Coroners Act 2008 (Vic)

Version No. 043

Coroners Act 2008

No. 77 of 2008

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Reportable death

5Reviewable death

Part 2—Objectives

6Role of objectives

7Avoiding unnecessary duplication

8Factors to consider for the purposes of this Act

9Fairness and efficiency of coronial system

Part 3—Reporting of deaths

10Obligation of registered medical practitioner to report death

11Obligation to report death of a person placed in custody or care

12General obligation to report death

13Obligation to report reviewable death

Part 4—Investigation of deaths and fires

Division 1—Investigation of deaths

14Deaths a coroner may investigate

15Deaths a coroner must investigate

15APower to direct coronial investigator

16Determination by coroner that reported death not a reportable death

16AInvestigations and Aboriginal ancestral remains

17Certain reportable deaths do not require investigation

18Reviewable deaths may be referred to the Institute

19State Coroner may investigate a reviewable death

20Determination by State Coroner that death not a reviewable death

21Providing relevant persons with coronial process information

22Control of the body

23Preliminary examinations

24Identification directions

25Autopsies

26Objections to autopsy

27Request for autopsy

28The removal of tissue and preserving material

29Provision of relevant information by principal registrar

29APrincipal registrar to provide certain information to VIFM

Division 2—Investigation of fires

30Fire authority request for fire investigation

31Application for investigation into a fire

Division 3—Assistance to coroner in investigation

32Person who made report of death to assist

33Registered medical practitioner to assist

34Person who asks for investigation of fire to assist

35Fire authority to assist

36Assistance from police

Division 4—Powers relating to investigation

37Restriction of access to place where death occurred or caused or may occur

38Restriction of access to fire area

39Powers of entry, search, inspection and possession

40Power to direct person to produce documents, operate equipment on entry

41Other powers on entry to premises

42Documents and prepared statements required by coroner

42APrivileges in relation to investigations

Division 5—Exhumation

43Application for exhumation

44Power to authorise exhumation

45Notice of intention to authorise exhumation

46Authorisation of exhumation

Division 6—General

47Release of body

48Application to coroner for release of body

49Notices and provision of information by principal registrar

50Protection against self-incrimination

51Aid to coroners in other places

Part 5—Inquests into deaths and fires

Division 1—Types of inquests

52Inquest into a death

53Inquest into a fire

54Inquest into multiple deaths and fires

Division 2—Powers of coroners at inquests

55Coroners' powers at inquests

56Interested party

57Privilege in respect of self-incrimination in other proceedings

58Privileges in relation to inquests

59Issue of warrant to arrest

60Coroner may be assisted

Division 3—Process at inquest

61Advertisement of an inquest

62Coroner not bound by rules of evidence

63Record of evidence

64Witnesses to be called and relevant issues

65Inquest to be conducted with little formality

66Rights of interested parties

Part 6—Findings, recommendations and referrals

67Findings of coroner investigating a death

68Findings of coroner investigating a fire

69Findings not to contain statement regarding guilt

70Apology or reduction or waiver of fees

71Findings not required if inquest not held or discontinued

72Reports and recommendations

73Publication of findings and reports

74Power of coroner to award costs

74APower of coroner to pay witness allowances and expenses

75Legal protection of Australian lawyers, witnesses and interested parties

76Correction of errors

76AAmendment of wording of decision

77Re-opening an investigation or setting aside a finding

Part 7—Appeals to Supreme Court

78Appeal in relation to determination that death not a reportable death

79Appeals in relation to autopsy

80Appeal in relation to determination of coroner not to investigate a fire

81Appeal in relation to exhumation

82Appeal in relation to determination not to hold an inquest

83Appeal against findings of coroner

84Appeal against refusal by Coroners Court to re‑open investigation

85Appeal against order to release body

86Supreme Court may grant an extension of time

87Appeal to Supreme Court

87AAppeal to Supreme Court in the interests of justice

88Determinations of Supreme Court

Part 8—The Coroners Court

Division 1—Establishment of Coroners Court of Victoria

89The Coroners Court

90Where and when Coroners Court to be held

91State Coroner

92Deputy State Coroner

93Assignment of magistrates and reserve magistrates to be coroners

94Appointment of coroners

95Oath or affirmation of office

95AAdministrative responsibility of State Coroner

96Assignment of duties

97Registrars of the Coroners Court and the chief executive officer

98Functions of registrars

99Delegation from the State Coroner to a registrar

100Delegation from State Coroner to a coroner

101Protection of coroners and registrars

101AConstitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances

102Annual report

102AACoroners Court may issue or transmit court documents electronically

Division 1A—Judicial registrars

102AAssignment of duties

102BGuidelines relating to the appointment of judicial registrars

102CRecommendations for appointment of judicial registrars

102DAppointment by Governor in Council

102ERemuneration and terms and conditions of appointment

102EAOath or affirmation of office

102FResignation from office

102JPerformance of duties by judicial registrar

102KAppeal from or review of decisions of judicial registrar

Division 1B—Reserve coroners

102LAppointment of reserve coroners

102MCessation of office

102NState Coroner may engage reserve coroner to undertake duties of coroner

102OPowers, jurisdiction, immunities and protection of reserve coroner

102PEngaging in legal practice or other paid employment

102QSalary, allowances and other conditions of service of reserve coroners

102RAppropriation of certain amounts in relation to reserve coroners

102SPower to complete matters—coroners and reserve coroners

Division 1C—Victorian Systemic Review of Family Violence Deaths unit

102TDefinitions

102UEstablishment of the VSRFVD

102VMembership of the VSRFVD

102WFunctions of the VSRFVD

Division 2—Contempt of Court

103Contempt

104Appeal from finding of contempt

Division 3—Rules of Court and practice notes

105Rules of the Coroners Court

106Disallowance

107Practice notes

Division 4—Miscellaneous

108Professional development and training

108AState Coroner may enter into service agreements

Part 9—Coronial Council of Victoria

109Coronial Council of Victoria

110Function of the Council

111Members of the Council

112Procedure at meetings

113Annual report

Part 10—General

114Return and possession of things

115Access to documents

116Registers to be kept by principal registrar

117Regulations

118Fees

118AReview of amendments made by Part 3 of the Justice Legislation Miscellaneous Amendment Act 2018

119Transitional and saving provisions

120Transitional provision—Courts Legislation Miscellaneous Amendments Act 2014

121Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

122Transitional provision—Justice Legislation Amendment Act 2023

Schedules

Schedule 1—Saving and transitional provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 043

Coroners Act 2008

No. 77 of 2008

Version incorporating amendments as at

1 July 2025

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:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to require the reporting of certain deaths; and

(b)to provide for coroners to investigate deaths and fires in specified circumstances; and

(c)to contribute to the reduction of the number of preventable deaths and fires through the findings of the investigation of deaths and fires, and the making of recommendations, by coroners; and

(d)to establish the Coroners Court of Victoria as a specialist inquisitorial court; and

(e)to establish the Coronial Council of Victoria; and

*                *                *                *                *

(g)to make consequential amendments to other Acts.

2Commencement

This Act comes into operation on 1 November 2009.

