Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 1
Sch. 1
SAVING AND TRANSITIONAL PROVISIONS
1 Definitions
In this Schedule—
"commencement day" means 1 November 2009;
new Act means the Coroners Act 2008 ;
"old Act" means the Coroners Act 1985 as in force on 31 October 2009.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.
(3) This Schedule applies despite anything to the contrary in any other provision of the new Act.
3 Superseded reference
(1) On and from the commencement day, a reference to the old Act in any Act or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the new Act unless—
(a) the reference is to Part 9 of the old Act; or
(b) the context otherwise requires.
(2) On and from the commencement day, a reference to Part 9 of the old Act in any Act, or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the Victorian Institute of Forensic Medicine Act 1985 .
(3) In this clause, a reference to "any Act" does not include a reference to this Act or a provision of the Coroners Act 1985 continued by this Act.
4 Re-enacted provisions
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A provision or provisions of the old Act specified in Column 1 of the Table are deemed to be re-enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table.
|
Old provision |
New provision |
|---|---|
|
Sections 10 to 12 | |
|
Section 13A | |
|
Sections 14(2) and 39 | |
|
Section 52(5) and 52(6) | |
|
Sections 26(1) to (4) | |
|
Sections 27(1A) and 27(2) | |
|
Sections 28(1) and 28(2) | |
|
Old provision |
New provision |
|
Section 41(1) to (4) |
A medical investigator may perform a preliminary examination under the new Act on a body that was provided to the medical investigator under the old Act before the commencement day to enable an examination of the body to be performed.
6 Directions made under old Act
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1
On and from the commencement day, directions made by—
(a) the Attorney-General under sections 17(1), 25(2), 31(2) and 34 of the old Act; or
(b) the State Coroner under the sections 15A, 16, 17(1), 24, 33 or 34(2), of the old Act—
cease to have effect unless clause 7 applies.
7 Inquest commenced under old Act
(1) Subject to clause 10, if the hearing of an inquest has begun under the old Act and the inquest is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the inquest.
(2) Despite subclause (1), the findings of an inquest completed under that subclause are deemed to be findings made under section 67 or 68 (as appropriate) of the new Act.
(3) If, on and from the commencement day, an inquest is to proceed under this clause as if the new Act has not commenced, the old Act is to be read as follows—
(a) a reference to a coroners clerk is to be read as a reference to a registrar within the meaning of the new Act;
(b) a reference to a coroner is to be read as a reference to a coroner within the meaning of the new Act;
(c) a reference to the State Coroner is to be read as a reference to the State Coroner within the meaning of the new Act;
(d) a reference to the Deputy State Coroner is to be read as a reference to the Deputy State Coroner within the meaning of the new Act.
8 Applications commenced under old
Act
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(1) Subject to clause 10, if a hearing of an application to the Supreme Court has begun under section 18, 28, 29, 30, 35, 59 or 59B of the old Act and the application is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the application.
(2) Despite subclause (1), the determination of the application by the Supreme Court under that subclause is deemed to be a determination of the Supreme Court under section 87 of the new Act.
9 Documents
(1) Documents held by the State Coroner's Office immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court.
(2) Documents on a coroner's file or record (within the meaning of section 51 of the old Act) immediately before the commencement day are, on and from the commencement day, deemed to be held by the Coroners Court.
(3) Any other documents held by a coroner immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court.
(4) This clause does not apply to documents relating to—
(a) an inquest being heard under clause 7; or
(b) an application being heard under clause 8—
until the inquest is completed or the application is determined.
10 Release of documents on coroner's
existing file to be subject to new Act
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Despite clauses 7 and 8, on and from the commencement day, documents on a coroner's file or record within the meaning of section 51 of the old Act may only be released in accordance with—
(a) the new Act; or
(b) a law other than section 51 of the old Act.
11 Release of body
A certificate issued by a coroner under section 23 of the old Act is, on and from the commencement day, taken to be an order made by a coroner under section 47 of the new Act.
12 Objections to autopsy
On and from the commencement day—
(a) a request under section 29(1) of the old Act is taken to be a request under section 26(2) of the new Act;
(b) a notice under section 29(1) of the old Act is taken to be a notice under section 26(3) of the new Act.
13 Exhumations
Subject to clause 8, on and from the commencement day, an order made under section 30 of the old Act is taken to be an authorisation under section 46 of the new Act.
14 Return and possession of things
On and from the commencement day, section 114 of the new Act applies to any thing taken into possession under section 26 of the old Act and still in the possession of a coroner immediately before the commencement day.
15 State Coroner and Deputy State Coroner
(1) A judge of the County Court who held the office of State Coroner immediately before the commencement day —
(a) holds, on and from the commencement day, the office of State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and
(b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act.
(2) A magistrate who held the office of Deputy State Coroner immediately before the commencement day—
(a) holds, on and from the commencement day, the office of Deputy State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and
(b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act.
16 Coroners
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(1) Any person who was a magistrate or acting magistrate and who held the office of coroner immediately before the commencement day is, on and from the commencement day, deemed—
(a) to be a coroner jointly assigned by the State Coroner and Chief Magistrate under section 93 of the new Act; and
(b) to have taken an oath of office under section 95 of the new Act.
(2) Any person who was not a magistrate or acting magistrate and held the office of coroner immediately before commencement day is, on and from the commencement day, deemed—
(a) to be a coroner within the meaning of this Act; and
(b) to hold the office of coroner on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act as if the new Act had not commenced; and
(c) to have taken an oath of office under section 95 of the new Act.
17 Depositions
For the purposes of section 55AB of the Evidence Act 1958 , any deposition taken by a coroner under section 15 of the Coroners Act 1958 or section 57 of the old Act is, on and from the commencement day, taken to be a deposition taken by a coroner under section 63 of the new Act.
18 Consultative Council on Obstetric
and Paediatric Mortality and Morbidity
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If section 44 of the Public Health and Wellbeing Act 2008 is not in operation on the commencement day, section 49 of this Act applies until the commencement of that section 44 as if—
(a) a reference to the Public Health and Wellbeing Act 2008 were a reference to the Health Act 1958 ; and
(b) a reference to section 46(3) of the Public Health and Wellbeing Act 2008 were a reference to section 162F(1)(a) of the Health Act 1958 .
19 Regulations dealing with transitional matters
The Governor in Council may make regulations in relation to any matters of a savings or transitional nature that may arise out of the enactment of this Act or amendments made by this Act.
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