Coroners Court Rules 2019 (Vic)
Version No. 001
Coroners Court Rules 2019
S.R. No. 97/2019
Version as at
28 October 2019
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
Part 1—General
1Object and title
2Authorising provisions
3Commencement
4Revocations
5Definitions
6Application
Part 2—Miscellaneous
7Act by corporation
8Seal of the Coroners Court
9Effect of non-compliance
10Dispensing with compliance
Order 2—Time and documents
11Calculating time
12Extension and abridgement
13Fixing time
14Time for service
15Filing of documents
16Inappropriate documents
Order 3—Service
17When personal service is necessary
18Summons must be served personally
19How personal service is effected
20Service on particular persons
21How ordinary service effected
22Substituted service
23Service of document by the Coroners Court
24Affidavit of service
Order 4—Reporting of deaths
25Obligation to report deaths
26Obligation of registered medical practitioner to report death
Order 5—Investigation of deaths and fires
Part 1—Investigation of deaths
27Determination by coroner that reported death not a reportable death
28Certain reportable deaths do not require investigation
29Reviewable deaths may be referred to the Institute
30State Coroner may investigate a reviewable death without referring the reviewable death to the Institute
31Determination by State Coroner that death not a reviewable death
32Providing relevant persons with coronial process information
33Preliminary examinations
34Identification direction
35Identification procedure
36Direction for autopsy
37Autopsy report
38Objections to autopsy
39Request for an autopsy
40Removal of tissue and preserving material
41Senior next of kin to be advised of removal of tissue direction
Part 2—Investigation of fires
42Requests for an investigation into a fire
Part 3—Assistance to coroner in investigations
43Person who made report of death to assist
44Registered medical practitioner to assist
45Person who asks for investigation of fire to assist
Part 4—Powers relating to investigation
46Authorising entry, search, inspection and possession
47Application for exhumation
48Suggestions regarding a proposed exhumation
49Authorisation of exhumation
Part 5—General
50Release of body
51Application to coroner for release of body
Order 6—Inquests into deaths and fires
52Requests for an inquest
53Decision regarding whether inquest to be held
54Publication of the details of an inquest
55Closed court orders
56Interested party
57Privilege in respect of self-incrimination
58Warrants for arrest
Order 7—Seizure
59Storage of seized, taken or received things or samples
60Access to seized, taken or received things or samples
61Seized, taken or received things or samples no longer required to be held
62Release of seized, taken or received things or samples
Order 8—Findings, recommendations and referrals
63Findings of coroner investigating a death
64Findings of coroner investigating a fire
65Findings not required if inquest not held or discontinued
66Proceeding suppression order
67Reports and recommendations
68Publication of findings and reports
69Publication of determination, ruling or order
70Re-opening of an investigation or setting aside a finding
Order 9—Registrars
71Functions of registrars
Order 10—Allowances and reimbursement of expenses
72Attendance expenses for expert witnesses
73Allowances and expenses of witnesses other than expert witnesses
74Meals
75Accommodation
76Travelling
77Evidence of expenses etc. to be produced
Order 11—Access to documents
78Access to documents
Form 1—Affidavit of service
Form 2—Determination by Coroner that reported death is not a reportable death
Form 2A—Determination by coroner that death probably occurred more than 100 years before it was reported
Form 3—Finding into death and determination to discontinue investigation
Form 4—Referral of reviewable death to the Victorian Institute of Forensic Medicine
Form 5—Decision not to refer reviewable death to the Victorian Institute of Forensic Medicine
Form 6—Determination that death is not a reviewable death
Form 7—Identification direction
Form 8—Determination by coroner of identity of deceased
Form 9—Direction regarding autopsy
Form 10—Determination by Coroner following a request to reconsider a direction that an autopsy be performed
Form 11—Notice of decision to refuse request for autopsy
Form 12—Advice to Coroner regarding preservation of tissue or material
Form 13—Direction to preserve tissue or material
Form 14—Request for release of preserved tissue or material
Form 15—Order to release preserved tissue or material
Form 16—Request to investigate a fire
Form 17—Determination following a request to investigate a fire
Form 18—Authorisation by Coroner to a police officer
Form 19—Result of search
Form 20—Application for exhumation
Form 21—Refusal to authorise exhumation
Form 22—Notice of intention to authorise exhumation
Form 23—Authorisation of exhumation
Form 24—Order for release of body
Form 25—Application for release of body
Form 26—Request for inquest into death
Form 27—Request for inquest into fire
Form 28—Decision by Coroner whether an inquest will be held into a death
Form 29—Decision by Coroner whether an inquest will be held into a fire
Form 30—Closed Court Order
Form 31—Application for leave to appear as an interested party
Form 32—Certificate under section 57 of the Coroners Act 2008
Form 33—Warrant to arrest
Form 34—Application for access to or release of seized, taken or received thing or sample
Form 35—Order by Coroner following application for access to seized, taken or received thing or sample
Form 36—Order by Coroner for release, destruction or disposal of seized, taken or received thing
Form 37—Finding into death following inquest
Form 38—Finding into death without inquest
Form 39—Finding into fire following inquest
Form 40—Finding into fire without inquest
Form 41—Determination that inquest will not be held or will be discontinued
Form 42—Proceeding suppression order
Form 42A—Interim order
Form 42B—Notice of application for suppression order
Form 43—Application to set aside finding
Form 44—Order following application to set aside finding
Form 45—Application for access to coronial documents/transcript of hearing
Form 46—Order for release of documents
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Coroners Court Rules 2019
S.R. No. 97/2019
Version as at
28 October 2019
Order 1—Preliminary
Part 1—General
1Object and title
(1)The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria.