3Definitions

(1)In this Act—

Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006;

Aboriginal Heritage Council means the Council within the meaning of the Aboriginal Heritage Act 2006;

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autopsy means—

(a)the dissection of a body (including the removal of tissue); or

(b)any other prescribed procedure in relation to a body—

but does not include—

(c)a preliminary examination; or

(d)an identification procedure;

body means—

(a)the corpse of a human being; or

(b)a part or parts of the corpse or remains of a human being—

but does not include tissue removed from the corpse of a human being;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person under the age of 18 years;

coroner means—

(a)the State Coroner, including a person acting under section 12H of the County Court Act 1958;

(b)the Deputy State Coroner;

(c)a magistrate or reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 assigned to be a coroner of the Coroners Court under section 93;

(d)a person appointed as a coroner of the Coroners Court under section 94;

(e)a reserve coroner who is engaged under section 102N to perform the duties of a coroner during any period of engagement or acting under section 102S;

Coroners Court means the Coroners Court of Victoria;

coronial investigator means a police officer who is nominated by the Chief Commissioner of Police to assist a coroner in relation to an investigation into a reportable death;

Council means the Coronial Council of Victoria established under Part 9;

Country Fire Authority means the Country Fire Authority established under the Country Fire Authority Act 1958;

death includes suspected death;

Notes

1     A still-birth, within the meaning of the Births, Deaths and Marriages Registration Act 1996, is not a death.

2 See section 41 of the Human Tissue Act 1982 for a definition of death for the purposes of the law of Victoria.

Deputy State Coroner means the Deputy State Coroner of the Coroners Court appointed under section 92;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)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—

(i)for fee or reward; or

(ii)on behalf of another person

or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

identification direction means a direction given by a coroner under section 24;

identification procedure means any procedure performed in accordance with an identification direction;

immediate family in relation to a deceased person, means spouse, domestic partner, son, daughter, parent, sibling, executor, personal representative or a person determined to be the senior next of kin under subsection (3);

inquest means a public inquiry that is held by the Coroners Court in respect of a death or a fire;

Institute means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 2024;

interstate coroner means a coroner of another State or Territory;

interested party in relation to an inquest, means a person granted leave under section 56 to appear at the inquest;

judicial registrar means a judicial registrar of the Coroners Court appointed under Division 1A of Part 8;

medical examination means a preliminary examination, an identification procedure or an autopsy;

medical investigator means—

(a)the Institute; or

(b)a pathologist; or

(c)a registered medical practitioner under the general supervision of a pathologist;

medical procedure means a procedure performed on a person by or under the general supervision of a registered medical practitioner and includes imaging, internal examination and surgical procedure;

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parent, in relation to a child, includes—

(a)a step-parent;

(b)an adoptive parent;

(c)a foster parent;

(d)a guardian;

(e)a person who has custody or daily care and control;

(f)a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children;

pathologist means a prescribed registered medical practitioner;

person placed in custody or care means—

(a)a person for whom the Secretary to the Department of Human Services has parental responsibility under the Children, Youth and Families Act 2005; or

(b)a child placed in emergency care under the Children, Youth and Families Act 2005; or

(c)a person who is deemed to be in the legal custody of the Secretary to the Department of Human Services under section 483 of the Children, Youth and Families Act 2005; or

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

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

(f)a person in the custody of a police officer; or

(g)a person in the custody of a protective services officer; or

(h)a person detained in a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010;

(i)a patient detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or

(j)a person who a police officer or prison officer is attempting to take into custody or who is dying from injuries sustained when a police officer or prison officer attempted to take the person into custody; or

(k)a person in Victoria who is dying from an injury incurred while in the custody of the State; or

(l)a prescribed person or a person belonging to a prescribed class of person;

police officer has the same meaning as in the Victoria Police Act 2013;

preliminary examination in relation to a body means any of the following procedures—

(a)a visual examination of the body (including a dental examination);

(b)the collection and review of information, including personal and health information relating to the deceased person or the death of the person;

(c)the taking of samples of bodily fluid including blood, urine, saliva and mucus samples from the body (which may require an incision to be made) and the testing of those samples;

(d)the imaging of the body including the use of computed tomography (CT scan), magnetic resonance imaging (MRI scan), x-rays, ultrasound and photography;

(e)the taking of samples from the surface of the body including swabs from wounds and inner cheek, hair samples and samples from under fingernails and from the skin and the testing of those samples;

(f)the fingerprinting of the body;

(g)any other procedure that is not a dissection, the removal of tissue or prescribed to be an autopsy;

prescribed means prescribed by the regulations unless otherwise provided;

principal registrar means the principal registrar appointed under section 97;

protective services officer has the same meaning as in the Victoria Police Act 2013;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registrar means the principal registrar, a deputy registrar or a registrar referred to in section 97;

reportable death has the meaning given by section 4;

reserve coroner means a person appointed under section 102L;

reserve judge has the same meaning as it has in the County Court Act 1958;

reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;

reviewable death has the meaning given by section 5;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

senior next of kin in relation to a deceased person, means—

(a)if the person, immediately before death had a spouse or domestic partner—the spouse or domestic partner; or

(b)if the person immediately before death did not have a spouse or domestic partner or if the spouse or domestic partner is not available—a son or daughter of or over the age of 18 years; or

(c)if a spouse, domestic partner, son or daughter is not available—a parent; or

(d)if a spouse, domestic partner, son, daughter or parent is not available—a sibling who is of or over the age of 18 years; or

(e)if a spouse, domestic partner, son, daughter, parent or sibling is not available—a person named in the will as an executor; or

(f)if a spouse, domestic partner, son, daughter, parent, sibling or executor is not available—a person who, immediately before the death, was a personal representative of the deceased;

(g)if a spouse, domestic partner, son, daughter, parent, sibling, executor or personal representative is not available—a person determined to be the senior next of kin under subsection (3);

sibling in relation to a person includes a half‑brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the person;

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

State Coroner means the State Coroner of the Coroners Court appointed under section 91;

the rules means rules of the Coroners Court;

tissue has the same meaning as in the Human Tissue Act 1982;

VSRFVD means the Victorian Systemic Review of Family Violence Deaths unit established under section 102U.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship 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 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

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

(3)For the purposes of paragraph (g) of the definition of senior next of kin, a person is the senior next of kin if the coroner determines that the person should be taken to be the senior next of kin because of the closeness of the person's relationship with the deceased person immediately before his or her death.

(4)In this Act—

(a)a reference to a function includes a reference to a power and a duty; and

(b)a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

4Reportable death

(1)In this Act, a death of a person is a reportable death if—

(a)the body is in Victoria; or

(b)the death occurred in Victoria; or

(c)the cause of the death occurred in Victoria; or

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

and the death was a death specified in subsection (2).

(1A)If a determination is made under section 16(1A), that death is not a reportable death for the purposes of this Act on and from that determination.

(2)For the purposes of subsection (1), the deaths are—

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

(b)a death that occurs—

(i)during a medical procedure; or

(ii)following a medical procedure where the death is or may be causally related to the medical procedure—

and a registered medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or

(c)the death of a person who immediately before death was a person placed in custody or care; or

(d)the death of a person who immediately before death was a patient within the meaning of the Mental Health andWellbeing Act 2022; or

(e)the death of a person under the control, care or custody of the Secretary to the Department of Justice or a police officer; or

(f)the death of a person who is subject to a non‑custodial supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(g)the death of a person whose identity is unknown; or

(h)a death that occurs in Victoria if a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed and is not likely to be signed; or

(i)a death that occurs at a place outside Victoria if 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 and the cause of death is not likely to be certified by a person who is authorised to certify in that place; or

(j)a death—

(i)of a prescribed class of person;

(ii)that occurs in prescribed circumstances.

