Coroners Court (Form 10 Amendment) Rules 2014 (Vic)

Coroners Court (Form 10 Amendment) Rules 2014

S.R. No. 119/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Form 10 substituted

Form 10—Determination by Coroner Following a Request
for Autopsy Direction to be Reconsidered

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 119/2014

Coroners Act 2008

Coroners Court (Form 10 Amendment) Rules 2014

The State Coroner together with 2 coroners jointly make the following Rules:

1Object

The object of these Rules is to amend the Coroners Court Rules 2009 to substitute Form 10.

2Authorising provisions

These Rules are made under section 105 of the Coroners Act 2008 and all other enabling powers.

3Commencement

These Rules come into operation on 5 September 2014.

4Form 10 substituted

For Form 10 of the Coroners Court Rules 2009[1] substitute—

"FORM 10

Rule 35

IN THE CORONERS COURT

OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE RECONSIDERED

Form 10 Rule 35

Section 26 of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:

Surname:

Given names:

*Date of Birth/*Age: 

having been asked by the senior next of kin to reconsider the direction that an autopsy be performed pursuant to section 26(2) of the Coroners Act 2008 and taken into account their specific concerns, being:

[please specify]

hereby:

*determine that an autopsy is not necessary and appropriate and

REVOKE my previous direction regarding *autopsy/*partial autopsy

*A reasonable medical cause of death can be established as being:

1(a)

1(b)

1(c)

2

*determine that an autopsy is necessary and appropriate and

*AFFIRM my previous direction regarding *autopsy/*partial autopsy

*AMEND my previous direction regarding *autopsy/*partial autopsy

*impose the following conditions:

[please specify]

for the following reasons:

[specify reasons]

*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(4) of that Act commence at the time of written notification to the senior next of kin.

*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:

*Nil Toxicology

*Full Routine Toxicology (           ,          )

*Carboxyhaemoglobin saturation (           ,           )

*Microbiology (           ,           )

*Blood Alcohol Saturation (           ,           )

*Other [please specify] (           ,           )

*AND pursuant to section 26(5)(b), having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, I direct that the autopsy be performed.

*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages.

Signature:

_______________________________________

Coroner's name: [insert coroner's name]

Date:

Time:

NOTE: A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:

(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or

(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.

Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.

*Delete if inapplicable

__________________".

Dated:    29 August 2014

IAN GRAY,

State Coroner

PARESA ANTONIADIS SPANOS,

Coroner

JACQUI HAWKINS,

Coroner

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ENDNOTES

[1] Rule 4: S.R. No. 131/2009 as amended by S.R. No. 117/2011.