Version Incorporating Amendments As at 23 October 2002

Version No. 040

Coroners Act 1985

Act No. 10257/1985

Version incorporating amendments as at 23 October 2002

table of provisions

Section Page

iii

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1

2. Commencement 1

3. Definitions 1

4. Common law rules to cease to have effect 6

5. Application of Act 6

part 2—coroners 8

6. State Coroner and Deputy State Coroner 8

7. Functions of State Coroner 8

8. Coroners 9

9. Conditions 9

10. Delegation 10

PART 3—CORONER'S CLERKS 11

11. Employment of coroner's clerks 11

12. Functions of coroner's clerks 11

PART 4—REPORTING OF DEATHS 12

13. Obligation to report death 12

14. Information to coroner 13

PART 5—INVESTIGATION OF DEATHS 14

Division 1—General Powers and Duties of Coroners 14

15. Jurisdiction of coroners to investigate a death 14

16. Directions by State Coroner 14

17. Jurisdiction of coroner to hold inquest into a death 14

18. Application for inquest into death 16

18A. Apology or reduction or waiver of fees 17

19. Findings and comments of coroner 17

20. Record of findings and comments 18

21. Reports 18

22. Notification of reported deaths to Registrar of Births, Deaths
and Marriages 19

23. Certificate of burial etc. 19

24. Control of body 19

25. Aid to coroners in other places 20

Division 2—Powers of Investigation 20

26. Powers of entry, inspection and possession 20

27. Autopsies 21

28. Application for autopsy 21

29. Objections to autopsy 22

30. Exhumation 23

PART 6—INVESTIGATION OF FIRES 25

Division 1—General Powers and Duties of Coroners 25

31. Jurisdiction of coroner to investigate a fire 25

32. Application for investigation into a fire 25

33. Directions by State Coroner 25

34. Jurisdiction of coroner to hold inquest into a fire 25

35. Application for an inquest into a fire 26

36. Findings and comments of coroner 26

37. Record of findings and comments 27

38. Reports 27

39. Police to report information to coroner 27

Division 2—Powers of Investigation 28

40. Restriction of access to fire area 28

41. Powers of entry, inspection and possession 28

PART 7—INQUESTS INTO DEATHS AND FIRES 30

42. Advertisement of an inquest 30

43. Two or more deaths or fires 30

44. Rules of evidence not applicable 30

45. Rights of interested persons 30

46. Powers of coroners at an inquest 32

47. Exclusion from an inquest 33

48. Interruption of an inquest 33

49. Power of coroner to award costs 33

50. Enforcement of awards of costs 34

51–56. Repealed 34

57. Record of evidence 34

58. Restriction on publication of reports 35

59. New inquests and re-opening of inquests 35

59A. Re-opening by State Coroner of inquests in certain
circumstances 35

59B. Refusal of State Coroner to re-open inquest 35

PART 8—MISCELLANEOUS 35

60. Obstruction 35

61. Protection from legal proceedings 35

62. Coroner not to be called as witness 35

62A. Supreme Court—Limitation of jurisdiction 35

63. Regulations 35

PART 9—VICTORIAN INSTITUTE OF FORENSIC medicine 35

64. Establishment and objects of the Institute 35

65. The Institute to be a body corporate 35

66. Functions of the Institute 35

66A. Powers of the Institute 35

67. The Council 35

68. Director 35

69. Members of the Council 35

70. Procedure of the Council 35

71. Officers of the Institute 35

72. Director may act as consultant 35

73. Director's duties relating to autopsies 35

74. Change in Institute's name 35

75. Validation of past conduct of the Victorian Institute of
Forensic Medicine 35

PART 10—transitional 35

76. Transitional provisions 35

77–93. Repealed 35

═══════════════

ENDnotes 35

1. General Information 35

2. Table of Amendments 35

3. Explanatory Details 35

iii

Version No. 040

Coroners Act 1985

Act No. 10257/1985

Version incorporating amendments as at 23 October 2002

Part 8—Miscellaneous

Coroners Act 1985

Act No. 10257/1985

Part 1—Preliminary

1. Purpose

The purpose of this Act is to—

(a) establish the office of State Coroner;

(b) require the reporting of certain deaths;

S. 1(d) amended by No. 25/1995
s. 8(a).

(d) establish the Victorian Institute of Forensic Medicine.