(3)Despite subsection (2), the death of a person who has been administered or self‑administered a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act2017 in accordance with that Act is not a reportable death.

Note

1.Section 14 includes a power for a coroner to investigate whether or not a death is a reportable death. If the death of a person is or may be due to the self-administration or administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 other than in accordance with that Act, the coroner could investigate the death under section 14.

2.Section 52(1) provides for a coroner to hold an inquest into any death that the coroner is investigating.

5Reviewable death

(1)In this Act, the death of a child (the deceased child) is a reviewable death if the deceased child is the second or subsequent child of the deceased child's parent to have died and one of the following applies—

(a)the body is in Victoria; or

(b)the death occurred in Victoria; or

(c)the cause of the death occurred in Victoria; or

(d)the child ordinarily resided in Victoria at the time of death.

(2)Despite subsection (1), a death of a deceased child is not a reviewable death if—

(a)the death occurs in a hospital; and

(b)the child was born at a hospital and had always been an in-patient of a hospital; and

(c)the death is not a reportable death.

(3)In this section—

hospital means a public hospital, a public health service, a denominational hospital or a private hospital within the meaning of the Health Services Act 1988;

in-patient of a hospital includes a child whose only period spent outside a hospital was during a transfer from one hospital to another, by whatever means.

PART 2—OBJECTIVES

6Role of objectives

The objectives in this Part are intended to give guidance in the administration and interpretation of this Act.

7Avoiding unnecessary duplication

It is the intention of Parliament that a coroner should liaise with other investigative authorities, official bodies or statutory officers—

(a)to avoid unnecessary duplication of inquiries and investigations; and

(b)to expedite the investigation of deaths and fires.

8Factors to consider for the purposes of this Act

When exercising a function under this Act, a person should have regard, as far as possible in the circumstances, to the following—

(a)that the death of a family member, friend or community member is distressing and distressed persons may require referral for professional support or other support;

(b)that unnecessarily lengthy or protracted coronial investigations may exacerbate the distress of family, friends and others affected by the death;

(c)that different cultures have different beliefs and practices surrounding death that should, where appropriate, be respected;

(d)that family members affected by a death being investigated should, where appropriate, be kept informed of the particulars and progress of the investigation;

(e)that there is a need to balance the public interest in protecting a living or deceased person's personal or health information with the public interest in the legitimate use of that information;

(f)the desirability of promoting public health and safety and the administration of justice.

9Fairness and efficiency of coronial system

The coronial system should operate in a fair and efficient manner.

PART 3—REPORTING OF DEATHS

10Obligation of registered medical practitioner to report death

(1)Subject to subsection (2), a registered medical practitioner who is present at or after the death of a person must report the death without delay to a coroner or the Institute if the death is a reportable death.

Penalty:20 penalty units.

(2)If more than one registered medical practitioner is present at or after a death and one of them reports it to a coroner or the Institute, the other practitioners need not report the death.

(3)The Institute must refer to a coroner a report of a reportable death received from a registered medical practitioner under subsection (1) or (2) as soon as practicable after receipt of that report.

11Obligation to report death of a person placed in custody or care

(1)The responsible person must report the death of a person placed in custody or care without delay to a coroner or the Institute.

Penalty:20 penalty units.

(1A)The Institute must refer to a coroner a report of the death of a person placed in custody or care received from a responsible person under subsection (1) as soon as practicable after receipt of that report.

(2)In this section, responsible person means—

(a)in relation to a person referred to in paragraphs (a) to (i) of the definition of person placed in custody or care in section 3(1), the person who has care, control or custody of the person;

(b)in relation to a person referred to in paragraph (j) of the definition of person placed in custody or care in section 3(1), the police officer or the prison officer who attempted to take the person into custody;

(c)in relation to a person referred to in paragraph (k) or (l) of the definition of person placed in custody or care in section 3(1), a person prescribed as the responsible person.

12General obligation to report death

(1)A person who has reasonable grounds to believe that a reportable death has not been reported must report it without delay to a coroner, the Institute or the police officer in charge of a police station.

Penalty:20 penalty units.

(2)A member of the immediate family of a deceased person may report the death to the coroner or the Institute if the person was a person discharged from a designated mental health service within the meaning of the Mental Health andWellbeing Act 2022 within 3 months immediately before the person's death.

(3)The Institute must refer to a coroner a report of a death received under subsection (1) or (2) as soon as practicable after receipt of that report.

13Obligation to report reviewable death

(1)Subject to subsection (2), a registered medical practitioner who is present at or after the death of a child must report the death without delay to the State Coroner or the Institute if the death is a reviewable death.

Penalty:20 penalty units.

(2)If more than one registered medical practitioner is present at or after a reviewable death and one of them reports it to the State Coroner or the Institute, the other practitioners need not report the death.

(3)A person who has reasonable grounds to believe that a reviewable death has not been reported to the State Coroner or the Institute as a reviewable death must report the death without delay to the State Coroner or the Institute.

Penalty:20 penalty units.

(4)The Institute must refer to the State Coroner a report of a reviewable death received from a registered medical practitioner or other person under this section as soon as practicable after receipt of that report.

PART 4—INVESTIGATION OF DEATHS AND FIRES

Division 1—Investigation of deaths

14Deaths a coroner may investigate

(1)A coroner may investigate a death that is or may be a reportable death if the death appears to have occurred within 100 years before the death was reported to a coroner.

(2)A coroner may investigate a death reported to the coroner under section 12(2).

(3)A power under subsection (1) includes a power to investigate whether the death is a reportable death.

15Deaths a coroner must investigate

A coroner must investigate the death of a person if—

(a)it appears to the coroner that the death, or the cause of death, occurred in Victoria; and

(b)it appears to the coroner that the death is a reportable death; and

(c)it appears to the coroner that the death occurred within 50 years before the death was reported to a coroner; and

(d)an interstate coroner has not investigated, is not investigating, and does not intend to investigate, the death.

15APower to direct coronial investigator

(1)A coroner, by written notice, may direct a coronial investigator in relation to an investigation into a reportable death.

(2)Subject to subsection (3), a coronial investigator must comply with a reasonable and lawful direction under subsection (1).

(3)A coronial investigator is not required to comply with a direction under subsection (1) if the Chief Commissioner of Police gives the State Coroner written notice that the Chief Commissioner considers—

(a)the direction to be unreasonable; or

(b)that complying with the direction would be likely to compromise a criminal investigation.

(4)A notice under subsection (3) must be given within 14 days after the direction under subsection (1) is given.

16Determination by coroner that reported death not a reportable death

(1)A coroner may determine that a death that was reported to the coroner as a reportable death is not a reportable death.

(1A)Without limiting subsection (1), a coroner may determine that a death described in section 4(2)(h) or (i) is not a reportable death if satisfied the death is not a death described in section 4(2)(a), (b), (c), (d), (e), (f), (g) or (j).

(2)If a coroner determines that a death is not a reportable death under subsection (1) or (1A), the coroner must give written notice of the coroner's determination to the person who reported the death.

(3)If a coroner determines that a death is not a reportable death, the coroner must discontinue the investigation into the death.

(4)Subsection (3) does not affect the investigation by the State Coroner of the death if it is a reviewable death.

