Coroners Amendment Regulations 2014 (Vic)

Coroners Amendment Regulations 2014

S.R. No. 159/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Regulation 14 substituted

14Documents and prepared statements required by coroner—Form 4

6New regulation 17A inserted

17AOath or affirmation of office of judicial registrar—Form 6A

7Form 4 of the Schedule substituted

Form 4—Document or Prepared Statement required to be given to the coroner

8Amendment to Form 6 of the Schedule

9New Form 6A of the Schedule inserted

Form 6A—Oath and Affirmation of Office of Judicial Registrar

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 159/2014

Coroners Act 2008

Coroners Amendment Regulations 2014

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 14 October 2014

Responsible Minister:

ROBERT CLARK
Attorney-General

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Coroners Regulations 2009 to—

(a)prescribe the form and manner of an oath of office and an affirmation of office for judicial registrars of the Coroners Court; and

(b)amend the prescribed matters regarding documents and prepared statements required by a coroner.

2Authorising provision

These Regulations are made under section 117 of the Coroners Act 2008.

3Commencement

These Regulations come into operation on 10 November 2014.

4Principal Regulations

In these Regulations, the Coroners Regulations 2009[1] are called the Principal Regulations.

5Regulation 14 substituted

For regulation 14 of the Principal Regulations substitute—

"14   Documents and prepared statements required by coroner—Form 4

For the purposes of section 42(2) of the Act, the prescribed form of a requirement must be in Form 4 of the Schedule.".

6New regulation 17A inserted

After regulation 17 of the Principal Regulations insert—

"17A   Oath or affirmation of office of judicial registrar—Form 6A

(1)For the purposes of section 102EA of the Act, the prescribed form of an oath or affirmation of office for a judicial registrar is set out in Form 6A of the Schedule.

(2)An oath or affirmation of office for a judicial registrar must be administered by the State Coroner or the Deputy State Coroner.".

7Form 4 of the Schedule substituted

For Form 4 of the Schedule to the Principal Regulations substitute—

"FORM 4

Regulation 14

DOCUMENT OR PREPARED STATEMENT REQUIRED TO BE GIVEN TO THE CORONER

(Section 42 of the Coroners Act 2008)

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you receive this notice, you should seek legal advice to help you understand the requirement and your obligations under the notice. Contact your lawyer or Victoria Legal Aid or a community legal centre for advice.

(Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Hindi, Italian, Macedonian, Polish, Russian, Serbian, Somali, Spanish, Turkish and Vietnamese languages.)

To: [Name]

of: [address]

You have received this notice because the coroner is of the opinion that a document or prepared statement is required for the purposes of the investigation into *the death of the person described below.

Details of the deceased—

Name of the deceased:

Date of birth (if known):

Date of the death/suspected death:

Place of death/suspected death:

*a fire which occurred at [address] on [date].

WHAT YOU MUST DO

*You are required to produce the documents or types of documents specified below to the coroner: [Specify documents]

*You are required to prepare a statement addressing the matters specified below by the coroner and give the statement to the coroner: [Specify matters to be addressed in statement]

OR you are required to advise the coroner in writing that you intend to rely on section 50 of the Coroners Act 2008 and will not comply with this notice.

You must comply with this requirement within [number] days after the day on which the notice is served on you.

The address for delivery of documents or prepared statement is: [Address]

You can contact the Registry of the Coroners Court on 1300 309 519 if you have any questions about this requirement.

WARNING Under section 42(3) of the Coroners Act 2008 it is an offence for a person who is required to provide a document or prepared statement under section 42(1) of that Act to fail, without lawful excuse, to comply with the requirement within the period specified by the coroner.

The maximum penalty for this offence is a fine of 20 penalty units.

You are not required to give information in a statement to the coroner if the information provided in the statement would tend to incriminate you (section 50 of the Coroners Act 2008).

*Delete if inapplicable

__________________".

8Amendment to Form 6 of the Schedule

In Form 6 of the Schedule to the Principal Regulations, for "OATH OF OFFICE" substitute "OATH OF OFFICE OF A CORONER".

9New Form 6A of the Schedule inserted

After Form 6 of the Schedule to the Principal Regulations insert—

"FORM 6A

Regulation 17A

OATH AND AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR

(Section 102EA of the Coroners Act 2008)

OATH OF OFFICE OF JUDICIAL REGISTRAR

I, [Full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that as a judicial registrar of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR

I, [Full name], solemnly and sincerely declare and affirm that as a judicial registrar of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 120/2009.