Coroners Amendment Regulations 2022 (Vic)

Coroners Amendment Regulations 2022

S.R. No. 109/2022

table of provisions

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Definitions

5Person placed in custody or care

6Obligation to report death of a person placed in custody or care—responsible person

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Endnotes

statutory rules 2022

S.R. No. 109/2022

Coroners Act 2008

Coroners Amendment Regulations 2022

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

Dated: 11 October 2022

Responsible Minister:

JACLYN SYMES
Attorney-General

Alexandra Debeljakovic

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Coroners Regulations 2019—

(a)to prescribe an SDA resident who resides in an SDA enrolled dwelling as a person placed in custody or care under the Coroners Act 2008; and

(b)to prescribe a person who is funded to provide daily independent living support to the SDA resident as the responsible person under section 11 of the Coroners Act 2008.

2Authorising provision

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

3Principal Regulations

In these Regulations, the Coroners Regulations 2019[1] are called the Principal Regulations.

4Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"SDA enrolled dwelling has the same meaning as in the Residential Tenancies Act 1997;

SDA resident has the same meaning as in the Residential Tenancies Act 1997;".

5Person placed in custody or care

(1)In regulation 7(1)(c)(ii) of the Principal Regulations, for "jurisdiction." substitute "jurisdiction; or".

(2)After regulation 7(1)(c) of the Principal Regulations insert—

"(d)a person in Victoria who is an SDA resident residing in an SDA enrolled dwelling.".

6Obligation to report death of a person placed in custody or care—responsible person

For regulation 8 of the Principal Regulations substitute—

"8   Obligation to report death of a person placed in custody or care—responsible person

For the purposes of section 11(2)(c) of the Act, the responsible person in relation to a person placed in custody or care—

(a)referred to in regulation 7(1)(a), (b) or (c), is the authorised person referred to in the relevant paragraph of regulation 7(2); and

(b)referred to in regulation 7(1)(d), is a person who—

(i)is funded to provide an SDA resident with daily independent living support; and

(ii)has reasonable grounds to believe that the resident's death has not been reported to a coroner or the Institute.".

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Endnotes

[1] Reg. 3: S.R. No. 76/2019.