Victorian Numbered Acts

CORONERS ACT 2008 (NO. 77 OF 2008) - NOTES

No. 77 of 2008

__________________

Victoria

Coroners Act 2008^[†]

No. 77 of 2008

[Assented to 11 December 2008]

Preamble

The coronial system of Victoria plays an important role in Victorian society. That role involves the independent investigation of deaths and fires for the purpose of finding the causes of those deaths and fires and to contribute to the reduction of the number of preventable deaths and fires and the promotion of public health and safety and the administration of justice.

This role will be enhanced by creating a Coroners Court and setting out the role of the Coroners Court and the coronial system and the procedures for coronial investigations.

The Parliament of Victoria therefore enacts:

^[†]     Minister's second reading speech—

    Legislative Assembly: 9 October 2008

    Legislative Council: 13 November 2008

    The long title for the Bill for this Act was "A Bill for an Act to require the reporting of certain deaths, to provide for the investigation of deaths and fires by coroners in certain circumstances with the intention of finding the causes of deaths and fires and contributing to the reduction of the number of preventable deaths and fires, to establish the Coroners Court of Victoria and the Coronial Council of Victoria, to amend the Coroners Act 1985 to repeal the provisions relating to coroners and to rename that Act to continue to provide for the Victorian Institute of Forensic Medicine, to make consequential amendments to other Acts and for other purposes."

