not an inquest into a fire will be held must-

			(a)	be in Form 29; and

			(b)	specify the reasons for the decision.

$$A $$T CORONERS COURT RULES 2009 - SECT 51 Publication of the details of an inquest $$T $$NSECT
	51.	Publication of the details of an inquest

     
		(1)	Unless a coroner otherwise directs, a registrar must, under section 61 of the Act, publish notice of the inquest at least 14 days before an inquest.



		(2)	Notice under subrule (1) must-

			(a)	be published in a daily newspaper circulating throughout the State or on the Internet; and

			(b)	contain the date, time, place and subject of the inquest.

$$A $$T CORONERS COURT RULES 2009 - SECT 52 Exclusion from an inquest $$T $$NSECT
	52.	Exclusion from an inquest

     
		(1)	An exclusion of a person or class of persons from an inquest under section 55(2)(d) of the Act must be in Form 30.

		(2)	A registrar must put a copy of Form 30 in a conspicuous place- 

			(a)	at the outside of the Court where the inquest is being held; or

			(b)	in the building where the Court in which the inquest is being held is located.

$$A $$T CORONERS COURT RULES 2009 - SECT 53 Interested party $$T $$NSECT
	53.	Interested party

     
		(1)	Under section 56 of the Act, a person may apply for leave as an interested party at an inquest.


		(2)	An application under subrule (1) must be in Form 31.

$$A $$T CORONERS COURT RULES 2009 - SECT 54 Privilege in respect of self-incrimination $$T $$NSECT
	54.	Privilege in respect of self-incrimination

     A certificate under sections 57(5) and 57(6) of the Act must be in Form 32.
Note
See section 53 of the Interpretation of Legislation Act 1984 for what is required for a form to be sufficiently compliant in law.

$$A $$T CORONERS COURT RULES 2009 - SECT 55 Warrants for arrest $$T $$NSECT
	55.	Warrants for arrest

     A warrant to arrest a person under section 59 of the Act must be in Form 33.
__________________
$$NPART
ORDER 7

$$NDIVISION
SEIZURE

$$A $$T CORONERS COURT RULES 2009 - SECT 56 Storage of seized things $$T $$NSECT
	56.	Storage of seized things

     
		(1)	Seized things are to be held at a location determined by the coroner or the State Coroner.

		(2)	Seized things are to be held in a manner that 	protects them from damage, wear and decay so far as is reasonably possible.

$$A $$T CORONERS COURT RULES 2009 - SECT 57 Access to seized things $$T $$NSECT
	57.	Access to seized things

     
		(1)	Seized things are not to be accessed by anyone other than an officer of the Coroners Court or any other person assisting a coroner, unless the coroner or the State Coroner orders that access is to be granted to a person or class of persons.

		(2)	A person may apply to the Coroners Court for access to seized things. 

		(3)	An application under subrule (2) must be in Form 34.

		(4)	An order under subrule (1) may be subject to any condition that the coroner thinks fit, including but not limited to-

			(a)	restrictions on the type and duration of access; and

			(b)	a requirement that an officer of the Coroners Court, or any person assisting a coroner, be present while the thing is being accessed.

		(5)	An order allowing access to seized things must be in Form 35.




$$A $$T CORONERS COURT RULES 2009 - SECT 58 Seized thing no longer required to be held $$T $$NSECT
	58.	Seized thing no longer required to be held

     
		(1)	A seized thing is no longer required to be held if the thing-

			(a)	is no longer reasonably required by the Coroners Court for the purposes of investigations or inquests; and

			(b)	is not likely to become reasonably required by the Coroners Court for the purposes of investigations or inquests.

		(2)	If a seized thing is no longer required to be held under subrule (1), the Coroners Court may-

			(a)	make an order for the release of the seized thing in accordance with rule 59; or

			(b)	make an order for the destruction or disposal of the seized thing in any manner the Court considers appropriate.

		(3)	An order made under subrule (2)(b) must be in Form 36.

$$A $$T CORONERS COURT RULES 2009 - SECT 59 Release of seized things $$T $$NSECT
	59.	Release of seized things

     
		(1)	A person may apply to the Coroners Court for a seized thing to be released to the person. 

		(2)	An application under subrule (1) must be in Form 34.

		(3)	If a seized thing is no longer required to be held, the Coroners Court may make an order for-

			(a)	release of the thing to its owner; or

			(b)	if the owner of the thing cannot be identified or found-

	(i)	release of the thing to a person who has applied for release of the thing under subrule (1);
	(ii)	release of the thing to a specified person.

		(4)	An order under subrule (3) must be in Form 36.

		(5)	An order under subrule (3) must not be made unless-

			(a)	a person can be specified to whom it is appropriate that the thing be released; and

			(b)	it is safe for the thing to be released.

__________________
$$NPART
ORDER 8

$$NDIVISION
FINDINGS, RECOMMENDATIONS AND REFERRALS

$$A $$T CORONERS COURT RULES 2009 - SECT 60 Findings of coroner investigating a death $$T $$NSECT
	60.	Findings of coroner investigating a death

     
		(1)	Under section 67 of the Act, the finding of a coroner following an inquest into a death must be in Form 37.


		(2)	Under section 67 of the Act, the finding of a coroner 	in respect of a death for which an inquest has not been held must be in Form 38.

$$A $$T CORONERS COURT RULES 2009 - SECT 61 Findings of coroner investigating a fire $$T $$NSECT
	61.	Findings of coroner investigating a fire

     
		(1)	Under section 68, the finding of a coroner following an inquest into a fire must be in Form 39.


		(2)	Under section 68, the finding of a coroner in respect of a fire for which an inquest has not been held must be in Form 40.

$$A $$T CORONERS COURT RULES 2009 - SECT 62 Findings not required if inquest not held or discontinued $$T $$NSECT
	62.	Findings not required if inquest not held or discontinued

     
		(1)	If, under section 71 of the Act, a coroner is not required to make any of the findings specified in section 67(1) of the Act in respect of a death, the coroner must complete a determination.

		(2)	A determination under subrule (1) must be in Form 41.





$$A $$T CORONERS COURT RULES 2009 - SECT 62A Suppression of findings by coroner $$T $$NSECT
	62A.	Suppression of findings by coroner

     
		(1)	A coroner may by order suppress a finding in whole or in part in respect of a death or a fire.