(2)These Rules may be cited as the Coroners Court Rules 2019.
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 28 October 2019.
4Revocations
The following Rules are revoked—
(a)Coroners Court Rules 2009[1];
(b)Coroners Court (Amendment No. 1) Rules 2011[2];
(c)Coroners Court (Form 10 Amendment) Rules 2014[3];
(d)Coroners Court (Amendment No. 2) Rules 2014[4].
5Definitions
In these Rules, unless the context or subject matter otherwise requires—
corporation means any body corporate, whether formed within or out of Victoria;
proceeding suppression order has the same meaning as it has in section 3 of the Open Courts Act 2013;
suppression order has the same meaning as it has in section 3 of the Open Courts Act 2013;
the Act means the Coroners Act 2008.
6Application
(1)These Rules apply to any proceeding in the Coroners Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which these Rules come into operation.
(2)The revocation of the Coroners Court Rules 2009 does not affect anything done or omitted to be done in a pending proceeding and, except as provided in these Rules, anything so done or omitted to be done is taken to have been done or omitted to be done under these Rules.
Part 2—Miscellaneous
7Act by corporation
If the Coroners Court orders that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.
8Seal of the Coroners Court
(1)Marking a document or a copy of a document with the seal of the Coroners Court is sufficient compliance with any requirement of these Rules or an order of the Coroners Court that the document or copy be sealed.
(2)Any order or finding made by a coroner must bear the seal of the Coroners Court.
9Effect of non-compliance
A failure to comply with these Rules is an irregularity and does not render a nullity—
(a)an inquest;
(b)a step taken in an inquest;
(c)any document; or
(d)any order.
10Dispensing with compliance
The Coroners Court may dispense with compliance with any of the requirements of these Rules—
(a)either before or after the occasion for compliance arises; and
(b)whether or not there has been a failure to comply.
Order 2—Time and documents
11Calculating time
(1)Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule.
(2)If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event is excluded.
(3)If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event is included.
(4)If a period of 5 days or less would include a day on which the Coroners Court is closed, that day is excluded.
(5)If the last day for doing any act at the Coroners Court is a day on which the Coroners Court is closed, the act may be done on the next day that the Coroners Court is open.
12Extension and abridgement
The Coroners Court may extend or abridge any time—
(a)fixed by these Rules; or
(b)by any order fixing, extending or abridging time.
13Fixing time
If no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time.
14Time for service
In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, any document which is served after 4.00 p.m. or on any day on which the Coroners Court is closed is taken to have been served on the next day the Coroners Court is open.
15Filing of documents
Except as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by—
(a)lodging the document with a registrar of the Coroners Court; or
(b)transmitting the document by electronic communication to the Coroners Court.
16Inappropriate documents
If a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order—
(a)that the offending matter be deleted; or
(b)that the document be taken off the file.
Order 3—Service
17When personal service is necessary
(1)Any document required or permitted to be served may be served personally.
(2)Unless personal service is required by these Rules or by order, a document need not be served personally.
18Summons must be served personally
Unless the Rules otherwise provide or the Coroners Court otherwise orders, a summons must be served personally.
19How personal service is effected
(1)Personal service of a document is effected—
(a)by leaving a copy of the document—
(i)with the person to be served; or
(ii)if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document;
(b)by delivering a copy of the document to the place of residence of the person to be served—
(i)to a person apparently above the age of 16 years who resides at that place; or
(ii)if the place of residence is a hotel, a boarding house or similar establishment, to a person apparently above the age of 16 years who is apparently in charge of the establishment or engaged in the office of the establishment; or
(c)if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business.
(2)To effect personal service it is not necessary to produce the original document at the time of service.
20Service on particular persons
Personal service of a document may be effected by serving the document in accordance with Rule 19, in the case of—
(a)a corporation—
(i)on the mayor, chairperson, president or other head officer of the corporation;
(ii)on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or
(iii)if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision;
(b)a minor—
(i)on a parent or guardian of the minor; or
(ii)if there is no parent or guardian, on the person with whom the minor resides or in whose care the minor is;
(c)the Crown in the right of the Commonwealth or the Commonwealth—
(i)on the Attorney-General of the Commonwealth; or
(ii)on a person appointed by the Attorney‑General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth; or
(d)the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor.
21How ordinary service effected
(1)If personal service of a document is not required, the document may be served—
(a)by leaving the document at the address for service of the person to be served;
(b)by posting the document to the person to be served at that person's address for service; or
(c)if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision.
(2)If a document is sent by post in accordance with paragraph (1)(b), the day of service of the document is taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.
22Substituted service
(1)If for any reason it is impracticable to serve a document in the manner required by these Rules, the Coroners Court may order that such steps be taken as the Coroners Court specifies for the purposes of bringing the document to the notice of the person to be served.
(2)If the Coroners Court makes an order under paragraph (1), the Coroners Court may order that the document be taken to have been served—
(a)on the happening of any specified event; or
(b)on the expiry of any specified time.
(3)The Coroners Court may make an order under paragraph (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the inquest commenced.
23Service of document by the Coroners Court
Unless the Rules otherwise provide or the Coroners Court otherwise orders, if under these Rules or under an order of the Coroners Court a document is to be given to, or served on, any person by the Coroners Court, the document is sufficiently served by ordinary post.