2. Commencement

This Act comes into operation on a day or days to be proclaimed.

S. 3 amendedby No.27/2001 s.6(Sch.4 item2.2) (ILA s. 39B(1)).

3. Definitions

(1) In this Act—

"coroner" includes the State Coroner and the Deputy State Coroner;

"Council" means the Council of the Institute;

"death" includes suspected death;

"Director" means the Director of the Institute and includes a person appointed to act as Director;

S. 3(1) def. of "doctor" amended by No. 23/1994
s. 118(Sch. 1 item 13.1).

"doctor" means a registered medical practitioner within the meaning of the Medical Practice Act 1994;

S. 3(1) def. of "domestic partner" insertedby No.27/2001 s.6(Sch.4 item2.1).

"domestic partner" of a person means an adult person, to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(a) for fee or reward; or

s. 3

(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of "government body" inserted by No. 25/1995
s. 8(b), amended by No. 46/1998
s. 7(Sch. 1).

"government body" means—

(a) a department within the meaning of the Public Sector Management and Employment Act 1998 or an office specified in section 16(1) of that Act;

(b) a public statutory authority; or

(d) a corporation which is substantially owned or effectively controlled by the state; or

(e) any other body whether incorporated or not incorporated which is supported directly or indirectly by government funds;

"inquest" includes a formal hearing;

S. 3(1) def. of "Institute" amended by No. 25/1995 s.8(c).

"Institute" means the Victorian Institute of Forensic Medicine;

"investigation" includes an inquest;

S. 3(1) def. of "legal practitioner" inserted by No. 7/1999 s.4(a).

"legal practitioner" has the same meaning as in the Legal Practice Act 1996, but does not include an incorporated practitioner;

s. 3

"pathologist" means a doctor with a qualification in pathology recognized by the National Specialist Qualification Advisory Committee of Australia;

S. 3(1) def. of "person held in care" amended by Nos 49/1988 s.200, 98/1995
s. 65(Sch. 1 item 2), 45/1996 s.18(Sch. 2 item 4.1), 46/1998
s. 7(Sch. 1), 7/1999 s.4(b), 45/2001 s. 39.

"person held in care" means—

(a) a person under the control, care or custody of the Secretary to the Department of Human Services; or

(ab) a person—

(i) in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police; or

(ii) in the custody of a member of the police force; or

(iii) in the custody of a protective services officer appointed under the Police Regulation Act 1958; or

(b) a patient in an assessment or treatment centre under the Alcoholics and Drug-dependent Persons Act 1968; or

"prescribed" means prescribed by the regulations;

S. 3(1) def. of "public statutory authority" inserted by No. 7/1999 s.4(a).

"public statutory authority" means any public body constituted or established for a public purpose by or under an Act;

s. 3

S. 3(1) def. of "reportable death" amended by Nos 23/1994
s. 118(Sch. 1 item 13.2), 43/1996
s. 65(Sch.
item 5.1), 7/1999 s.4(c).

"reportable death" means a death—

(a) where the body is in Victoria; or

(b) that occurred in Victoria; or

(d) of a person who ordinarily resided in Victoria at the time of death—

being a death—

(e) that appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from accident or injury; or

(f) that occurs during an anaesthetic; or

(g) that occurs as a result of an anaesthetic and is not due to natural causes; or

(h) that occurs in prescribed circumstances; or

(i) of a person who immediately before death was a person held in care; or

(ia) of a person under the control or care of the Secretary to the Department of Justice or a member of the police force; or

(ib) of a person in respect of whom a court has made a non-custodial supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(j) of a person whose identity is unknown; or

(k) that occurs in Victoria where a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed; or

s. 3

(l) that occurs at a place outside Victoria where the cause of death is not certified by a person who, under the law in force in that place, is authorised to certify that death;

S. 3(1) def. of "spouse" insertedby No.27/2001 s.6(Sch.4 item2.1).

"spouse" of a person means a person to whom that person is married;

S. 3(1) def. of "tissue" inserted by No. 7/1999 s.4(a).

"tissue" has the same meaning as in the Human Tissue Act 1982.