		(2)	An order made under subrule (1) may be by the coroner's own motion or by request of a person.

		(3)	An order made under subrule (1) may be published on the website of the Coroners Court as soon as possible.

$$A $$T CORONERS COURT RULES 2009 - SECT 63 Reports and recommendations $$T $$NSECT
	63.	Reports and recommendations

     
		(1)	A report made by a coroner to the Attorney-General on a death or fire the coroner has investigated under section 72(1) of the Act must be in writing.

		(2)	Recommendations made by a coroner in connection with a death or fire to any Minister, public statutory authority or entity under section 72(2) of the Act must-

			(a)	be in writing;

			(b)		be served by registered post, or given, to the Minister, public statutory authority or entity;

			(c)	include a copy of the coroner's findings in respect of the death or fire investigated by the coroner.

		(3)	A written response prepared by a public statutory authority or entity under section 72(4) of the Act must be prepared in accordance with any specific guidelines prepared by the Coroners Court and published on the Internet.

		(4)	A registrar must, as soon as practicable after a coroner receives a written response of a public statutory authority or entity under section 72(5) of the Act-

			(a)	publish that written response on the website of the Coroners Court;

			(b)	if the coroner's recommendations in respect of which the written response was prepared were connected with a death, 	send by ordinary post, a copy of the written response to the family of the deceased;

			(c)	if possible, email a link to the published written response on the website of the Coroners Court to any person who has advised the principal registrar that they have an interest in the subject of the recommendations.

$$A $$T CORONERS COURT RULES 2009 - SECT 64 Publication of findings and reports $$T $$NSECT
	64.	Publication of findings and reports

     
		(1)	Subject to any order made by a coroner under section 73(1) of the Act, the findings, comments and recommendations made following an inquest must be published on the website of the Coroners Court as soon as practicable.

		(2)	An order made by a coroner under section 73(2) of the Act preventing the publication of a report must be in Form 42.

		(3)	Unless otherwise ordered by a coroner, the findings, comments and recommendations made by a coroner in respect of a death or a fire in respect of which an inquest has not been held may be published on the website of the Coroners Court as soon as practicable.

$$A $$T CORONERS COURT RULES 2009 - SECT 64A Publication of determination, ruling or order $$T $$NSECT
	64A.	Publication of determination, ruling or order

     Without limiting any power of the Coroners Court, a coroner may order that a determination, ruling or order made by the coroner be published on the website of the Coroners Court as soon as practicable.



$$A $$T CORONERS COURT RULES 2009 - SECT 65 Reopening of an investigation $$T $$NSECT
	65.	Reopening of an investigation

     
		(1)	An application under section 77(1) of the Act for an order that some or all of the findings of a coroner after an investigation should be set aside must be in Form 43.

		(2)	An order made by the Coroners Court under section 77 of the Act is to be in Form 44.

__________________
$$NPART
ORDER 9

$$NDIVISION
REGISTRARS

$$A $$T CORONERS COURT RULES 2009 - SECT 66 Functions of registrars $$T $$NSECT
	66.	Functions of registrars

     For the purposes of section 98(d) of the Act, a registrar may issue a summons requiring a witness to attend the Coroners Court to give oral evidence or produce any document or other material.
__________________

$$NPART
ORDER 9A

$$NDIVISION
ALLOWANCES AND REIMBURSEMENT OF EXPENSES


$$A $$T CORONERS COURT RULES 2009 - SECT 66A Attendance expenses for expert witnesses $$T $$NSECT
	66A.	Attendance expenses for expert witnesses

     Unless a coroner otherwise orders, a witness who is called to give evidence at the Coroners Court in a professional or expert capacity is entitled to an amount of up to $300 per hour but not exceeding $1500 per day for loss of income in attending the Court.

$$A $$T CORONERS COURT RULES 2009 - SECT 66B Allowances and expenses of witnesses other than expert witnesses $$T $$NSECT
	66B.	Allowances and expenses of witnesses other than expert witnesses 

     
		(1)	This rule applies to a witness who is called to give evidence at the Coroners Court other than in a professional or expert capacity.

		(2)	If the witness is engaged in an income producing vocation and loses income because of his or her attendance at the Coroners Court, the witness is entitled to an amount of up to $100 per hour, not exceeding $601 per day, for the time spent in attendance at the Court.

		(3)	If the witness incurs childcare expenses because of his or her attendance at the Coroners Court the witness is entitled to those reasonable childcare expenses incurred.

$$A $$T CORONERS COURT RULES 2009 - SECT 66C Meals $$T $$NSECT
	66C.	Meals

     
		(1)	A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 1 for meals during his or her absence if the witness is absent from his or her home overnight.

Table 1

Capital City
Any other location
Breakfast 
$17.70 
$15.75 
Lunch 
$19.75 
$18.05 
Dinner 
$34.05 
$31.15 
Total 
$71.50 
$64.95 

		(2)	A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 2 for meals during his or her absence if the witness is absent for a part of a day only, departing and returning the same day.

Table 2
Breakfast
$12.40 
Lunch 
$12.40 
Dinner 
$16.50 
Total 
$41.30 

		(3)	Despite subrule (1) or (2), a witness is only entitled to an allowance-

			(a)	for breakfast, if he or she is absent from his or her home between 7.00 a.m. and 9.30 a.m.;

			(b)	for lunch, if he or she is absent from his or her home between 12.00 p.m. and 3.00 p.m.;

			(c)	for dinner, if he or she is absent from his or her home between 5.00 p.m. and 7.00 p.m.


$$A $$T CORONERS COURT RULES 2009 - SECT 66D Accommodation $$T $$NSECT
	66D.	Accommodation

     A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home overnight because of his or her attendance at the Court is entitled to the cost incurred by him or her of alternative accommodation up to a maximum of $150.00 for each night of his or her absence.

$$A $$T CORONERS COURT RULES 2009 - SECT 66E Travelling $$T $$NSECT
	66E.	Travelling

     
		(1)	A witness who is called to give evidence at the Coroners Court is entitled to be reimbursed in respect of the expense of travelling to and from the Court equal to the cost of the most economical form of transport having regard to the total expense of attending the Court.