24Affidavit of service
(1)An affidavit of service of any document must—
(a)be in Form 1;
(b)state by whom the document was served;
(c)state the time and date on which it was served;
(d)state the place at which it was served; and
(e)state the mode of service.
(2)A document purporting to be an affidavit of service is taken to be evidence of the proper service of a document unless the contrary is proved.
(3)An affidavit of service must be filed in the Coroners Court as soon as practicable after service of a document.
Order 4—Reporting of deaths
25Obligation to report deaths
(1)A person who is required under Part 3 of the Act to report a reportable death to a coroner must make the report in accordance with this Rule.
(2)A person who is required under Part 3 of the Act to report a reviewable death to the State Coroner must make the report in accordance with this Rule.
(3)A person required to make a report referred to in paragraph (1) or (2)—
(a)must make the report by telephone or in writing; and
(b)must provide the coroner or State Coroner (as required) with as much information relating to the death as practicable including the following—
(i)the name and address of the deceased;
(ii)the age and date of birth of the deceased;
(iii)the sex of the deceased;
(iv)whether the deceased had a treating registered medical practitioner or registered dentist and the details of that practitioner;
(v)the relationship status of the deceased;
(vi)the senior next of kin of the deceased;
(vii)the location of the deceased;
(viii)the date and time of death or an estimate of the date and time of death;
(ix)the name of the person reporting the death;
(x)if the person referred to in sub‑subparagraph (ix) is a responsible person within the meaning of section 11 of the Act, the contact details of the person and the details of the person's role as a responsible person in relation to the deceased;
(xi)whether the deceased was Aboriginal or Torres Strait Islander.
26Obligation of registered medical practitioner to report death
(1)A registered medical practitioner who makes a report under section 10 of the Act, in accordance with Rule 25, must give a written medical deposition to the coroner as soon as practicable after making the report to the coroner.
(2)A registered medical practitioner who makes a report under section 13 of the Act, in accordance with Rule 25, must give a written medical deposition to the State Coroner as soon as practicable after making the report to the State Coroner or the Institute.
(3)A medical deposition of a registered medical practitioner under paragraph (1) or (2) may be given to the State Coroner or coroner (as required) by electronic communication.
Note
Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.
Order 5—Investigation of deaths and fires
Part 1—Investigation of deaths
27Determination by coroner that reported death not a reportable death
(1)A determination made by a coroner under section 16(1) of the Act must be in Form 2.
(2)A determination made by a coroner under section 16(5) of the Act must be in Form 2A.
28Certain reportable deaths do not require investigation
A determination by a coroner under section 17 of the Act to discontinue an investigation into a death must be in Form 3.
29Reviewable deaths may be referred to the Institute
(1)For the purposes of section 18(1) of the Act, the State Coroner may direct that a reviewable death be referred to the Institute.
(2)A direction under paragraph (1) must be in Form 4.
(3)A copy of a direction made under this Rule must be given to the Institute by the principal registrar.
30State Coroner may investigate a reviewable death without referring the reviewable death to the Institute
If the State Coroner is required under section 19(2) of the Act to advise the Institute that the State Coroner has decided not to refer a reviewable death to the Institute, the advice must be in Form 5.
31Determination by State Coroner that death not a reviewable death
If the State Coroner determines under section 20 of the Act that a death is not a reviewable death, the State Coroner's written notice of that determination must be in Form 6.
32Providing relevant persons with coronial process information
(1)For the purposes of section 21(a) of the Act, the prescribed information required to be provided to the senior next of kin must be provided—
(a)by electronic communication; or
(b)to a postal address nominated by that person.
(2)For the purposes of section 21(b) of the Act, the prescribed information provided to any other person must be provided—
(a)by electronic communication; or
(b)to a postal address nominated by that person.
Note
Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.
33Preliminary examinations
(1)If a coroner has provided a body to a medical investigator to enable a preliminary examination to be performed on the body under section 23(2) of the Act, the medical investigator must provide a report to a coroner on the preliminary examination in accordance with this Rule.
(2)A report on a preliminary examination must—
(a)be in writing;
(b)contain a summary of the following—
(i)any procedure undertaken;
(ii)any specimen taken;
(iii)any testing performed or ordered;
(iv)a reasonable medical cause of death (if available);
(v)any material considered (including the medical and circumstantial history);
(c)be provided to the coroner as soon as practicable after the preliminary investigation has been performed; and
(d)specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the preliminary examination and a summary of that consultation or information.
(3)Unless a coroner otherwise orders, a report on a preliminary examination is confidential and must only be provided to the Coroners Court.
34Identification direction
A direction made by a coroner under section 24 of the Act must be in Form 7.
35Identification procedure
(1)If a medical investigator has been directed by a coroner to perform an identification procedure on a body under section 24 of the Act, the medical investigator must provide a report to the coroner on the identification procedure in accordance with this Rule.
(2)A report on an identification procedure must—
(a)be in writing;
(b)be provided to the coroner as soon as practicable after the identification procedure has been performed;
(c)state the identity of the deceased if the identity can be ascertained;
(d)specify what procedure has been performed on the body; and
(e)specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the identification procedure and a summary of that consultation or information.
(3)Unless a coroner otherwise orders, a report on an identification procedure is confidential and must only be provided to the Coroners Court.