(5)Whether or not a death is a reportable death, the coroner must discontinue the investigation into the death if the coroner determines that the death probably occurred more than 100 years before it was reported to a coroner.

(6)If a coroner determines under this section that a death is not a reportable death under subsection (1) or (1A), the principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars.

16AInvestigations and Aboriginal ancestral remains

If a coroner investigating a death believes that the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council.

17Certain reportable deaths do not require investigation

(1)A coroner is not required to continue an investigation into a reportable death if—

(a)the coroner determines that the death was not a death referred to in section 4(2)(a) (other than a death that appears to have been unexpected); and

(ab)the coroner determines that the death is not a death referred to in section 4(2)(b), (c), (d), (e), (f), (g) or (j); and

(b)a medical investigator conducts a medical examination on the deceased person and provides a report to the coroner that includes an opinion that the death was due to natural causes; and

*                *                *                *                *

(d)the coroner determines that the death is not a reviewable death.

(2)If a coroner determines under this section not to continue an investigation, the principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars.

*                *                *                *                *

18Reviewable deaths may be referred to the Institute

(1)The State Coroner may refer a reviewable death to the Institute, whether or not the death is a reportable death, to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 2024.

(2)If—

(a)the State Coroner refers a reviewable death to the Institute; and

(b)the State Coroner considers that information held by the Coroners Court in relation to the death is necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 2024—

the principal registrar must ensure that the information is given to the Institute.

19State Coroner may investigate a reviewable death

(1)The State Coroner may investigate a death that is or may be a reviewable death without referring the death to the Institute if he or she considers that it is necessary and appropriate to do so.

(2)The State Coroner must advise the Institute if he or she decides not to refer a reviewable death to the Institute.

(3)A power under subsection (1) includes a power to investigate whether the death is a reviewable death.

20Determination by State Coroner that death not a reviewable death

(1)The State Coroner may determine that a death that was reported to the State Coroner as a reviewable death is not a reviewable death.

(2)If the State Coroner determines that a death is not a reviewable death, the State Coroner must give written notice of the State Coroner's determination to the person who reported the death.

(3)If the State Coroner determines that a death is not a reviewable death or a reportable death, the State Coroner must discontinue the investigation into the death.

21Providing relevant persons with coronial process information

As soon as practicable after a coroner has commenced an investigation into a death, the principal registrar must ensure that the prescribed information in respect of the coronial process is provided to—

(a)the senior next of kin of the deceased person; and

(b)any other person—

(i)who has advised the principal registrar that they have an interest in the investigation of the death; and

(ii)who the principal registrar considers to have a sufficient interest in the investigation of the death.

22Control of the body

(1)This section applies if a body is in Victoria and the death is—

(a)a reportable death or a reviewable death; or

(b)is being investigated by a coroner.

(2)If the death is being investigated by a coroner, the body is under the control of the coroner until the coroner releases the body under section 47.

(3)If the death is not being investigated by a coroner, the body is taken to be under the control of the State Coroner until—

(a)another coroner commences an investigation of the death; or

(b)a coroner releases the body under section 47.

23Preliminary examinations

(1)The purpose of a preliminary examination is to assist the coroner in the performance of his or her functions in respect of a death.

(2)A coroner may provide a body to a medical investigator to enable a preliminary examination to be performed on the body.

(3)The provision of the body authorises the conduct of the preliminary examination.

(4)If a medical investigator who performs a preliminary examination reports to the coroner that, in the medical investigator's opinion, the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council of that report.

24Identification directions

A coroner may direct a medical investigator to perform any procedure on a body (including the removal of tissue but not including a preliminary examination) for the purposes of identifying the deceased person.

25Autopsies

(1)The purpose of an autopsy is to assist a coroner to perform his or her functions in respect of a death.

(2)A coroner must direct a medical investigator to perform an autopsy on a body under the control of the coroner if the coroner believes that—

(a)the autopsy is necessary for the investigation of the death; and

(b)it is appropriate to give the direction.

Note

See section 26 for when a direction made by a coroner under subsection (2) takes effect.

(3)After consulting with, and seeking advice from, the Institute or a pathologist, a coroner may—

(a)impose conditions on the manner in which an autopsy on a body is to be performed; and

Example

Conditions under subsection (3) could include the number of cavities to be explored or the organs to be removed.

(b)direct the medical investigator to perform certain tests on a body or on tissue or other material removed from the body.

(4)Nothing in this Act prevents a preliminary examination or an identification procedure from being performed concurrently with an autopsy.

26Objections to autopsy

(1)A coroner must take reasonable steps to notify the senior next of kin of the deceased of a direction given by the coroner under section 25(2).

(2)Within 48 hours after receiving notice under subsection (1), the senior next of kin may—

(a)ask the coroner to reconsider the direction that an autopsy be performed; or

(b)if the senior next of kin does not object to the autopsy and would like the autopsy to be performed without delay, consent, in accordance with the rules, to the waiver of the period remaining for the senior next of kin to make a request under paragraph (a).

(3)If, after considering a request under subsection (2)(a), the coroner determines that—

(a)the autopsy is necessary for the investigation of the death; and

(b)it was appropriate to make the direction under section 25(2)—

the coroner must, without delay, give written notice of the determination to the senior next of kin.

(4)A direction under section 25(2) does not take effect until—

(a)subject to paragraphs (b) and (c) 48 hours after the required notice has been given under subsection (1); or

(b)subject to paragraph (c), if—

(i)a request has been made under subsection (2)(a), 48 hours after the notice is given under subsection (3); or

(ii)the remainder of the period specified in subsection (2) has been waived by the senior next of kin under subsection (2)(b), on the giving of the waiver; or

(c)a direction is given under subsection (5).

(5)A coroner may—

(a)direct that an autopsy be performed immediately, without giving notice under this section, if—

(i)the coroner believes it is appropriate in the circumstances; or

(ii)there is no senior next of kin or the next of kin cannot be located; or

(b)direct that an autopsy be performed less than 48 hours after the senior next of kin has been given notice under subsection (3) if the senior next of kin advises the coroner that he or she will not appeal to the Supreme Court against the direction that an autopsy be performed.

Note

An appeal can be made to the Supreme Court under Part 7 against the direction made by a coroner under section 25(2) in certain circumstances.

27Request for autopsy

(1)If a coroner has control of a body, any person may ask the coroner to direct that an autopsy be performed on the body.

(2)If the coroner refuses a person's request, the coroner must give the person, without delay, written reasons for the refusal to give a direction.

Note

An appeal can be made to the Supreme Court under Part 7 against a refusal by a coroner to make a direction.

28The removal of tissue and preserving material

(1)For the purposes of this Act, the following persons may remove or assist in the removal of tissue under the general supervision of a medical investigator—

(a)a mortuary technician;

(b)a forensic technician;

(c)a scientist;

(d)a prescribed person.

(2)A coroner may direct a medical investigator undertaking a medical examination to cause to be preserved, for any period that the coroner directs, any tissue or material that appears to the medical investigator to bear on the cause or circumstances of the death or the identity of the deceased person.

29Provision of relevant information by principal registrar

(1)The principal registrar must ensure that the medical investigator who is responsible for performing a medical examination is given information of a kind specified in subsection (2).

(2)The kind of information to be given under subsection (1) is information collected or held by the Coroners Court that the coroner investigating the death considers would be necessary or helpful for the medical investigator performing the medical examination to know.