		(2)	For the purposes of subrule (1), if the witness uses his or her own vehicle, he or she is entitled to a reimbursement of 18 cents for each kilometre travelled to or from the Court.

$$A $$T CORONERS COURT RULES 2009 - SECT 66F Evidence of expenses etc. to be produced $$T $$NSECT
	66F.	Evidence of expenses etc. to be produced

     The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar-

			(a)	in the case of rule 66B(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation;

			(b)	in the case of rule 66B(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses; 

			(c)	in the case of rule 66C, evidence that the witness was absent from his or her home by reason of attendance at the Coroners Court at the relevant times;

			(d)	in the case of rule 66D, evidence of the expenditure or cost incurred by the witness;

			(e)	in the case of rule 66E(1), evidence of the costs of the most economical form of transport.

__________________
$$NPART
ORDER 10

$$NDIVISION
ACCESS TO DOCUMENTS

$$A $$T CORONERS COURT RULES 2009 - SECT 67 Access to documents $$T $$NSECT
	67.	Access to documents

     
		(1)	For the purposes of section 115(2)(f) of the Act, a coroner may release a document to any person if the coroner is satisfied that the person has a sufficient interest in the document.

		(2)	A person specified in section 115(2) of the Act may apply to a coroner for release of a document.

		(3)	An application under subrule (2) must be in Form 45.

__________________
$$A $$T CORONERS COURT RULES 2009 - FORMS $$T $$NSCHEDULE


FORM 1
Rule 21
IN THE CORONERS COURT
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
AFFIDAVIT OF SERVICE
Form 1 Rule 21
Section 55(2)(a) of the Coroners Act 2008
In the matter of the investigation into the *death of/*fire at [name of deceased/location of fire]
I, [full name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s):
[describe the document(s) served]
*by leaving it with *him/*her personally at [address]
*by delivering it to *his/*her place of residence to [name] a person apparently over the age of 16 years and residing there at [address] 
*by delivering it to *his/*her place of residence to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business
*by posting it by prepaid ordinary post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address] *by leaving it at [address]/*by sending it by post to the registered office of that corporation at [address]
*by posting it by registered post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address]/*by giving to [name] at [address]
*by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address]

on [day  of  week], the                day of                  20             at         *a.m./p.m.
*Sworn/*Affirmed at
[place]
in the State of Victoria on [date]
Before
(
(
(
(
(
[Signed by person]
authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.
[Name and address in legible writing, typing or stamp]
*Delete if inapplicable
__________________

FORM 2
Rule 24(1)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE DEATH
Form 2 Rule 24(1)
Section 16(1) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
Death occurred *on or about/*on/*between: 
     
Place of death:
     
reported by-
Details of reporting person:
Title (Mr, Mrs, Ms, Dr, etc):
     
Surname:
     
Given name:
     
*Organisation:
     
*Position:
     
determine the death is not a reportable death pursuant to the Coroners Act 2008 because:
Reason(s) for decision:

Accordingly under section 16(3) of the Coroners Act 2008, I discontinue the investigation into the death.
Signature:
_______________________________________
Coroner's name:
Date:      
NOTE: Under section 78 of the Coroners Act 2008, an appeal can be made to the Supreme Court of Victoria within 3 months after the day on which the determination of the coroner is made.
*Delete if inapplicable
__________________

FORM 2A
Rule 24(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION TO DISCONTINUE THE INVESTIGATION
Form 2A Rule 24(2)
Section 16(5) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
Death occurred *on or about/*on/*between: 
     
Place of death:
     
reported by-
Details of reporting person:
Title (Mr, Mrs, Ms, Dr, etc):
     
Surname:
     
Given name:
     
*Organisation:
     
*Position:
     
am satisfied on the basis of the following material(s) available to me in this investigation:
[list materials]
that the death probably occurred more than 100 years before the [date death was reported to the Coroners Court].
Accordingly pursuant to section 16(5) of the Coroners Act 2008, I am discontinuing the investigation into the death.
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 3
Rule 25
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION THAT REPORTABLE DEATH DOES NOT REQUIRE FURTHER INVESTIGATION
Form 3 Rule 25
Section 17 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname]
without holding an inquest-
Find that the identity of the deceased was:
Surname:
     
Given names:

Date of *Birth*Age
     
Death occurred *on or about/*on/*between
     
Place of death:
     
Cause of death:
1(a) 

1(b)

1(c)

2
and pursuant to section 17 of the Coroners Act 2008, having considered the report of a medical investigator that contains an opinion that this death was due to natural causes determine that no further investigation is required.
*I direct a copy of this finding be provided to the following:


Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 4
Rule 26
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference:
DIRECTION TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
Form 4 Rule 26
Section 18 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner direct that:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age (if known): 
     
be referred to the Victorian Institute of Forensic Medicine.
Under section 18 of the Coroners Act 2008, information held by the Coroners Court is to be given by the Principal Registrar to the Institute as I consider it necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985. 
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 5
Rule 27
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
ADVICE OF NON-REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
Form 5 Rule 27
Section 19 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
which is or may be a reviewable death, do not intend to refer this death to the Victorian Institute of Forensic Medicine. 
I direct that a copy of this direction be provided to the Institute under section 19(2) of the Coroners Act 2008.
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 6
Rule 28
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REVIEWABLE DEATH
Form 6 Rule 28
Section 20 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
Death occurred *on or about/*on/*between: 
     
Place of death:
     
reported by-
Details of reporting person:
Title (Mr, Mrs, Ms, Dr, etc):
     
Surname:
     
Given name:
     
*Organisation:
     
*Position:
     
determine the death is not a reviewable death pursuant to the Coroners Act 2008 because:
Reason(s) for decision:

Accordingly-
Under section 20(3) of the Coroners Act 2008, I discontinue the investigation into the death.
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 7
Rule 31
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
IDENTIFICATION DIRECTION
Form 7 Rule 31
Section 24 of the Coroners Act 2008
To [name of medical investigator],
I, [name] *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:
Believed to be [name]
     
direct that you assess and perform the appropriate identification procedure(s) on the deceased: 
[insert procedures] 
and as soon as practicable after completion of the identification procedure, prepare and deliver the identification report to the Coroner.
Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 8
Rule 32
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION BY CORONER OF IDENTITY OF DECEASED
Form 8 Rule 32
Section 24 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the following information available to me at this time:
*Police report of death (*Police Form 83/*Police Form 47)
*Report of Medical Investigator 
*Hospital/Clinical Records
*Fingerprint report
*Medical Certificate of Cause of Death
*Initial Family Contact Form 
*Other: [please specify]

Determine that the identity of the deceased is:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
For the following reasons:
[insert reasons]



Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 9
Rule 33
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DIRECTION REGARDING AUTOPSY
Form 9 Rule 33
Section 25 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
having taken into account the following information available to me at this time:
*Police report of death (*Police Form 83/*Police Form 47)
*Statement of Identification
*Preliminary Examination Report
*Medical Deposition
*Hospital/Clinical Records
*Medical Certificate of Cause of Death
*Initial Family Contact Form 
*Other: [please specify]
and having noted:
*the following specific concerns raised by the senior next of kin prior to making this direction: [please specify]
*it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located.