(4)After a report on an identification procedure has been provided to a coroner, the coroner must make a determination about the identity of the deceased.
(5)A determination made under paragraph (4) must be made in Form 8.
36Direction for autopsy
(1)A direction for an autopsy made by a coroner under section 25 of the Act must be in Form 9.
(2)Notification of the direction for an autopsy must be provided to a medical investigator in electronic form as soon as practicable.
37Autopsy report
(1)If a medical investigator has been directed by a coroner to perform an autopsy on a body, the medical investigator must provide a report to the coroner in accordance with this Rule.
(2)A report on an autopsy must—
(a)be typed;
(b)be provided to the registrar as soon as practicable after the autopsy has been performed;
(c)state the identity of the deceased if the identity can be ascertained;
(d)specify what procedure has been performed on the body; and
(e)specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the autopsy and a summary of that consultation or information.
(3)Unless a coroner otherwise orders, a report on an autopsy is confidential and must only be provided to the Coroners Court.
38Objections to autopsy
(1)A request made by the senior next of kin of a deceased person under section 26(2)(a) of the Act—
(a)may be communicated to the Coroners Court by telephone; and
(b)must be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.
(2)The written confirmation of the senior next of kin under paragraph (1)(b) must—
(a)specify the reasons for making the request under section 26(2)(a) of the Act; and
(b)be signed by the senior next of kin.
(3)After considering a request made under section 26(2)(a) of the Act, the coroner must make a determination affirming, revoking or amending the direction for an autopsy made under section 25 of the Act.
(4)A determination to affirm, revoke or amend a direction for an autopsy must be in Form 10.
(5)A consent to a waiver by the senior next of kin of a deceased person under section 26(2)(b) of the Act—
(a)may be communicated verbally, either in person or by telephone; and
(b)must be communicated to 2 members of staff of the Coroners Court or the Institute.
39Request for an autopsy
(1)A request under section 27(1) of the Act for a direction by the coroner that an autopsy be performed must—
(a)be communicated by telephone to the Coroners Court after the deceased person has been admitted to the Coroners Court; and
(b)be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.
(2)A written confirmation under paragraph (1)(b) must—
(a)specify the reasons for making the request; and
(b)be signed by the person making the request.
(3)A coroner must give notice of the coroner's decision to refuse a request made under section 27(1) of the Act.
(4)A notice referred to in paragraph (3) must—
(a)be in Form 11; and
(b)specify the coroner's reasons in accordance with section 27(2) of the Act.
(5)Unless the coroner otherwise orders, if the person making a request under section 27(1) of the Act is not the senior next of kin, a registrar must notify the senior next of kin of the request and the decision of the coroner in respect of that request.
40Removal of tissue and preserving material
(1)This Rule applies to tissue that is—
(a)a visibly recognisable, functional unit of the body such as the liver, heart or brain;
(b)a whole or substantial part of a visibly recognisable, functional unit of the body or other body parts; or
(c)a whole or substantial part of a foetus regardless of the gestation period.
(2)For the purposes of section 28(2) of the Act, a medical investigator must advise the coroner if the removal and preservation of tissue or other material is necessary because it appears to bear on the cause or circumstances of the death or the identity of the deceased person.
(3)The advice provided to a coroner under paragraph (2) by a medical investigator must be in Form 12.
(4)A direction to a medical investigator made by a coroner under section 28(2) of the Act, after the coroner has received advice from a medical investigator in accordance with this Rule—
(a)must be in Form 13;
(b)must specify for how long any tissue or other material may be preserved; and
(c)may specify different lengths of time depending on the tissue or material and the reasons for its removal.
41Senior next of kin to be advised of removal of tissue direction
(1)If a coroner makes a direction to a medical investigator under section 28(2) of the Act, the medical investigator or a registrar must, by notice, advise the senior next of kin of the direction.
(2)A notice under paragraph (1) must specify the following—
(a)the tissue or other material to be preserved;
(b)the duration for which the tissue or other material is required to be preserved;
(c)that if the tissue or other material is not destroyed during the medical examination, the senior next of kin may have the option to deal with the tissue or other material after the expiry of the preservation period;
(d)that an option to deal with the tissue or other material after the expiry of the preservation period may be restricted because of public health and safety concerns or the interests of justice;
(e)that, if the senior next of kin decides to exercise the option to deal with the tissue or other material after the expiry of the preservation period—
(i)the senior next of kin may advise the medical investigator or registrar of that decision; and
(ii)the medical investigator or registrar must complete a request for release of tissue and preserved material form on behalf of the senior next of kin.
(3)A request for release of tissue and preserved material form must be in Form 14.
(4)If a coroner receives a request for release of tissue and preserved material, the coroner may order the release of the preserved tissue or other material if—
(a)the tissue or other material has not been destroyed; and
(b)there are no concerns regarding the release of the tissue or other material as specified in paragraph (2)(d).
(5)An order under paragraph (4) must be in Form 15.
Part 2—Investigation of fires
42Requests for an investigation into a fire
(1)A request under section 30(1) or 31(1) of the Act for a coroner to investigate a fire must—
(a)be in Form 16; and
(b)specify the reason why the investigation of the fire is sought.
(2)A coroner's determination in respect of a request made under section 30(1) or 31(1) of the Act must be in Form 17.
Part 3—Assistance to coroner in investigations
43Person who made report of death to assist
(1)A person to whom section 32 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death no later than 7 days after the coroner's request for information or assistance has been made of the person.