29APrincipal registrar to provide certain information to VIFM

Unless a coroner directs otherwise, for the performance of its functions under section 9(1)(m)(ii), (iii) and (vi) of the Victorian Institute of Forensic Medicine Act 2024, the principal registrar must provide to the Institute without delay the following information in relation to a death that is reported to a coroner—

(a)a copy of the initial police report of the death, if any, that is received by a coroner; and

(b)if not included in the initial police report of the death, the name and contact details of the next of kin (within the meaning of the Human Tissue Act 1982) of the deceased that are provided to the Coroners Court within 24 hours after the death is reported to a coroner.

Note

Section 9(1)(m)(ii), (iii) and (vi) of the Victorian Institute of Forensic Medicine Act 2024 confer functions on the Institute to remove tissue, or receive tissue taken, in accordance with the Human Tissue Act 1982 from deceased persons in Victoria (whether or not a coroner has jurisdiction to investigate the deaths) and to process, store and supply the tissue for transplantation to living persons in Victoria or elsewhere or for use, in Victoria or elsewhere, for other therapeutic purposes or for medical or scientific purposes.

Part IV of the Human Tissue Act 1982 provides for tissue donation after death. Section 27 of that Act provides specifically for deaths for which a coroner has or may have jurisdiction under this Act.

Division 2—Investigation of fires

30Fire authority request for fire investigation

(1)The Country Fire Authority or Fire Rescue Victoria may request a coroner to investigate a fire.

(1A)The Institute may, on behalf of a coroner, receive a request made by the Country Fire Authority or Fire Rescue Victoria under subsection (1).

(1B)If the Institute receives a request under subsection (1A), the Institute must refer that request to a coroner as soon as practicable after receiving that request.

(2)A coroner must investigate a fire after receiving a request under subsection (1) unless the coroner determines that the investigation is not in the public interest.

(3)The coroner must give written reasons to the Authority or Fire Rescue Victoria for a decision not to conduct an investigation it requested.

31Application for investigation into a fire

(1)A person may request a coroner to investigate a fire.

(1A)The Institute may, on behalf of a coroner, receive a request made by a person under subsection (1).

(1B)If the Institute receives a request under subsection (1A), the Institute must refer that request to a coroner as soon as practicable after receiving that request.

(2)If a coroner refuses a request to investigate a fire, the coroner must give written reasons for the refusal to the person who made the request.

Division 3—Assistance to coroner in investigation

32Person who made report of death to assist

A person who reported a reportable death or a reviewable death must give the coroner any information or other assistance that the coroner requests for the purposes of the coroner's investigation.

Penalty:20 penalty units.

33Registered medical practitioner to assist

(1)This section applies to a death that is being investigated by a coroner.

(2)A registered medical practitioner—

(a)who was responsible for a person's medical care immediately before that person's death; or

(b)who was present at or after the person's death—

must give the coroner any information or assistance that the coroner requests for the purposes of the investigation.

Penalty:20 penalty units.

34Person who asks for investigation of fire to assist

A person who requests a coroner to investigate a fire must give the coroner any information that the coroner requests to assist the coroner in his or her investigation.

Penalty:20 penalty units.

35Fire authority to assist

The Country Fire Authority or Fire Rescue Victoria must give the coroner any information that may assist the coroner in his or her investigation of a fire.

36Assistance from police

A police officer who has information that may be relevant to an investigation by a coroner into a death or a fire must give that information to the coroner to assist the coroner in his or her investigation of the death or the fire.

Division 4—Powers relating to investigation

37Restriction of access to place where death occurred or caused or may occur

(1)In this section, death means a death that a coroner or the Chief Commissioner of Police reasonably believes to be a reportable death or reviewable death.

(2)A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to—

(a)the place where a death occurred; or

(b)a place reasonably connected to the place where the death occurred.

(3)The Chief Commissioner of Police may take reasonable steps to restrict access to—

(a)the place where an incident occurred; or

(b)a place reasonably connected to the place where an incident occurred—

if the Chief Commissioner of Police reasonably expects a person to die as a result of the incident.

(4)The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place.

(5)A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section.

Penalty:60 penalty units or imprisonment for 6 months.

38Restriction of access to fire area

(1)A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to—

(a)the place where a fire occurred; or

(b)a place reasonably connected to the place where a fire occurred.

(2)The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place.

(3)A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section.

Penalty:60 penalty units or imprisonment for 6 months.

39Powers of entry, search, inspection and possession

(1)A coroner who is investigating a death or a fire may, in writing, authorise a police officer to investigate the death or fire by—

(a)breaking, entering and searching premises, using reasonable force if required;

(b)taking copies of any documents relevant to the investigation;

(c)seizing things (including documents) and taking samples, which may be relevant to the investigation.

(2)A coroner may exercise any of the powers specified in subsection (1) other than the power to use reasonable force.

(3)A police officer or coroner who is authorised to exercise powers under this section may do so with any assistance that is required.

(4)An authorisation under subsection (1) must—

(a)specify hours of the day in which the powers may be exercised by a police officer;

(b)specify a period (not exceeding 30 days) in which the powers may be exercised.

(5)A police officer authorised to enter premises under subsection (1) must, if practicable, give a copy of the authorisation to a person who appears to be the occupier of the premises and to be over the age of 16 years.

40Power to direct person to produce documents, operate equipment on entry

(1)A coroner exercising a power, or a police officer who is authorised, to enter premises under section 39, may direct a person at the premises—

(a)to produce a document located at the premises that is in the person's possession or control; or

(b)to operate equipment or access information from the equipment.

(2)A person must not, without lawful excuse, fail to comply with a direction made by a coroner or police officer under subsection (1).

Penalty:60 penalty units.

41Other powers on entry to premises

A coroner exercising a power, or a police officer who is authorised, to enter premises under section 39, may—

(a)take photographs, or make audio or audiovisual recordings, at the premises;

(b)bring any equipment or materials to the premises that may be required;

(c)seal a thing or lock the premises;

(d)analyse, measure or test any thing at the premises with equipment brought to the premises or that is already at the premises;

(e)do any other thing that is reasonably necessary for the coroner or police officer to investigate the death or fire.

42Documents and prepared statements required by coroner

(1)If a coroner is of the opinion that a document or a prepared statement is required for the purposes of the investigation, the coroner may require a person—

(a)to give the document to the coroner; or

(b)to prepare a statement addressing matters specified by the coroner and give the statement to the coroner.

(2)A requirement under subsection (1) must—

(a)be in the prescribed form; and

(b)specify a reasonable period of time for compliance with the requirement; and

(c)be served on the person in accordance with the rules.

(3)A person who is required to give a document or prepared statement to the coroner under subsection (1) must not, without a lawful excuse, fail to comply with the requirement within the period specified by the coroner.

Penalty:20 penalty units.

42APrivileges in relation to investigations

Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to investigations of deaths and fires.

Division 5—Exhumation

43Application for exhumation

(1)A person may apply to the State Coroner for an authorisation of an exhumation of a body.

(2)An application made under subsection (1) must be in the form prescribed by the rules.

(3)If the State Coroner refuses an application to authorise an exhumation of a body, the State Coroner must ensure that the applicant is advised of the refusal without delay.

44Power to authorise exhumation

The State Coroner may, in accordance with this Division, authorise the exhumation of a body on his or her own motion or on the application of a person under section 43.