*that the person making the request for an autopsy direction is the senior next of kin.
*that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin.
direct that the medical investigator:
*perform an autopsy
OR
*perform an autopsy with the following conditions: [specify conditions]
*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of notification to the senior next of kin.
OR
*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(i) of the Coroners Act 2008 because it is believed appropriate in the circumstances.
OR
*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(ii) of the Coroners Act 2008 because there is no senior next of kin or the next of kin cannot be located.
OR
*pursuant to section 26(5)(b) of the Coroners Act 2008, having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, direct that the autopsy be performed forthwith.
OR
*not perform an autopsy, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2


*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:
*Nil Toxicology
*Full Routine Toxicology (*Ante Mortem/*Post Mortem)
*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)
*Microbiology (*Ante Mortem/*Post Mortem)
*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)
*Other [please specify] (*Ante Mortem/*Post Mortem)
*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages
Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
NOTE: Under section 26 of the Coroners Act 2008, within 48 hours from receiving notice, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed.

A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:
(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or
(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.
Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.
*Delete if inapplicable
__________________

FORM 10
Rule 35
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE RECONSIDERED
Form 10 Rule 35
Section 26 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
having been asked by the senior next of kin to reconsider the direction that an autopsy be performed pursuant to section 26(2) of the Coroners Act 2008 and taken into account their specific concerns, being:
[please specify]
hereby:
*determine that an autopsy is not necessary
*determine that an autopsy is necessary
*determine that an autopsy is necessary but impose the following conditions:
[please specify]
*order that an autopsy not be performed, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2
for the following reasons:
[specify reasons]
*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of written notification to the senior next of kin.
*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:
*Nil Toxicology
*Full Routine Toxicology (*Ante Mortem/*Post Mortem)
*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)
*Microbiology (*Ante Mortem/*Post Mortem)
*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)
*Other [please specify] (*Ante Mortem/*Post Mortem)
*AND pursuant to section 26(5)(b), having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, I direct that the autopsy be performed.
*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages









Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
NOTE: A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:
(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or
(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.	
Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.
*Delete if inapplicable
__________________

FORM 11
Rule 36
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DECISION BY CORONER IN RELATION TO REQUEST FOR AUTOPSY
Form 11 Rule 36
Section 27 of the Coroners Act 2008
Notice to [name of applicant],
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request for autopsy from [name of applicant] in respect of the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
have decided not to order an autopsy for the following reasons:
[specify reasons]
Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
NOTE: Under section 79 of the Coroners Act 2008, if a decision is made to refuse the request, the senior next of kin or the person who requested the autopsy may appeal to the Supreme Court of Victoria within 48 hours after the person receives notice of the refusal.

*Delete if inapplicable
__________________

FORM 12
Rule 37(3)
Court Reference: 
ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL
Form 12 Rule 37(3)
Section 28(2) of the Coroners Act 2008
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
I, [name of Medical Investigator], request the Coroner to make a direction to enable the following tissue(s)/material(s) to be preserved:
(	[list tissue and/or material] 
For the following reasons:
[specify reasons]
I anticipate the duration for preservation will be approximately:    *day(s)/*week(s)/*month(s) (if different durations, please specify below):
(	[list tissue, material and durations]
*It is my opinion, that the following restrictions should be placed on the release of the tissue(s)/material(s):
(	[list restrictions]
Signature of Medical Investigator:
_______________________________________
Name of Medical Investigator: 
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 13
Rule 37(4)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DIRECTION TO PRESERVE TISSUE OR MATERIAL
Form 13 Rule 37(4)
Section 28 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
direct [name of Medical Investigator]
*to preserve
*not to preserve
tissue/material as set out in the written request dated [insert date] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in your written request.
*The tissue/material is to be preserved for *day(s)/*week(s)/*month(s) (If different durations are required for different tissues/materials, specify below):
(	[list tissue material] 
*The following restrictions are imposed:
(	[list restrictions]



Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 14
Rule 38(3)
Court Reference: 
REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL
Form 14 Rule 38(3)
Section 28 of the Coroners Act 2008
I, [name and title of staff member], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin (or his or her delegate) of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/
*Age[if known]:
     
request that the following tissue(s) or other material(s) be released following the medical examination without the body:
(	[list tissue(s) or other material(s)] 
*to the senior next of kin or the nominated funeral director, [name of funeral director], to:
*cremate
*bury
*other method of disposal: [please specify]
*to the Victorian Institute of Forensic Medicine to:
*cremate, and reunite the ashes with the other ashes
*cremate, and scatter the ashes at the Bunurong Memorial Park
*bury
*other method of disposal: [please specify]


*And I have informed the senior next of kin of the direction of the coroner to impose restrictions in relation to the tissue(s) or other material(s) because of public health and safety concerns or in the interests of justice.
Signature:
_______________________________________
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 15
Rule 38(5)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
ORDER TO RELEASE PRESERVED TISSUE OR MATERIAL
Form 15 Rule 38(5)
Section 28 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the [tissue(s)/material(s)] without the body.
Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 16
Rule 39(1)
Court Reference: [if known]: 
REQUEST TO INVESTIGATE A FIRE
Form 16 Rule 39(1)
Sections 30 and 31 of the Coroners Act 2008
I [name], from the:
*Country Fire Authority
*Metropolitan Fire and Emergency Services Board
*Other, please specify:
of [requestor's address], request the Coroner to investigate:
Details of fire:
Location of fire:
Fire occurred *on*about*between:

for the following reason(s):
[specify reasons]

