Victorian Consolidated Regulations

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CORONERS COURT RULES 2009 

S.R. No. 131/2009
Version incorporating amendments as at  31 October 2011

TABLE OF PROVISIONS

           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
           ORDER 1
           PRELIMINARY

   PART 1-GENERAL

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