(2)If the coroner has requested information, a person to whom section 32 of the Act applies must give the coroner the information in writing or any other form specified by the coroner.
44Registered medical practitioner to assist
(1)A registered medical practitioner to whom section 33 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death no later than 7 days after the coroner's request for information or assistance has been made of the registered medical practitioner.
(2)If the coroner has requested information, a registered medical practitioner to whom section 33 of the Act applies must give the coroner the information in writing or any other form specified by the coroner.
45Person who asks for investigation of fire to assist
A person to whom section 34 of the Act applies must give the coroner the information requested by the coroner in respect of an investigation of a fire—
(a)no later than 7 days after the coroner's request for information has been made of the person; and
(b)in writing or any other form specified by the coroner.
Part 4—Powers relating to investigation
46Authorising entry, search, inspection and possession
(1)An authorisation under section 39 of the Act must be in Form 18.
(2)After an authorisation under section 39 of the Act has been exercised, a result of search form must be completed by a police officer.
(3)A result of search form must be in Form 19.
47Application for exhumation
(1)For the purposes of section 43(2) of the Act, the form for an application for exhumation of a body is Form 20.
(2)A refusal of an application to authorise an exhumation of a body by the State Coroner must—
(a)specify the State Coroner's reasons for the refusal; and
(b)be in Form 21.
48Suggestions regarding a proposed exhumation
A suggestion by the senior next of kin under section 45(1)(a) of the Act as to how and whether a proposed exhumation should be conducted must be—
(a)in writing; and
(b)filed with a registrar within the time specified by the State Coroner.
49Authorisation of exhumation
(1)A notice under section 45(1) of the Act of the State Coroner's intention to authorise an exhumation must be in Form 22.
(2)An authorisation made by the State Coroner under section 46 of the Act for the exhumation of a body must be in Form 23.
(3)Unless section 45(5) of the Act applies, a copy of the authorisation must be served on—
(a)the senior next of kin;
(b)if the body is in a public cemetery, the cemetery trust responsible for the public cemetery; and
(c)if the body is in a place of interment that is not a public cemetery, the owner of the land where the place of interment is located.
Part 5—General
50Release of body
An order made by a coroner to release a body under section 47 of the Act must be in Form 24.
51Application to coroner for release of body
If 2 or more persons apply for release of a body under section 48(2) of the Act, each applicant must complete an application which must be in Form 25.
Order 6—Inquests into deaths and fires
52Requests for an inquest
(1)A request under section 52(5) of the Act for an inquest into a death that the coroner is investigating must—
(a)be in Form 26; and
(b)specify the reason why the inquest is sought.
(2)A request under section 53(2) of the Act for an inquest into a fire that the coroner is investigating must—
(a)be in Form 27; and
(b)specify the reason why the inquest is sought.
53Decision regarding whether inquest to be held
(1)A decision by a coroner under section 52(6) of the Act as to whether an inquest into a death will be held must—
(a)be in Form 28; and
(b)specify the reasons for the decision.
(2)A decision by a coroner under section 53(3) of the Act as to whether an inquest into a fire will be held must—
(a)be in Form 29; and
(b)specify the reasons for the decision.
54Publication of the details of an inquest
(1)Under section 61 of the Act, a registrar must publish a notice of an inquest at least 14 days before the inquest unless a coroner otherwise directs.
(2)Notice under paragraph (1) must—
(a)be published in a daily newspaper circulating throughout the State or on the internet; and
(b)contain the date, time, place and subject of the inquest.
55Closed court orders
(1)A closed court order made under section 30(3) of the Open Courts Act 2013 must be in Form 30.
(2)In this Rule—
closed court order has the same meaning as it has in section 3 of the Open Courts Act 2013.
56Interested party
(1)For the purposes of section 56 of the Act, a person may apply for leave to appear as an interested party at an inquest.
(2)An application under paragraph (1) must be in Form 31.
57Privilege in respect of self-incrimination
A certificate under section 57(5) and (6) of the Act must be in Form 32.
58Warrants for arrest
A warrant to arrest a person issued under section 59 of the Act must be in Form 33.
Order 7—Seizure
59Storage of seized, taken or received things or samples
(1)Seized, taken or received things or samples must be held at a location determined by a coroner or the State Coroner.
(2)Seized, taken or received things or samples must be held in a manner that protects them from damage, wear and decay so far as is reasonably possible.
60Access to seized, taken or received things or samples
(1)Seized, taken or received things or samples must not be accessed by anyone other than an officer of the Coroners Court or any other person assisting a coroner, unless the coroner or the State Coroner orders that access may be granted to a person or class of persons.
(2)A person may apply to the Coroners Court for access to seized, taken or received things or samples.
(3)An application under paragraph (2) must be in Form 34.
(4)An order under paragraph (1) may be subject to any condition that the coroner thinks fit, including but not limited to—
(a)restrictions on the type and duration of access; and
(b)a requirement that an officer of the Coroners Court, or any person assisting a coroner, be present while the thing is being accessed.
(5)An order allowing access to seized, taken or received things or samples must be in Form 35.
61Seized, taken or received things or samples no longer required to be held
(1)A seized, taken or received thing or sample is no longer required to be held if the thing—
(a)is no longer reasonably required by the Coroners Court for the purposes of investigations or inquests; and
(b)is not likely to become reasonably required by the Coroners Court for the purposes of investigations or inquests.