Signature:
_______________________________________
Date: 
*Delete if inapplicable
__________________

FORM 17
Rule 39(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE
Form 17 Rule 39(2)
Sections 30 and 31 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request to investigate the following fire:
Details of fire:
     
Location of fire:
     
Fire occurred *on/*between:
     
from the requestor:
Surname:
     
Given name:
     
*Organisation:
     
Address:
     
*determine that the fire will be investigated
*determine that the fire will not be investigated pursuant to section *30(2)/*31(2) of the Coroners Act 2008, for the following reason(s):
[specify reasons]
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 18
Rule 43
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
AUTHORISATION BY CORONER TO A MEMBER OF THE POLICE FORCE
Form 18 Rule 43
Sections 39, 40 and 41 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner
*investigating the death of:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*investigating the fire:
Location of fire:
     
Fire occurred *on/*between:
     
under section 39 of the Coroners Act 2008 authorise:
[Name of investigating officer], a member of the police force to exercise the following powers with any assistance that is required pursuant to section 39(3) of the Coroners Act 2008 
*to break, enter and search [place of death/incident] using reasonable force if required, and upon entry to the premises, exercise the powers under section 40 and/or section 41 of the Act (reasonable force can only be exercised by a member of the police force);
*to take a copy or copies of documents relevant to the investigation;
*to seize things (including documents) which may be relevant to the investigation;
*to take samples which may be relevant to the investigation;
as specified in the Schedule below in that place, that may be of assistance in investigating the above-mentioned *death/*fire.
Schedule:
The powers contained in this authorisation must be exercised at or between the hours of [time] and [time] during the period commencing [day eg 1st, 2nd, 3rd] of [month] [year], and concluding [day eg 1st, 2nd, 3rd] of [month] [year]. This period is not to exceed 30 days after the date of this authority.
Signature:
_______________________________________
Coroner's name:
Date: 

NOTE: Section 40(1) of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, 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.
Section 40(2) of the Coroners Act 2008 provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of police force under section 40(1) of that Act.
Section 41 of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, 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.

*Delete if inapplicable
__________________

FORM 19
Rule 43(3)
Court Reference:
RESULT OF SEARCH
Form 19 Rule 43(3)
Section 39 of the Coroners Act 2008
Investigation into the:
*Death of:
[name of deceased]
*Fire at:
[location of fire]
*Authority executed by [name] at [time] *am/*pm on [date].
*This Authority is returned unexecuted because: 
[insert reason]
Copy of Authority served on [name] (*owner/*occupier/*person in charge of premises) of [address].
Description of how person served: 
Thing(s) seized:


[attach additional pages if insufficient space]
The items listed above are retained under my control unless otherwise ordered by the coroner.
*Coroner's direction(s): [complete if required]





Signature:
_______________________________________
At: [place]
Date: 
Report of search forwarded on: [date]

Surname:
     
Rank and Registration No.:
     
*Delete if inapplicable
__________________

FORM 20
Rule 44(1)
Court Reference: [if known]: 
APPLICATION FOR EXHUMATION
Form 20 Rule 44(1)
Section 43 of the Coroners Act 2008
Details of applicant:
Organisation (if applicable):
Title (Mr, Mrs, Ms Dr, etc.):
Surname:
Given name:
Relationship to deceased (if any):
Contact number(s):
Email:
Postal address:
apply to the Coroner for an authorisation of an exhumation of the body of:
Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known): 
Gender:
Date of death (if known):
Place of death (if known):
from the following place:
Details of burial:
Date of burial:
Location of burial: [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]

Reason(s) for application:

Signature of applicant:
Date:
*Delete if inapplicable
__________________

FORM 21
Rule 44(2)
IN THE CORONERS COURT
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION TO REFUSE AN APPLICATION FOR EXHUMATION
Form 21 Rule 44(2)
Section 43(3) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of:
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc):
     
Surname:
     
Given name:
     
Organisation (if applicable):
     
Relationship to deceased (if any):
     
to exhume:
Details of deceased (if known):
Surname:
     
Given names:
     
*Date of Birth/*Age:
     
refuse to authorise the exhumation for the following reasons:
[specify reason(s) for refusal]




Signature:
_______________________________________
Coroner's name:
Date:
NOTE: An appeal can be made to the Supreme Court of Victoria within 3 months after the refusal to authorise the exhumation of a body under section 81(3) and (4) of the Coroners Act 2008.

*Delete if inapplicable
__________________

FORM 22
Rule 46(1)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
NOTICE OF INTENTION TO AUTHORISE EXHUMATION
Form 22 Rule 46(1)
Section 45 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:
Details of deceased (if known):
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
intend to authorise the exhumation of the body of the deceased. The deceased is buried at [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]:
*on my own motion under section 44 of the Coroners Act 2008; 
*based on an application made under section 43 of the Coroners Act 2008;
AND
order that notice of this intention is given to:
*[name of senior next of kin];
*[name of cemetery trust], responsible for the public cemetery; 
*[name of owner of land], owner of the land where the place of interment is located, pursuant to the Cemeteries and Crematoria Act 2003.



Signature:
_______________________________________
Coroner's name:
Date:
NOTE: The senior next of kin may provide written suggestions as to how and whether the proposed exhumation should be conducted and he or she may appeal to the Supreme Court of Victoria under Part 7 of the Coroners Act 2008 against the authorisation under section 46 of that Act.