INDEX

Subject	Section
Act
amendment of Coroners Act 1985	120–127
amendment of other Acts	129, Sch. 2
commencement	2
objectives	6-9
purposes	1
regulations	117
repeal of Div. 1 of Part 11	128
repeal of Div. 2 of Part 11, Sch. 2	130
saving and transitional provisions	119, Sch. 1
Apologies	70
Arrest warrants	59, 103
Attorney-General
powers, functions regarding
acting coroners	94
annual reports	102, 113
appointment of State Coroner	91
Coronial Council of Victoria	110, 111
Deputy State Coroner	92
inquests	66
reports of investigations to	72
Autopsies
appeals to Supreme Court	79, 88
definition	3
direction to perform	25, 26
information to be given to medical investigators	29
objections	26
purpose	25
removal, preservation of tissue	28
request for	27
Certificates	57
Chief Commissioner of Police	37, 38, 111
Children	3, 13
See also Reviewable deaths
Consultative Council on Obstetric and Paediatric Mortality and Morbidity	49
Coroners
acting coroners	94
assignment of magistrates as	93
definition	3
Deputy State Coroner	3, 92
jurisdiction, powers, duties regarding
arrest warrants	59
awards of costs	74
control of body	22
release of body	47, 48
reported deaths	16
return, possession of things	114
Subject	Section
oath of office	95
protection from legal proceedings	101
See also Inquests; Investigations of deaths; Investigation of fires; State Coroner
Coroners Court
Chief Executive Officer	97
contempt	103, 104
definition	3
establishment	89
powers, orders regarding
correction of errors in coroners' findings, recommendations, comments	76
re-opening of investigations	77
setting aside coroners' findings	77
practice notes	107
registrars, Principal Registrar	97
rules	105, 106
sitting	90
Coronial Council of Victoria
annual report	113
Chairperson	111, 112
Council (def.)	3
establishment	109
function	110
membership	111
procedure	112
Country Fire Authority	3, 30, 35
Death (def.)	3
See also Inquests; Investigations; Reportable deaths; Reviewable deaths
Definitions	3, 4, 5, 11, 37, 70, 115, Sch. 1
Director of Public Prosecutions	49, 60
Entry powers	39–41
Evidence	57, 62, 63
Exhumations	43–46, 81, 88
Fees	70, 117, 118
Fires See Inquests; Investigations of fires
Immediate family (def.)	3
Inquests
access to documents regarding	115
advertising of	61
appeals	82
assistance during	60
conduct	62, 65
coroners' powers regarding summonses, warrants	55, 59
costs	74
definition	3
effect of certain criminal charges on holding of	71
into deaths	52
into fires	53
privilege regarding self-incrimination	57
protection of lawyers, witnesses, interested parties	75
Subject	Section
publication of findings, comments, recommendations	73
record of evidence	63
requests for	52, 53
restrictions on publication of reports	73
rights of interested parties	3, 56, 66
two or more deaths or fires	54
witnesses	64
Inspection powers	39
Institute See Victorian Institute of Forensic Medicine
Investigations of deaths
apology, waiver of fees not admission of guilt	70
appeals	83
control of body during	22
coroners' findings, comments	67, 69, 77
coroners' jurisdiction, grounds for holding	14, 15
coroners' powers of entry, inspection, possession	39–41
coroners' recommendations	72
discontinuation of	16, 20
identification directions	24
information relevant to	33, 36
notification of coroner's findings	49
preliminary examinations	3, 23
provision of information regarding	21
release of documents	115
reports	72
request for documents, statements	42
restriction of access to place death occurred	37
See also Inquests
Investigations of fires
apology, waiver of fees not admission of guilt	70
appeals	83
applications	31
coroner's findings	68, 69, 77
coroners' powers of entry, inspection, possession	39–41
coroners' recommendations	72
information relevant to	34–36
notification of Director of Public Prosecutions of findings	49
release of documents	115
reports	72
request by fire authorities for	30
request for documents, statements	42
restriction of access to fire area	38
See also Inquests
Legal professional privilege	58
Magistrates' Court Act 1989	59, 103
Medical investigators	3, 17
Metropolitan Fire and Emergency Services Board	3, 30, 35
Next of kin See Senior next of kin
Subject	Section
Offences
regarding
contempt	103
documents, prepared statements	42, 115
failure to give assistance, information to coroners	32
failure to report reportable, reviewable deaths	10-13
investigations	33, 34
non-compliance with directions	40
publication of reports	73
restricted access areas	37, 38
Parents (def.)	3
Pathologists	3, 25
Persons placed in custody or care	3, 11
Police	60
obligations regarding
assistance to coroners	60
information to coroner	36
report death of person placed in custody	11
powers of entry, search, inspection and possession	39–41
Registered medical practitioners	3, 10, 13, 33
Registers	116
Registrar of Births, Deaths, Marriages	17, 49
Registrars
appointment	97
functions	98
powers, duties regarding
fees	118
principal registrar's powers, duties
notification of coroner's findings	49
provision of information to Institute	18
provision of information to medical investigators	29
refund, reduction, waiver of fees	118
registers	116
release of reports, documents	115
protection from legal proceedings	101
Regulations	117
Reportable deaths
control of body	22
definition	4
determination that death not reportable	16
information for coroner	32
investigation not required for certain	17
obligation to report	12
See also Inquests; Investigations of deaths; Investigations of fires
Reviewable deaths
control of body	22
definition	5
determination that death not reviewable	20
information for coroner	32
investigation by, referral to Institute	18
Subject	Section
investigation by State Coroner	19
obligation to report	13
of children	5
Self-incrimination
privilege regarding	57
protection against	50
Senior next of kin
access to documents	115
definition	3
appeals, notification of exhumations	45, 46, 81
appeals, objections to autopsy	26, 79
provision of coronial process information to	21
release of body to	48
Siblings (def.)	3
State Coroner
appointment	91
definition	3
delegation to coroners, Deputy State Coroner	100
delegation to registrars	99
Deputy State Coroner (def.)	3
functions, directions, powers regarding
aid to coroners of other States, Territories	51
annual report	102
assignment of coroners, duties	93, 96
exhumations	43–46
investigation of reviewable deaths	18–20
practice notes for Coroners Court	107
professional development, training of registrars	108
qualifications of registrars	97
rules of Coroners Court	105
Supreme Court
jurisdiction, orders regarding
appeals on questions of law	87
autopsies	79, 88
coroners' findings	83, 84
exhumations	81, 88
extension of time to appeal	86
fires	80
inquests	82
release of bodies	85, 88
reportable deaths	78
Tissue preservation	3, 28
Transitional provisions	119, Sch. 1
Victorian Institute of Forensic Medicine	3, 18
Witnesses	57, 64, 66, 75