Victorian Numbered Acts

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CORONERS ACT 2008 (NO. 77 OF 2008) - SECT 115

Access to documents

    (1)     Unless otherwise ordered by the coroner, the principal registrar must provide—

        (a)     the senior next of kin of a deceased person with any reports given to a coroner as result of a medical examination performed on the deceased;

        (b)     an interested party with a copy of the inquest brief.

    (2)     A coroner may also release a document to—

        (a)     an interested party if the coroner is satisfied that the party has a sufficient interest in the document;

        (b)     a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;

        (c)     a member of the police force for law enforcement purposes;

        (d)     a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;

        (e)     any person if the coroner is satisfied that the release is in the public interest;

        (f)     a person specified in the rules as being a person to whom documents may be released.

    (3)     A coroner may impose conditions on the release of any document under subsection (1) or (2).

    (4)     A person to whom a document has been released under this section must comply with any condition placed on that release.

Penalty:     60 penalty units.

    (5)     A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.

Penalty:     60 penalty units.

    (6)     A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.

    (7)     In this section," inquest brief" means a brief of evidence that is prepared for an inquest and contains the following (if available)—

        (a)     a statement of identification by an appropriate person;

        (b)     any reports given to a coroner as a result of a medical examination;

        (c)     reports and statements that the coroner investigating the death or fire believes are relevant to an inquest;

        (d)     other evidentiary material that the coroner investigating the death or fire believes is relevant to the inquest;

        (e)     any material prescribed by the rules or the regulations.

    (8)     For the purposes of subsection (7), an inquest brief does not include any part of a medical file that the coroner considers to be irrelevant to the inquest.



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