45Notice of intention to authorise exhumation

(1)If the State Coroner intends to authorise the exhumation of a body, the State Coroner must ensure that notice of his or her intention is given to the senior next of kin of the deceased and that the senior next of kin is advised that—

(a)he or she may provide suggestions as to how and whether the proposed exhumation should be conducted; and

(b)if the State Coroner authorises the exhumation, he or she may appeal to the Supreme Court under Part 7 against the authorisation.

(2)If the body is in a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the cemetery trust responsible for the public cemetery.

(3)If the body is in a place of interment (within the meaning of the Cemeteries and Crematoria Act 2003) that is not a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the owner of the land where the place of interment is located.

(4)The State Coroner must have regard to suggestions made by the senior next of kin under subsection (1)(a) or any other person who provides written suggestions to the State Coroner in respect of the proposed exhumation.

(5)The State Coroner is not required to give notice under this section if the State Coroner has reasonable grounds to believe that—

(a)notice would result in—

(i)the escape of an offender or an accomplice; or

(ii)the fabrication or destruction of evidence; or

(b)the exhumation is urgent and the exhumation should not be delayed; or

(c)giving notice is impossible.

46Authorisation of exhumation

(1)The State Coroner may authorise the exhumation of a body if he or she believes that—

(a)the exhumation is necessary for the investigation of the death; and

(b)it is appropriate to give the authorisation.

(2)An authorisation given by the State Coroner under subsection (1) may be subject to conditions.

(3)If the State Coroner authorises an exhumation under subsection (1), the State Coroner must ensure that notice of the authorisation is given to the persons who were notified of the State Coroner's intention to exhume the body under section 45.

(4)Failure by the State Coroner to give a notice required under this section or section 45 does not invalidate the State Coroner's authorisation under this section.

(5)An authorisation under this section does not take effect until 48 hours after the senior next of kin is notified of the authorisation under subsection (3) or any further period specified by the State Coroner unless—

(a)the State Coroner directs that the exhumation be conducted immediately; or

(b)within that period, the senior next of kin advises the State Coroner that he or she will not appeal to the Supreme Court against the authorisation.

Note

An appeal can be made to the Supreme Court under Part 7 against the authorisation in certain circumstances.

Division 6—General

47Release of body

(1)The coroner may order that a body under the control of the coroner be released if—

(a)the coroner is satisfied that it is no longer necessary for the coroner to have control of the body in order to exercise his or her functions under this Act; or

(b)the coroner has determined that the death was not a reportable death or a reviewable death.

(2)An order made by the coroner under subsection (1)—

(a)must specify a person to whom the body is to be released; and

(b)may contain any terms or conditions that the coroner considers necessary.

48Application to coroner for release of body

(1)A person (the applicant) may apply to a coroner for a body to be released to the applicant.

(2)If 2 or more applicants apply for release of the body, the coroner must determine the person to whom the body is to be released on the basis of who has the better claim.

(3)In determining who has the better claim, the coroner must have regard to the following principles—

(a)if the person named in the will as an executor is an applicant, the body of the deceased should be released to the executor;

(b)if a person specified under paragraph (a) is not an applicant, the body should be released to the senior next of kin;

(c)if there appear to be 2 or more applicants who are the senior next of kin of the deceased, the coroner should determine to whom the body is to be released having regard to any principles of common law relating to the release and disposal of a body of a deceased person;

(d)if no person referred to in paragraph (a) or (b) is an applicant, the coroner should determine to whom the body is to be released having regard to the principles of common law relating to the release and disposal of a body of a deceased person.

49Notices and provision of information by principal registrar

(1)The principal registrar must notify the Director of Public Prosecutions if the coroner investigating the death or fire believes an indictable offence may have been committed in connection with the death or fire.

(2)The principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars found by the coroner following an investigation of a death.

(3)The principal registrar must notify the Consultative Council on Obstetric and Paediatric Mortality and Morbidity under the Public Health and Wellbeing Act 2008 of the particulars of—

(a)any maternal death within the meaning of section 46(3) of that Act reported to the coroner; or

(b)the death of a child reported to the coroner.

(4)The principal registrar must provide prescribed information to prescribed bodies.

50Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 32, 33, 34 or 42, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under section 32, 33, 34 or 42, if the production of the document would tend to incriminate the person.

51Aid to coroners in other places

The State Coroner may use any of the powers of a coroner under this Act to assist a coroner, or a person who performs a role that substantially corresponds to that of a coroner, of another country or of another State or Territory to investigate a death as if that death were a reportable death.

PART 5—INQUESTS INTO DEATHS AND FIRES

Division 1—Types of inquests

52Inquest into a death

(1)A coroner may hold an inquest into any death that the coroner is investigating.

(2)Subject to subsections (3) and (3A), a coroner must hold an inquest into a death if the death or cause of death occurred in Victoria and—

(a)the coroner suspects the death was the result of homicide; or

(b)the deceased was, immediately before death, a person placed in custody or care; or

(c)the identity of the deceased is unknown; or

(d)the death occurred in prescribed circumstances.

(3)The coroner is not required to hold an inquest in the circumstances set out in subsection (2) if—

(a)the coroner believes the death probably occurred more than 50 years before the death was reported to the coroner; or

(b)a person has been charged with an indictable offence in respect of the death being investigated by the coroner; or

(c)an interstate coroner has investigated, is investigating, or intends to investigate, the death; or

(d)the death occurred outside Australia.

(3A)The coroner is not required to hold an inquest in the circumstances set out in subsection (2)(b) if the coroner considers that the death was due to natural causes.

(3B)For the purposes of subsection (3A), a death may be considered to be due to natural causes if the coroner has received a report from a medical investigator, in accordance with the rules, that includes an opinion that the death was due to natural causes.

(4)The circumstances set out in subsections (3) and (3A) do not limit the powers of a coroner to hold, adjourn or recommence an inquest.

(5)A person may request a coroner to hold an inquest into any death that the coroner is investigating.

(6)Within 3 months of receiving a request under subsection (5), the coroner must, in writing, advise the person who made the request that the coroner has—

(a)decided to hold an inquest; or

(b)decided that an inquest will not be held; or

(c)not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made.

53Inquest into a fire

(1)A coroner may hold an inquest into any fire that the coroner is investigating.

(2)A person may request a coroner to hold an inquest into any fire that the coroner is investigating.

(3)Within 3 months of receiving a request under subsection (2), the coroner must, in writing, advise the person who made the request that the coroner has—

(a)decided to hold an inquest; or

(b)decided that an inquest will not be held; or

(c)not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made.

54Inquest into multiple deaths and fires

A coroner may hold an inquest that investigates—

(a)2 or more deaths; or

(b)2 or more fires; or

(c)a death or 2 or more deaths and a fire or 2 or more fires.

Division 2—Powers of coroners at inquests

55Coroners' powers at inquests

(1)A coroner may exercise the powers specified in this section if the coroner—

(a)believes it is necessary for the purposes of an inquest; or

(b)considers it may help to determine whether or not to hold an inquest.

(2)A coroner may—

(a)summon a person to attend as a witness or to produce any document or other materials;

(b)inspect, copy and, subject to this Act and the rules, hold for a reasonable period any thing produced at the inquest;

(c)order a witness to answer questions;

*                *                *                *                *

(e)give any other directions and do anything else the coroner believes necessary.