(2)If a seized, taken or received thing or sample is no longer required to be held under paragraph (1), the Coroners Court may—
(a)make an order for the release of the seized, taken or received thing or sample in accordance with Rule 62; or
(b)make an order for the destruction or disposal of the seized, taken or received thing or sample in any manner the Court considers appropriate.
(3)An order made under paragraph (2)(b) must be in Form 36.
62Release of seized, taken or received things or samples
(1)A person may apply to the Coroners Court for a seized, taken or received thing or sample to be released to the person.
(2)An application under paragraph (1) must be in Form 34.
(3)Subject to paragraph (5), if a seized, taken or received thing or sample is no longer required to be held, the Coroners Court may make an order for—
(a)release of the thing or sample to its owner; or
(b)if the owner of the thing or sample cannot be identified or found—
(i)release of the thing or sample to a person who has applied for release of the thing or sample under paragraph (1); or
(ii)release of the thing or sample to a specified person.
(4)An order under paragraph (3) must be in Form 36.
(5)An order under paragraph (3) must not be made unless—
(a)a person can be specified to whom it is appropriate that the thing or sample be released; and
(b)it is safe for the thing or sample to be released.
Order 8—Findings, recommendations and referrals
63Findings of coroner investigating a death
(1)Under section 67 of the Act, the finding of a coroner following an inquest into a death must be in Form 37.
(2)Under section 67 of the Act, the finding of a coroner in respect of a death for which an inquest has not been held must be in Form 38.
64Findings of coroner investigating a fire
(1)Under section 68 of the Act, the finding of a coroner following an inquest into a fire must be in Form 39.
(2)Under section 68 of the Act, the finding of a coroner in respect of a fire for which an inquest has not been held must be in Form 40.
65Findings not required if inquest not held or discontinued
(1)If, under section 71 of the Act, a coroner is not required to make any of the findings specified in section 67(1) of the Act in respect of a death, the coroner must complete a determination.
(2)A determination under paragraph (1) must be in Form 41.
66Proceeding suppression order
(1)A proceeding suppression order made by a coroner under section 18(2) of the Open Courts Act 2013 must be in Form 42.
(2)An interim order made by a coroner under section 20 of the Open Courts Act 2013 in respect of an application for a proceeding suppression order must be in Form 42A.
(3)For the purposes of section 10 of the Open Courts Act 2013, a notice of an application for a suppression order must be in Form 42B.
67Reports and recommendations
(1)A report made by a coroner under section 72(1) of the Act to the Attorney-General on a death or fire the coroner has investigated must be in writing.
(2)Recommendations made by a coroner in connection with a death or fire to any Minister, public statutory authority or entity under section 72(2) of the Act must—
(a)be in writing;
(b)be served by registered post, or given, to the Minister, public statutory authority or entity; and
(c)include a copy of the coroner's findings in respect of the death or fire investigated by the coroner.
(3)A written response provided by a public statutory authority or entity under section 72(3) and (4) of the Act must be provided in accordance with any guidelines prepared by the Coroners Court and published on the Internet.
(4)A registrar must, as soon as practicable after a coroner receives a written response of a public statutory authority or entity under section 72(3) and (4) of the Act—
(a)publish the written response on the website of the Coroners Court;
(b)if the coroner's recommendations in respect of which the written response was prepared were connected with a death, send by ordinary post, a copy of the written response to the senior next of kin; and
(c)if possible, email a link to the published written response on the website of the Coroners Court to any person who—
(i)has advised the principal registrar that they have an interest in the subject of the recommendations; and
(ii)the principal registrar considers to have a sufficient interest in the subject matter of the recommendations.
68Publication of findings and reports
(1)For the purposes of section 73(1) of the Act and subject to any order made by a coroner, the findings, comments and recommendations made following an inquest must be published on the website of the Coroners Court as soon as practicable.
(2)For the purposes of section 73(1A) of the Act and without limiting any power of the Coroners Court, a coroner may order that the findings, comments and recommendations made following an investigation be published on the website of the Coroners Court as soon as practicable.
(3)For the purposes of section 73(1B) of the Act, the 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 website of the Coroners Court as soon as practicable.
69Publication of determination, ruling or order
Without limiting any power of the Coroners Court, a coroner may order that a determination, ruling or order made by the coroner be published on the website of the Coroners Court as soon as practicable.
70Re-opening of an investigation or setting aside a finding
(1)An application under section 77(1) of the Act for an order that some or all of the findings of a coroner after an investigation should be set aside must be in Form 43.
(2)An order made by the Coroners Court under section 77 of the Act must be in Form 44.
Order 9—Registrars
71Functions of registrars
For the purposes of section 98(d) of the Act, a registrar may issue a summons requiring a witness to attend the Coroners Court to give oral evidence or produce any document or other material.
Order 10—Allowances and reimbursement of expenses
72Attendance expenses for expert witnesses
Unless a coroner otherwise orders, a witness who is called to give evidence at the Coroners Court in a professional or expert capacity is entitled to an amount of up to $340 per hour but not exceeding $2040 per day for loss of income in attending the Court.
73Allowances and expenses of witnesses other than expert witnesses
(1)This Rule applies to a witness who is called to give evidence at the Coroners Court other than in a professional or expert capacity.
(2)If the witness is engaged in an income producing vocation and loses income because of their attendance at the Coroners Court, the witness is entitled to an amount of up to $100 per hour, not exceeding $601 per day, for the time spent in attendance at the Court.