*Delete if inapplicable
__________________

FORM 23
Rule 46(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
AUTHORISATION OF EXHUMATION
Form 23 Rule 46(2)
Section 46 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:
Details of deceased (if known):
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*Having considered the following suggestions raised by [name] regarding the notice of intention to authorise an exhumation made under section 45 of the Coroners Act 2008:
[please specify]
*Having not received any suggestions from any persons regarding the making of the Notice of Intention to Authorise Exhumation made pursuant to section 45 of the Coroners Act 2008.
Hereby authorise that the body of the deceased person buried at [place of interment or cemetery], be exhumed and taken without delay to [place/address] and be held there
*subject to the following condition(s):




Signature:
_______________________________________
Coroner's name:
Date:
NOTE: Section 46(5) of the Coroners Act 2008 provides that authorisation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (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 that he or she will not appeal to the Supreme Court against the authorisation.
An appeal can be made to the Supreme Court under Part 7 of the Coroners Act 2008 against the authorisation in certain circumstances.
*Delete if inapplicable
__________________

FORM 24
Rule 47
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
ORDER FOR RELEASE OF BODY
Form 24 Rule 47
Section 47 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner order that the body of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
be released to [name]
*subject to the following terms and/or conditions:
[insert terms and/or conditions]
*for overseas repatriation and there is no indication of any infectious diseases.
[insert cause/s of death]
because:
*I am satisfied that it is no longer necessary to have control of the body in order to exercise my functions under the Coroners Act 2008;
*I have determined that the death was not a reportable death or a reviewable death.
Name of funeral director (if known): 



Signature:
_______________________________________
Coroner's name:
Date: 
Time: 
*Delete if inapplicable
__________________

FORM 25
Rule 48
Court Reference: [if known]: 
APPLICATION FOR THE RELEASE OF BODY
Form 25 Rule 48
Section 48 of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms Dr, etc.):
Surname:
Given name:
Relationship to deceased (if any):
Contact number(s):
Postal address: 
Email:
Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
Date of death (if known):
Place of death (if known):
Details of funeral director:
Organisation:
Funeral director's code:
Contact number(s):
Email:
Reason(s) for application:
[specify reasons]


I [name of applicant]:
1.	Confirm that all information provided in this form and supporting documents (if applicable) is to the best of my knowledge true and correct; 
AND
2.	Understand that my application may be provided to any other applicant (if appropriate).
Signature of applicant:
Date: 
----------------------------------------------------
NOTE: Under section 85 of the Coroners Act 2008 a person who applied to have a body released to him or her under section 48 of that Act may appeal against an order to release the body or the terms of that release to the Supreme Court within 48 hours after the determination of the coroner is made.
----------------------------------------------------
*Delete if inapplicable
__________________

FORM 26
Rule 49(1)
Court Reference: [if known]: 
REQUEST FOR INQUEST INTO DEATH
Form 26 Rule 49(1)
Section 52(5) of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Organisation (if applicable):
Relationship to deceased (if any):
Postal address:
Email:

request that the Coroner hold an inquest into the death of:

Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
Date of death/suspected death:
Place of death/suspected death:
Reasons for application:
[specify reasons]

Signature of applicant:
Date:
*Delete if inapplicable
__________________

FORM 27
Rule 49(2)
Court Reference: [if known]: 
REQUEST FOR INQUEST INTO FIRE
Form 27 Rule 49(2)
Section 53(2) of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Organisation (if applicable): 
Postal address:
Email:
request that the Coroner hold an inquest into the fire at:
Details of fire:
Location of fire:
Fire occurred *on/*about/*between:
Reason(s) for this application:

Signature of applicant:
Date:
*Delete if inapplicable
__________________

FORM 28
Rule 50(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference:
DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO DEATH
Form 28 Rule 50(1)
Section 52(6) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
have decided
*to hold an inquest
*not to hold an inquest
*not to make a decision as to whether or not an inquest should be held
for the following reason(s):
[specify reasons]






Signature:
_______________________________________
Coroner's name:
Date: 
NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.
*Delete if inapplicable
__________________

FORM 29
Rule 50(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO FIRE
Form 29 Rule 50(2)
Section 53(3) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the fire:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
have decided
*to hold an inquest
*not to hold an inquest
*not to make a decision as to whether or not an inquest should be held
for the following reasons:
Signature:
_______________________________________
Coroner's name:
Date: 
NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.
*Delete if inapplicable
__________________

FORM 30
Rule 52
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
ORDER EXCLUDING A PERSON OR CLASS OF PERSON FROM AN INQUEST
Form 30 Rule 52
Section 55(2)(d) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the 
*death of [name of deceased]/*fire occurring *on/*between [date of fire or between the dates of]:
TO:
[name of person or class of persons whom the order is directed]
*OF
[address(s) of person or class of persons whom the order is directed-if appropriate]
You are ordered not to enter the courtroom for:
*the whole of the inquest; 
OR
*the following parts/days of the inquest: [insert parts/days of inquest]:
Signature:
_______________________________________
Coroner's name:
Date: 
NOTE: A breach of this order may be dealt with as contempt of court under section 103 of the Coroners Act 2008.
*Delete if inapplicable
__________________

FORM 31
Rule 53(2)
Court Reference: [if known]: 
APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY
Form 31 Rule 53(2)
Section 56 of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms Dr, etc.):
Surname:
Given name:
Organisation (if applicable): 
Relationship to deceased (if any):
Contact number(s):
Email:
Details of deceased (if applicable):
Surname:
Given names:
*Date of birth/*Age (if known):
Details of fire (if applicable):
Location of fire:
Fire occurred *on/*about/*between:
I seek leave to appear for:
*whole of the inquest;
*part of the inquest: [specify which part of the inquest]



Details of legal representative (if applicable):
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Name of firm/Position held:
Postal address:
Contact number(s):
Email:
Reasons for application (see note below):

Signature of *applicant/*legal representative:
Date:
NOTE: Under section 56 of the Coroners Act 2008, 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 sufficient interest in the inquest; and
   (b)   it is appropriate for the person to be an interested party.

*Delete if inapplicable
__________________

FORM 32
Rule 54
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
PRIVILEGE IN RESPECT OF SELF INCRIMINATION IN OTHER PROCEEDINGS
Form 32 Rule 54
Section 57 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the inquest into the:
*death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*fire at:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
certify under section 57 of the Coroners Act 2008 that evidence in these proceedings by [name of witness] on [date or dates], is evidence or information to which section 57 of that Act applies.




Signature:
_______________________________________
Coroner's name:
Date: 
NOTE: Section 57(7) of the Coroners Act 2008 provides that: 
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.
Section 57(8) of the Coroners Act 2008 provides that:
Section 57(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. 
A certified transcript or other record of the evidence will be forwarded when available.
*Delete if inapplicable
__________________

FORM 33
Rule 55
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
WARRANT TO ARREST
Form 33 Rule 55
Section 59 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner  in respect of the:
*death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*fire at:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA 
The person [name of person] of [address]:
*was summoned by a coroner under section 55 of the Coroners Act 2008 and has neglected or failed to appear at the time and place appointed in and by a summons to attend as a witness or to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.
*is avoiding service of a summons under section 55 of the Coroners Act 2008 or that the person has been duly served with the summons but is unlikely to comply with it.