Note

See Part 5 of the Open Courts Act 2013.

(3)A summons under subsection (2) must be in the prescribed form.

56Interested party

A coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that—

(a)the person has a sufficient interest in the inquest; and

(b)it is appropriate for the person to be an interested party.

57Privilege in respect of self-incrimination in other proceedings

(1)This section applies if a witness objects to giving evidence, or evidence on a particular matter, at an inquest on the ground that the evidence may tend to prove that the witness—

(a)has committed an offence against or arising under an Australian law or a law of a foreign country; or

(b)is liable to a civil penalty under an Australian law or a law of a foreign country.

(2)The coroner must determine whether or not there are reasonable grounds for the objection.

(3)If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform the witness—

(a)that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and

(b)that the coroner will give a certificate under this section if—

(i)the witness willingly gives the evidence without being required to do so under subsection (4); or

(ii)the witness gives the evidence after being required to do so under subsection (4); and

(c)of the effect of such a certificate.

(4)The coroner may require the witness to give evidence if the coroner is satisfied that—

(a)the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and

(b)the interests of justice require that the witness give the evidence.

(5)If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must cause the witness to be given a certificate under this section in respect of the evidence.

(6)The coroner is also to cause a witness to be given a certificate under this section if—

(a)the objection has been overruled; and

(b)after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.

(7)In any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—

(a)evidence given by a person in respect of which a certificate under this section has been given; and

(b)any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

(8)Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.

58Privileges in relation to inquests

Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to inquests.

59Issue of warrant to arrest

(1)A coroner may issue a warrant to arrest a person if—

(a)the person was summoned by the coroner under section 55 and failed—

(i)to attend before the coroner; or

(ii)to produce the documents or other materials specified in the summons to the coroner; or

(b)the coroner is satisfied—

(i)that the person is avoiding service of the summons; or

(ii)that the person has been duly served with the summons but is unlikely to comply with it.

(2)In issuing a warrant under this section, the coroner may endorse the warrant with a direction that the person must, on arrest, be released on bail as specified in the endorsement.

(3)An endorsement under subsection (2) must fix the amounts in which the principal and the bail guarantors (if any) are bound and the amount of any money or the value of any security to be deposited.

(4)The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested—

(a)to be released on bail in accordance with any endorsement on the warrant; or

(b)if there is no endorsement on the warrant, to be brought before the Coroners Court; or

(c)to be discharged from custody on bail in accordance with the Bail Act 1977.

(5)Matters may be proved under this section orally or by affidavit.

(6)Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued under this section as if any reference to the Magistrates' Court were a reference to a coroner or the Coroners Court.

(7)In this section—

bail guarantor has the same meaning as in the Bail Act 1977.

60Coroner may be assisted

A coroner may be assisted at an inquest by—

(a)a police officer; or

(b)an Australian lawyer; or

(c)if the Director of Public Prosecutions wishes to assist the coroner, the Director of Public Prosecutions; or

(d)another person appointed by the coroner.

Division 3—Process at inquest

61Advertisement of an inquest

A coroner must publish the date, time, place and subject of an inquest in accordance with the rules.

62Coroner not bound by rules of evidence

(1)A coroner holding an inquest is not bound by the rules of evidence and may be informed and conduct an inquest in any manner that the coroner reasonably thinks fit.

(2)Parts II, IIA and III of the Evidence (Miscellaneous Provisions) Act 1958 do not apply to the Coroners Court.

(3)Except as otherwise provided in this Act, the Evidence Act 2008 does not apply to the Coroners Court.

63Record of evidence

(1)Oral evidence provided at an inquest must be recorded in accordance with section 131 of the Evidence (Miscellaneous Provisions) Act 1958.

(2)Except as provided in sections 65(3), 65(4) and 65(6) of the Evidence Act 2008, a record of evidence provided to the Coroners Court is not evidence in any court of any fact asserted in it.

64Witnesses to be called and relevant issues

The coroner holding the inquest determines—

(a)the witnesses to be called; and

(b)the relevant issues for the purposes of the inquest.

65Inquest to be conducted with little formality

A coroner must conduct an inquest—

(a)with as little formality and technicality as the interests of justice permit; and

(b)in a way that, as far as is practicable, makes the inquest comprehensible to interested parties and family members who are present.

66Rights of interested parties

(1)An interested party may make a submission to the coroner specifying who the party considers to be a relevant witness and the coroner may consider that submission and determine whether that witness should be called.

(2)The Attorney-General may appear or be represented at an inquest, examine or cross-examine witnesses and make submissions.

(3)An interested party may appear or be represented by an Australian lawyer or, with the permission of the coroner, by any other person, and may examine or cross-examine witnesses and make submissions.

PART 6—FINDINGS, RECOMMENDATIONS AND REFERRALS

67Findings of coroner investigating a death

(1)A coroner investigating a death must find, if possible—

(a)the identity of the deceased; and

(b)the cause of death; and

(c)unless subsection (2) applies, the circumstances in which the death occurred; and

(d)any other prescribed particulars.

(2)Whether it is possible or not, a coroner need not make a finding with respect to the circumstances in which a death occurred if—

(a)an inquest into the death was not held; and

(b)the coroner finds that—

(i)the deceased was not, immediately before the person died, a person placed in custody or care; and

(ii)there is no public interest to be served in making a finding regarding those circumstances.

(3)A coroner may comment on any matter connected with the death, including matters relating to public health and safety or the administration of justice.

68Findings of coroner investigating a fire

A coroner investigating a fire must find, if possible—

(a)the cause and origin of the fire; and

(b)the circumstances in which the fire occurred.

69Findings not to contain statement regarding guilt

(1)A coroner must not include in a finding or comment any statement that a person is, or may be, guilty of an offence.

(2)Subsection (1) does not apply to prevent the inclusion in a comment of a statement relating

to a notification to the Director of Public Prosecutions under section 49.

70Apology or reduction or waiver of fees

(1)In this section, apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgement of fault.

(2)In an investigation of a death or fire—

(a)an apology; or

(b)a reduction or waiver of fees payable for a service provided to the person who died—

does not constitute an admission as to any matter, for the purposes of findings that are made under section 67 or 68.

(3)Subsection (2) applies whether the apology or the reduction or waiver of fees is made—

(a)orally or in writing; or

(b)before or after the investigation commenced.

(4)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.

71Findings not required if inquest not held or discontinued

A coroner is not required to make any of the findings specified in section 67 in respect of a death being investigated by the coroner if—

(a)the coroner has decided not to hold an inquest, or to discontinue an inquest, because a person has been charged with an indictable offence in respect of the death; and

(b)based on the decision specified in paragraph (a), the coroner considers that the making of the findings would be inappropriate in the circumstances.

72Reports and recommendations

(1)A coroner may report to the Attorney-General on a death or fire which the coroner has investigated.

(2)A coroner may make recommendations to any Minister, public statutory authority or entity on any matter connected with a death or fire which the coroner has investigated, including recommendations relating to public health and safety or the administration of justice.

(3)If a public statutory authority or entity receives recommendations made by the coroner under subsection (2), the public statutory authority or entity must provide a written response, not later than 3 months after the date of receipt of the recommendations, in accordance with subsection (4).

(4)A written response to the coroner by a public statutory authority or entity must specify a statement of action (if any) that has, is or will be taken in relation to the recommendations made by the coroner.