(3)If the witness incurs childcare expenses because of their attendance at the Coroners Court the witness is entitled to those reasonable childcare expenses incurred.
74Meals
(1)A witness who is called to give evidence at the Coroners Court and who is necessarily absent from their home by reason of the attendance at Court is entitled to the following allowances set out in Table 1 for meals during their absence if the witness is absent from their home overnight.
Table 1
Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95
(2)A witness who is called to give evidence at the Coroners Court and who is necessarily absent from their home by reason of the attendance at Court is entitled to the following allowances set out in Table 2 for meals during their absence if the witness is absent for a part of a day only, departing and returning the same day.
Table 2
Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30
(3)Despite paragraph (1) or (2), a witness is only entitled to an allowance—
(a)for breakfast, if they are absent from their home between 7.00 a.m. and 9.30 a.m.;
(b)for lunch, if they are absent from their home between 12.00 p.m. and 3.00 p.m.; and
(c)for dinner, if they are absent from their home between 5.00 p.m. and 7.00 p.m..
75Accommodation
A witness who is called to give evidence at the Coroners Court and who is necessarily absent from their home overnight because of their attendance at the Court is entitled to the cost incurred by the witness of alternative accommodation up to a maximum of $150.00 for each night of their absence.
76Travelling
(1)A witness who is called to give evidence at the Coroners Court is entitled to be reimbursed in respect of the expense of travelling to and from the Court equal to the cost of the most economical form of transport having regard to the total expense of attending the Court.
(2)For the purposes of paragraph (1), if the witness uses their own vehicle, they are entitled to a reimbursement of 18 cents for each kilometre travelled to or from the Court.
77Evidence of expenses etc. to be produced
The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar—
(a)in the case of Rule 73(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation;
(b)in the case of Rule 73(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses;
(c)in the case of Rule 74, evidence that the witness was absent from their home by reason of attendance at the Coroners Court at the relevant times;
(d)in the case of Rule 75, evidence of the expenditure or cost incurred by the witness;
(e)in the case of Rule 76(1), evidence of the cost of the most economical form of transport.
Order 11—Access to documents
78Access to documents
(1)For the purposes of section 115(2)(f) of the Act, a coroner may release a document to any person if the coroner is satisfied that the person has a sufficient interest in the document.
(2)A person or a statutory body specified in section 115(2) of the Act may apply to a coroner for release of a document.
(3)An application under paragraph (2) must be in Form 45.
(4)For the purposes of section 115(1) or (2) of the Act, a coroner may order that the release of a document is subject to the conditions placed on that release.
(5)An order made under paragraph (4) must be in Form 46.
Form 1—Affidavit of service
Rule 24
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
AFFIDAVIT OF SERVICE
I, [name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s):
[describe the document(s) served]
*by leaving it with them personally at [address]
*by delivering it to their place of residence to [name] a person apparently over the age of 16 years and residing there at [address]
*by delivering it to their place of business to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business at [address]
*by posting it by prepaid ordinary post at [address] in an envelope addressed to them at their address for service at [address]
*by leaving it at [address]
*by sending it by post to the registered office of that corporation at [address]
*by posting it by registered post at [address] in an envelope addressed to them at their address for service at [address]
*by giving to [name] at [address]
*by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address]
on [day of week], the day of 20 at *a.m./ *p.m.
| *SWORN/*AFFIRMED at: _____________ [place] in the State of Victoria on: _____________ [date] |
Signature of person making affidavit |
Before me: __________________________
Signature of person witnessing affidavit
authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.
[Name and address in legible writing, typing or stamp]
*Delete if inapplicable
Form 2—Determination by Coroner that reported death is not a reportable death
Rule 27(1)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE DEATH
1.On [date], [full name of reporting person], *[position], *[organisation] reported the death of:
(a) [full name of deceased], *born [date of birth]/*aged [age];
(b)who died *on or about/*on/*between [date of death];
(c)at [place of death], [state], [postcode].
2.Having investigated the death, I determine that the death is not a reportable death under section *16(1)/*16(1A) of the Coroners Act 2008 ('the Act') because:
*the death is not a reportable death described in section 4 of the Act;
*the death is a reportable death described in section *4(2)(h)/ *4(2)(i) of the Act but is not otherwise a death described in section 4(2) of the Act;
[specify reasons].
3.I discontinue the investigation into the death under section 16(3) of the Act.
4.*I direct that a copy of this determination be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Under section 78 of the Coroners Act 2008 ('the Act'), the person who reported the death that is determined by a coroner not to be a reportable death may appeal to the Trial Division of the Supreme Court. An appeal under section 78 of the Act must be made within 28 days after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
*Delete if inapplicable
Form 2A—Determination by coroner that death probably occurred more than 100 years before it was reported
Rule 27(2)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION BY CORONER THAT DEATH PROBABLY OCCURRED MORE THAN 100 YEARS BEFORE IT WAS REPORTED
1.On [date], [name of reporting person], *[position], *[organisation] reported the death of:
(a)[name of deceased], *born [date of birth]/*aged [age];
(b)who died *on or about/*on/*between [date of death];
(c)at [place of death], [state], [postcode].
2.I determine the death probably occurred more than 100 years before the death was reported to the Coroners Court, because:
(a)the cogency and consistency of all evidence relevant to the death supports such a finding.
(b)[specify any additional reasons].