AND is to be brought before the Coroners Court to answer the Summons and to be further dealt with according to law, and if it is not practicable to bring him or her before the Court forthwith to release him or her on bail in accordance with the endorsement below.
Signature:
_______________________________________
Coroner's name:
Date: 
*ENDORSEMENT FOR BAIL
The person named may be released on entering an undertaking of bail to appear at the Coroners Court at [venue] on the following conditions:
*Delete if inapplicable
__________________

FORM 34
Rules 57(3) and 59(2)
Court Reference [if known]: 
APPLICATION TO ACCESS OR HAVE RELEASED SEIZED OR RECEIVED THING
Form 34 Rules 57(3) and 59(2)
Section 114 of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Organisation (if applicable): 
Relationship to deceased (if any):
Contact number(s):
Postal address:
Email:
Details of legal representative (if applicable):
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Firm/Position held:
Contact number(s):
Postal address:
Email:
*Details of deceased (if applicable):
Surname:
Given names:
*Date of birth/*Age (if known):

*Details of fire (if applicable):
Location of fire:
Fire occurred *on/*about/*between:
Request that the following thing(s) be *accessed by/*released to [name of person]:
Reason(s) for application: 
[specify reasons]

Signature of *applicant/*legal representative:
Date:
*Delete if inapplicable
__________________

FORM 35
Rule 57(5)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference:
ORDER BY CORONER TO ACCESS SEIZED OR RECEIVED THING
Form 35 Rule 57(5)
Section 114 of the Coroners Act 2008
I, [name], *State Coroner*/Deputy State Coroner/*Coroner having received the application of [name of applicant] to access or have released a seized or received thing in relation to the investigation into the:
*death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*fire at:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
*Refuse the application
*Authorise access to the following thing(s): 
[list things]

On the following conditions:


Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 36
Rules 58(3) and 59(4)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
ORDER BY CORONER TO RELEASE OR DESTROY SEIZED OR RECEIVED THING
Form 36 Rules 58(3) and 59(4)
Section 114 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of [name of applicant] in relation to the investigation into the:
*death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*fire at:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
order that 
[list thing(s)]:
*be released to [name of owner] of [address]:
*be released to [specify person] of [address] as the owner cannot be identified or found
*be destroyed by [specify by whom]
*be disposed of in the following manner [outline manner to be disposed of] by [specify by whom]
*not be released at this stage 

Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 37
Rule 60(1)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
FINDING INTO DEATH WITH INQUEST
Form 37 Rule 609(1)
Section 67 of the Coroners Act 2008
Inquest into the Death of: [name of deceased]
Delivered On:

Delivered At:

Hearing Dates:

Findings of: 
[name of coroner]
Representation:
[list representation]
*Police Coronial Support 
Unit
[name of PCSU member]
*Counsel Assisting the Coroner
[name of barrister]

[name of solicitor]
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname]
AND having held an inquest in relation to this death on [date]
at [place of inquest]
find that the identity of the deceased was [full name of deceased]
*born on/*aged [*date/*age]
and the death occurred *on/*on or about/*between [full dates]
at [full address of place of death]


from:
1 (a)
1 (b)
1 (c)
2
in the following circumstances:
*COMMENTS
Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:
[specify comments]
*RECOMMENDATIONS
Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:
[specify recommendations]
*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet:
[specify any finding, comment or recommendation that is not to be published]
*I direct that a copy of this finding be provided to the following:
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 38
Rule 60(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
FINDING INTO DEATH WITHOUT INQUEST
Form 38 Rule 60(2)
Section 67 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname]
without holding an inquest: 
find that the identity of the deceased was [full name of deceased]
born *on/*aged [*date/*age]
and the death occurred *on or about/*on/*between [full date/s]
at [full address of place of death] 
from:
1 (a)
1 (b)
1 (c)
2
*Having considered the evidence before me together with the public interest and being satisfied that there are no suspicious circumstances or circumstances requiring further investigation make no further findings with respect to the circumstances in which the death occurred.
*Pursuant to section 67(2) of the Coroners Act 2008, I make findings with respect to the following circumstances:
[specify circumstances]



*COMMENTS
Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:
[specify comments]
*RECOMMENDATIONS
Pursuant to Section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:
[specify recommendations]
*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: 
[specify any finding, comment or recommendation to be published]
*I direct that a copy of this finding be provided to the following:

Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 39
Rule 61(1)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
FINDING INTO FIRE WITH INQUEST
Form 39 Rule 61(1)
Section 68 of the Coroners Act 2008
Inquest into the fire at: [location of fire]
Delivered On:

Delivered At:

Hearing Dates:

Findings of: 
[name of coroner]
Representation:
[list representation]
*Police Coronial Support 
Unit
[name of PCSU member]
*Counsel Assisting Coroner
[name of barrister]

[name of solicitor]
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full location]
AND having held an inquest in relation to this fire on [date]
at [place of inquest]
find that the fire occurred *on/*between [dates]
and find that the cause and origin of the fire was: [specify cause and origin]
in the following circumstances: [specify circumstances]



*RECOMMENDATIONS
Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:
[specify recommendations]
*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet: 
[specify any finding, comment or recommendation that is not to be published]
*I direct a copy of this finding be provided to the following:

Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 40
Rule 61(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
FINDING INTO FIRE WITHOUT INQUEST
Form 40 Rule 61(2)
Section 68 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full address]
without holding an inquest find that the fire occurred *on/*between [date(s)]
and find the cause and origin of the fire was:
[specify cause and origin]
in the following circumstances:
[specify circumstances]
*RECOMMENDATIONS:
Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:
[specify recommendations]
*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [please specify]
*I direct a copy of this finding be provided to the following:
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 41
Rule 62
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION THAT INQUEST WILL NOT BE HELD OR WILL BE DISCONTINUED
Form 41 Rule 62
Section 71 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
determine pursuant to sections 52(3)(b) and 71 of the Coroners Act 2008, that an inquest *will not be held/*will be discontinued in respect of this death as [full name of person] has been charged with an indictable offence and the making of a finding would be inappropriate in the circumstances for the following reasons:
[insert reasons]
Signature:
_______________________________________
Coroner's name:
Date: 
*Delete if inapplicable
__________________

