Victorian Numbered Acts
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CORONERS ACT 2008 (NO. 77 OF 2008)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Reportable death
5. Reviewable death
PART 2--OBJECTIVES
6. Role of objectives
7. Avoiding unnecessary duplication
8. Factors to consider for the purposes of this Act
9. Fairness and efficiency of coronial system
PART 3--REPORTING OF DEATHS
10. Obligation of registered medical practitioner to report death
11. Obligation to report death of a person placed in custody or care
12. General obligation to report death
13. Obligation to report reviewable death
PART 4--INVESTIGATION OF DEATHS AND FIRES
Division 1--Investigation of deaths
14. Deaths a coroner may investigate
15. Deaths a coroner must investigate
16. Determination by coroner that reported death not a reportable death
17. Certain reportable deaths do not require investigation
18. Reviewable deaths may be referred to the Institute
19. State Coroner may investigate a reviewable death
20. Determination by State Coroner that death not a reviewable death
21. Providing relevant persons with coronial process information
22. Control of the body
23. Preliminary examinations
24. Identification directions
25. Autopsies
26. Objections to autopsy
27. Request for autopsy
28. The removal of tissue and preserving material
29. Provision of relevant information by principal registrar
Division 2--Investigation of fires
30. Fire authority request for fire investigation
31. Application for investigation into a fire
Division 3--Assistance to coroner in investigation
32. Person who made report of death to assist
33. Registered medical practitioner to assist
34. Person who asks for investigation of fire to assist
35. Fire authority to assist
36. Assistance from police
Division 4--Powers relating to investigation
37. Restriction of access to place where death occurred or caused or may occur
38. Restriction of access to fire area
39. Powers of entry, search, inspection and possession
40. Power to direct person to produce documents, operate equipment on entry
41. Other powers on entry to premises
42. Documents and prepared statements requested by coroner
Division 5--Exhumation
43. Application for exhumation
44. Power to authorise exhumation
45. Notice of intention to authorise exhumation
46. Authorisation of exhumation
Division 6--General
47. Release of body
48. Application to coroner for release of body
49. Notices and provision of information by principal registrar
50. Protection against self-incrimination
51. Aid to coroners in other places
PART 5--INQUESTS INTO DEATHS AND FIRES
Division 1--Types of inquests
52. Inquest into a death
53. Inquest into a fire
54. Inquest into multiple deaths and fires
Division 2--Powers of coroners at inquests
55. Coroners' powers at inquests
56. Interested party
57. Privilege in respect of self-incrimination in other proceedings
58. Legal professional privilege
59. Issue of warrant to arrest
60. Coroner may be assisted
Division 3--Process at inquest
61. Advertisement of an inquest
62. Coroner not bound by rules of evidence
63. Record of evidence
64. Witnesses to be called and relevant issues
65. Inquest to be conducted with little formality
66. Rights of interested parties
PART 6--FINDINGS, RECOMMENDATIONS AND REFERRALS
67. Findings of coroner investigating a death
68. Findings of coroner investigating a fire
69. Findings not to contain statement regarding guilt
70. Apology or reduction or waiver of fees
71. Findings not required if inquest not held or discontinued
72. Reports and recommendations
73. Publication of findings and reports
74. Power of coroner to award costs
75. Legal protection of Australian lawyers, witnesses and interested parties
76. Correction of errors
77. Re-opening an investigation
PART 7--APPEALS TO SUPREME COURT
78. Appeal in relation to determination that death not a reportable death
79. Appeals in relation to autopsy
80. Appeal in relation to determination of coroner not to investigate a fire
81. Appeal in relation to exhumation
82. Appeal in relation to determination not to hold an inquest
83. Appeal against findings of coroner
84. Appeal against refusal by coroner to re-open investigation
85. Appeal against order to release body
86. Supreme Court may grant an extension of time
87. Appeal to Supreme Court is on a question of law
88. Determinations of Supreme Court
PART 8--THE CORONERS COURT
Division 1--Establishment of Coroners Court of Victoria
89. The Coroners Court
90. Where and when Coroners Court to be held
91. State Coroner
92. Deputy State Coroner
93. Assignment of magistrates and acting magistrates to be coroners
94. Acting coroners
95. Oath of office
96. Assignment of duties
97. Registrars of the Coroners Court and the chief executive officer
98. Functions of registrars
99. Delegation from the State Coroner to a registrar
100. Delegation from State Coroner to a coroner
101. Protection of coroners and registrars
102. Annual report
Division 2--Contempt of Court
103. Contempt
104. Appeal from finding of contempt
Division 3--Rules of Court and practice notes
105. Rules of the Coroners Court
106. Disallowance
107. Practice notes
Division 4--Miscellaneous
108. Professional development and training
PART 9--CORONIAL COUNCIL OF VICTORIA
109. Coronial Council of Victoria
110. Function of the Council
111. Members of the Council
112. Procedure at meetings
113. Annual report
PART 10--GENERAL
114. Return and possession of things
115. Access to documents
116. Registers to be kept by principal registrar
117. Regulations
118. Fees
119. Transitional and saving provisions
PART 11--AMENDMENT OF CORONERS ACT 1985 AND CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of Coroners Act 1985
120. Change of name of Act
121. Amendment of purpose of Act
122. Definitions
123. Repeal of various Parts and provisions
124. Establishment and objects of the Institute
125. Functions of the Institute
126. New section 71A inserted
127. Director's duties relating to autopsies
128. Repeal of Division
Division 2--Consequential Amendments
129. Consequential amendments
130. Repeal of Division and Schedule 2
SCHEDULE 1
SCHEDULE 2
ENDNOTES
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