(5)The coroner must—

(a)publish the response of a public authority or entity on the Internet; and

(b)provide a copy of the response to any person—

(i)who has advised the principal registrar that they have an interest in the subject of the recommendations; and

(ii)who the principal registrar considers to have a sufficient interest in the subject of the recommendations.

73Publication of findings and reports

(1)Unless otherwise ordered by a coroner, the findings, comments and recommendations made following an inquest must be published on the Internet in accordance with the rules.

Note

See Part 3 of the Open Courts Act 2013.

(1A)Subject to subsection (1B), the findings, comments and recommendations made following an investigation may be published on the Internet in accordance with the rules.

(1B)A finding made following an investigation of a death of a deceased who was, immediately before the death, a person placed in custody or care that the death was due to natural causes must be published on the Internet in accordance with the rules.

(2)Section 166 of the Family Violence Protection Act 2008 does not apply to the publication under subsection (1) or (1A) of any relevant information if a coroner reasonably considers it is in the public interest to allow the publication of that information.

(3)Section 534 of the Children, Youth and Families Act 2005 does not apply to the publication under subsection (1) or (1A) of any relevant information if—

(a)a coroner reasonably considers that it is in the public interest to allow the publication of the information; and

(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.

9Documents

(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.

10Release of documents on coroner's existing file to be subject to new Act

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.

11Release 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.

12Objections 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.

13Exhumations

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.

14Return 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.

15State 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.

16Coroners

(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 or affirmation 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 or affirmation of office under section 95 of the new Act.

17Depositions

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.

18Consultative Council on Obstetric and Paediatric Mortality and Morbidity

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.

19Regulations 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.

20Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

(1)If an investigation or inquest has commenced but is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—

(a)this Act as in force immediately before that commencement continues to apply to the investigation or inquest on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and

(b)the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the investigation or inquest.

(2)If the hearing of an inquest referred to in clause 7(1) or the hearing of an application referred to in clause 8(1) is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—

(a)the old Act as in force immediately before that commencement continues to apply to the hearing of the inquest or application on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and

(b)the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the inquest or application.

21Transitional provisions—Evidence Amendment (Journalist Privilege) Act 2012

(1)If an investigation has commenced but is not completed immediately before the commencement of section 11 of the 2012 Act, the amendment made to this Act by that section applies to the investigation on and from that commencement.

(2)If the hearing of an inquest has commenced
but is not completed immediately before the commencement of section 12 of the 2012 Act, this Act applies to the hearing of the inquest on and from that commencement as if the amendment made by that section were not in force.

(3)If an investigation is re-opened under section 77(2) after the commencement of sections 11 and 12 of the 2012 Act, and there has previously been an inquest in relation to the investigation to which section 58 as substituted by section 12 of the 2012 Act did not apply, this Act applies to the re‑opened investigation as if sections 11 and 12 of the 2012 Act were not in force.

(4)In this clause, 2012 Act means the Evidence Amendment (Journalist Privilege) Act 2012.

22Savings—Open Courts Act 2013

(1)Despite the repeal of section 55(2)(d) by the Open Courts Act 2013, an order made under section 55(2)(d) (as in force immediately before its repeal) and in force at the date of that repeal continues to apply on and after that repeal.

(2)Despite the repeal of section 73(2) and (3) by the Open Courts Act 2013, section 73(2) and (3) (as in force immediately before their repeal) continue to apply on and after that repeal in relation to a proceeding commenced to be heard (but not determined) by the Coroners Court before that repeal.

23Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018

(1)Sections 4, 16, 17 and 78, as amended by the Justice Legislation Miscellaneous Amendment Act 2018, apply irrespective of when the death to which those sections apply occurred or was reported to a coroner.

(2)Section 76A applies to any decision, whether the decision was made before, on or after the commencement of that section.

(3)Section 77, as amended by the Justice Legislation Miscellaneous Amendment Act 2018, applies to an application made under that section to the Coroners Court—

(a)on and after the commencement of section 9 of that Act; and

(b)before the commencement of section 9 of that Act if the application has not been determined by the Coroners Court before that commencement.

(4)Section 84(2), as amended by the Justice Legislation Miscellaneous Amendment Act 2018, applies to an appeal against a refusal to re-open an investigation under section 77, whether the refusal was made before, on or after the commencement of that amendment.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

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."

The Coroners Act 2008 was assented to on 11 December 2008 and came into operation on 1 November 2009: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Coroners Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 128 on 1.11.10: s. 128; s. 130 on 1.11.10: s. 130
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 30) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 11), (Sch. Pt 2 item 13) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 15) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 51 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010

Assent Date:	15.6.10
Commencement Date:	Ss 4–6 on 1.11.09: s. 2(2); ss 41–46 on 1.1.11: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Severe Substance Dependence Treatment Act 2010, No. 43/2010

Assent Date:	10.8.10
Commencement Date:	S. 44 on 1.3.11: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	S. 61 on 1.11.10: Government Gazette 21.10.10 p. 2530
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 18) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:	18.9.12
Commencement Date:	Ss 11–13 on 1.1.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012

Assent Date:	18.12.12
Commencement Date:	S. 39 on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	Ss 57–61 on 27.2.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Amendment Act 2013, No. 31/2013

Assent Date:	4.6.13
Commencement Date:	Ss 12–18 on 1.8.13: Special Gazette (No. 272) 23.7.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Children, Youth and Families Amendment Act 2013, No. 52/2013

Assent Date:	24.9.13
Commencement Date:	S. 80 on 1.12.13: Special Gazette (No. 419) 26.11.13 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Open Courts Act 2013, No. 58/2013

Assent Date:	22.10.13
Commencement Date:	Ss 38–42 on 1.12.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	Ss 49–51, 82–85 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	S. 74 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 21) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 5) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 30) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 143 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:	9.9.14
Commencement Date:	S. 165 on 1.3.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 61–67, 69(1), 72, 74, 101–105 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1; ss 68, 69(2), 70, 71 on 1.1.15: Special Gazette (No. 376) 21.10.14 p. 1; s. 73 on 1.9.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 43 on 17.6.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	Ss 49–52 on 12.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Coroners Act 2008

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	Ss 87, 88 on 1.1.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 23, 106 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Aboriginal Heritage Amendment Act 2016, No. 11/2016

Assent Date:	5.4.16
Commencement Date:	Ss 138–140 on 1.8.16: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 189, 190 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 42–45 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1; s. 65 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Voluntary Assisted Dying Act 2017, No. 61/2017

Assent Date:	5.12.17
Commencement Date:	S. 121 on 19.6.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 30) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 69–71 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	Ss 8, 9, 11, 12, 14 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1; ss 5–7, 10, 13 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	Ss 149–151 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	Ss 799–801 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 12–14 on 11.10.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Bail Amendment Act 2023, No. 28/2023

Assent Date:	24.10.23
Commencement Date:	S. 66 on 25.3.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	Ss 45–49 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Coroners Act 2008

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3   Explanatory details

[1]

S. 94(3)(b)(ii): The amendment proposed by section 50(1) (repealed) of the Judicial Entitlements Act 2015, No. 29/2015 is not included in this publication as the words "an acting" do not appear in section 94(3)(b)(ii).

Section 50(1) read as follows:

50Appointment of coroners

(1)In section 94(3)(b)(ii) of the Coroners Act 2008 for "an acting" substitute "a".