S. 3(2) insertedby No.27/2001 s.6(Sch.4 item2.2).

(2) For the purposes of the definition of "domestic partner" in sub-section (1)—

(a) in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;

(b) a person is not a domestic partner of another person only because they are co-tenants.

4. Common law rules to cease to have effect

s. 4

A rule of the common law that, immediately before the commencement of this section, conferred a power or imposed a duty on a coroner or a coroner's court ceases to have effect.

S. 5
amended by No. 7/1999 s.5 (ILA s.39B(1)).

5. Application of Act

(1) The Coroners Act 1958 as in force immediately before the commencement of this section continues to apply to deaths and fires reported to a coroner before the commencement of this section.

S. 5(2) inserted by No. 7/1999 s.5.

(2) Despite sub-section (1), if an inquest has been held or completed by a coroner under the Coroners Act 1958, an application cannot be made under section 10 of that Act for an order quashing the inquisition on that inquest but a person may apply under section59 of this Act for an order that some or all of the findings of the inquest are void.

S. 5(3) inserted by No. 7/1999 s.5.

(3) Despite sub-section (1), the Supreme Court has jurisdiction under section 59 of this Act in respect of an inquest—

(a) concerning the manner of the death of any person; or

(b) into the cause and origin of any fire—

held under the Coroners Act 1958 and, if the Supreme Court makes an order under section 59(2) of this Act, this Act applies to—

(d) the re-opened inquest—

s. 5

into the death or fire.

______

Part 2—Coroners

6. State Coroner and Deputy State Coroner

s. 6

S. 6(1) amended by No. 16/1986 s.30(Sch.).

(1) The Governor in Council may appoint a judge of the County Court, a magistrate or a barrister and solicitor as the State Coroner or as the Deputy State Coroner.

(2) Appointment as the State Coroner or the Deputy State Coroner does not affect—

S. 6(2)(a) amended by No. 16/1986 s.30(Sch.).

(a) the tenure of office of a judge or a magistrate; or

(b) any right or privilege of the holder of an office of judge.

(3) Service by a judge as the State Coroner or the Deputy State Coroner shall be taken to be service as a judge of the County Court.

(4) The Deputy State Coroner is to act as State Coroner when the State Coroner is absent from duty or the office of State Coroner is vacant and when acting has all the powers and duties of the State Coroner.

7. Functions of State Coroner

The functions of the State Coroner are as follows—

(a) to ensure that a State coronial system is administered and operated efficiently;

(b) to oversee and co-ordinate coronial services;

(d) to ensure that an inquest is held whenever it is desirable to do so;

(e) to issue guidelines to coroners to help them carry out their duties;

(f) such other functions as are conferred or imposed on the State Coroner under this Act.

S. 8
amended by Nos 57/1989
s. 3(Sch. item 34.1), 64/1996 s. 11.

8. Coroners

s. 8

The Governor in Council may appoint magistrates, acting magistrates and barristers and solicitors as coroners.

9. Conditions

S. 9(1) amended by Nos 22/1995 s.28, 4/2002 s.12(2).

(1) A coroner holds office on the terms and conditions in the instrument of appointment and is entitled to be paid the salary at the rate specified in the instrument or at such higher rate as is for the time being applicable under an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995, together with allowances so specified, as adjusted from time to time under that Act.

S. 9(2) amended by No. 25/1995 s.11(a), substituted by No. 46/1998
s. 7(Sch. 1).

(2) For the purpose of long service leave, a coroner who, immediately before appointment, was an employee under Part 3 of the Public Sector Management and Employment Act 1998 must, subject to that Act, be taken to continue to be an employee under that Act during the period of office as a coroner.

S. 9(3) amended by No. 50/1988 s.93(2)(Sch. 2 Pt 2 item 6).