FORM 42
Rule 64
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
SUPPRESSION ORDER
Form 42 Rule 64
Section 73(2) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the investigation into the:
*death of:
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
*fire at:
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
order that the following:
*Document(s): [list document(s)]
*Material(s): [list materials] 
*Evidence: [list evidence]
*[list further orders]
not be published pursuant to section 73(2) of the Coroners Act 2008, as I reasonably believe that publication would:
*be likely the prejudice the fair trial of a person
*be contrary to the public interest

Signature:
_______________________________________
Coroner's name:
Date: 
NOTE: Under section 73(3) of the Coroners Act 2008, a person must not publish a report contrary to this order.  Breach of this order may incur a penalty up to 60 penalty units.
*Delete if inapplicable
__________________

FORM 43
Rule 65(1)
Court Reference: [if known]:
APPLICATION TO SET ASIDE FINDING
Form 43 Rule 65(1)
Section 77 of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Organisation (if applicable):
Relationship to deceased (if any):
Postal address:
Contact number(s):
Email:
*Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
*Details of fire:
Location of fire:
*Fire occurred *on/*about/*between: 
Details of finding:
Findings by:
Date of finding(s):
Details of the order sought: 
Request that the coroner set aside:
*all of the findings. 
*the following particular findings: [detail particular findings to be set aside]
Reason(s) for application (see note below)
Signature of applicant:
Date:
-------------------------------------------------------
NOTE: Under section 77(3) of the Coroners Act 2008, the Coroners Court may only reopen the investigation and set aside the findings if satisfied that-
	(a)	there are new facts and circumstances; and 
	(b)	it is appropriate to reopen the investigation.
-------------------------------------------------------
*Delete if inapplicable
__________________

FORM 44
Rule 65(2)
IN THE CORONERS COURT 
OF VICTORIA
AT [COURT LOCATION]
Court Reference: 
DETERMINATION FOLLOWING APPLICATION TO SET ASIDE FINDING
Form 44 Rule 65(2)
Sections 77(2) and 77(3) of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received an application to set aside the finding into the *fire/*death of
Details of deceased:
Surname:
     
Given names:
     
*Date of Birth/*Age: 
     
Details of fire:
Location of fire:
     
Fire occurred *on/*between:
     
make the following order:
*that the findings not be set aside as I am not satisfied that there are new facts and circumstances and it is not appropriate to re-open the investigation pursuant to section 77(3) of the Coroners Act 2008
*I am satisfied that there are new facts and circumstances however, pursuant to section 77(3) of the Coroners Act 2008, it is not appropriate to re-open the investigation
*pursuant to section 77(2) of the Coroners Act 2008, the following findings be set aside as I am satisfied that there are new facts and circumstances: [insert findings to be set aside]
*pursuant to section 77(2) of the Coroners Act 2008, all of the findings be set aside as I am satisfied that there are new facts and circumstances.
*AND it is appropriate to re-open the investigation pursuant to section 77(3)(b) of the Coroners Act 2008.
Signature:
_______________________________________
Coroner's name:
Date:
NOTE: Under section 84 of the Coroners Act 2008, if the Coroners Court refuses to re-open an investigation, 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 Supreme Court within 3 months after the refusal by the Coroners Court.
*Delete if inapplicable
__________________

FORM 45
Rule 67
Court Reference: [if known]: 
APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/INQUEST TRANSCRIPT
Form 45 Rule 67
Sections 115 and 63 of the Coroners Act 2008
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
*Organisation: 
*Agent [please attach a signed authority from the senior next of kin or interested party]
*Relationship to deceased (if any):
Postal address:
Contact number(s):
Email:
*Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
*Details of fire:
Location of fire:
Fire occurred *on/*about/*between:
Details of documents sought:



Category of request:
I am requesting the above documents as:
*an interested party claiming to have sufficient interest in the document 
*a statutory body (for the purpose of exercising a statutory function) 
*a member of the police force (for law enforcement purposes) 
*a person who is conducting research approved by an appropriate human research ethics committee (attach supporting documents)
*the document is required for the public interest
*a person specified in the rules as being a person to whom documents may be released: a Coroner must be satisfied that a person has a sufficient interest in a document for the purposes of an application made by a person under rule 67(2).
Reason(s) for application:

Form of access:
*I wish to inspect the document(s)
*I require a copy of the document(s)
Confirmation
I confirm that all of the information provided in this form and supporting documents is to the best of my knowledge true and correct.
*Consent
I consent to my name being disclosed to the deceased's senior next of kin (if appropriate) which may be necessary in order for my application to be processed.
Signature of applicant:
Date:
-------------------------------------------------------
NOTE: The applicant may be required to pay processing charges in respect of the applicant's application. If so, a statement of charges will be provided to the applicant.
-------------------------------------------------------
*Delete if inapplicable

Dated:	29 October 2009
JUDGE JENNIFER ANN COATE, 
State Coroner
IAIN T. WEST, 
Deputy State Coroner
PARESA ANTONIADIS SPANOS, 
Coroner
 



$$A
$$T
CORONERS COURT RULES 2009
 - NOTES
$$T
$$NNOTES

ENDNOTES

1 General Information
The Coroners Court Rules 2009, S.R. No. 131/2009 were made on 29 October 2009 by the State Coroner together with 2 coroners jointly under section 105 of the Coroners Act 2008, No. 77/2008 and came into operation on 1 November 2009: regulation 3.
The Coroners Court Rules 2009 will sunset 10 years after the day of making on 29 October 2019 (see section 5 of the Subordinate Legislation Act 1994).
2 Table of Amendments
This Version incorporates amendments made to the Coroners Court Rules 2009 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Coroners Court (Amendment No. 1) Rules 2011, S.R. No. 117/2011
Date of Making:
25.10.11
Date of Commencement:
31.10.11: rule 3
-------------------------------------------------------------
3 Explanatory Details
No entries at date of publication.
??

??



2
 
 

Order 1


Coroners Court Rules 2009
S.R. No. 131/2009






1

Rule	Page

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