3.I discontinue the investigation into the death under section 16(5) of the Coroners Act 2008.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 3—Finding into death and determination to discontinue investigation
Rule 28
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
FINDING INTO DEATH AND DETERMINATION TO DISCONTINUE INVESTIGATION
1.Having investigated the death of [name of deceased], and without having held an inquest, I find under section 67(1) of the Coroners Act 2008 ('the Act'):
(a)the identity of the deceased is [name of deceased], *born [date of birth]/*aged [age];
(b)the death occurred *on or about/*on/*between [date of death], at [location of death, state, postcode]; and
(c)the cause of death was:
1(a)
1(b)
1(c)
2
2.I determine to discontinue an investigation under section 17 of the Act because:
(a)other than the death being unexpected, the death was not a death referred to in section 4(2)(a) of the Act; and
(b)the death is not a death referred to in section 4(2)(b), (c), (d), (e), (f), (g) or (j) of the Act; and
(c)a medical investigator conducted a medical examination and provided a report that included an opinion that the death was due to natural causes; and
(d)the death is not a reviewable death.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 4—Referral of reviewable death to the Victorian Institute of Forensic Medicine
Rule 29
IN THE CORONERS COURT Court Reference
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
1.I refer the death of [name of deceased], *born [date of birth]/
*aged [age] to the Victorian Institute of Forensic Medicine under section 18(1) of the Coroners Act 2008.2.I consider 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 1985.
| Signature: _____________________________________ [NAME OF CORONER] STATE CORONER Date: |
*Delete if inapplicable
Form 5—Decision not to refer reviewable death to the Victorian Institute of Forensic Medicine
Rule 30
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DECISION NOT TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
1.I have decided to investigate the death of [name of deceased], *born [date of birth]/*aged [age] that is or may be a reviewable death without referring the death to the Victorian Institute of Forensic Medicine, as I consider it is necessary and appropriate to do so under section 19(1) of the Coroners Act 2008 ('the Act').
2.I direct a copy of this decision be provided to the Victorian Institute of Forensic Medicine, under section 19(2) of the Act.
| Signature: _____________________________________ [NAME OF CORONER] STATE CORONER Date: |
*Delete if inapplicable
Form 6—Determination that death is not a reviewable death
Rule 31
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION THAT DEATH IS NOT A REVIEWABLE DEATH
1.On [date], [name of reporting position], *[position], *[organisation] reported the death of:
(a) [name of deceased], *born on [date of birth]/*aged [age];
(b) who died *on or about/*on/*between [date of death];
(c) at [place of death], [state], [postcode].
2.I determine the death is not a reviewable death under section 20(1) of the Coroners Act 2008 ('the Act'), because:
[specify reasons]
3.I discontinue the investigation into the death, under section 20(3) of the Act.
| Signature: _____________________________________ [NAME OF CORONER] STATE CORONER Date: |
*Delete if inapplicable
Form 7—Identification direction
Rule 34
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
IDENTIFICATION DIRECTION
1.I direct [name of medical investigator], medical investigator, to perform [specify procedure] on the *body/*remains of the deceased as I consider it is necessary for identifying the deceased person.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 8—Determination by coroner of identity of deceased
Rule 35(5)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION BY CORONER OF IDENTITY OF DECEASED
1.Having considered the following information available to me at this time
o Police report of death (Police Form 83)
o Report of Medical Investigator
o VIFM admission photograph of the deceased
o VIFM identification report
o Statement of Identification
o Fingerprint report
o Scientist's report of the results of DNA comparison/analysis
o Medical Certificate of Cause of Death
o Initial Family Contact Log
o Clinical records of [please specify]
o Police report as to circumstances (Police Form 47)
o Other: [please specify]
I find that the identity of the deceased is [name of deceased], *born [date of birth]/*aged [age], because:
(a)*[specify reasons]; and
(b)the cogency and consistency of all evidence relevant to identification of the deceased supports such a finding.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 9—Direction regarding autopsy
Rule 36
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DIRECTION REGARDING AUTOPSY
1.In respect of the death of [name of deceased], *born [date of birth]/*aged [age], having considered the following information available to me at this time:
o Police report of death (Police Form 83)
o Report of Medical Investigator
o VIFM admission photograph of the deceased
o VIFM identification report
o Statement of Identification
o Fingerprint report
o Scientist's report of the results of DNA comparison/analysis
o Medical Certificate of Cause of Death
o Initial Family Contact Log
o Clinical records of [please specify]
o Police report as to circumstances (Police Form 47)
o Request for autopsy from [please specify]
o Other: [please specify]
AND having consulted with, and sought advice from, the medical investigator in relation to identifying the cause of death and having noted:
o the following specific concerns raised by the senior next of kin prior to making this direction:
[please specify]
o that it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located;
o that the person making the request for an autopsy direction is the senior next of kin;
o that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin;
I DIRECT that the medical investigator:
o perform an autopsy
OR
o perform an autopsy, on the following conditions under section 25(3) of the Coroners Act 2008 ('the Act'):
[specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy]
OR
o not perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2
OR
o not perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is not appropriate to give the autopsy direction even though a reasonable medical cause of death cannot be established because:
[please specify reasons]
2.I direct that the following test(s) be performed or material(s) be removed from the body under section 25(3)(b) of the Act:
o Nil Toxicology
o Full Routine Toxicology (o Ante Mortem o Post Mortem)
o Carboxyhaemoglobin saturation (o Ante Mortem o Post Mortem)
o Microbiology (o Ante Mortem o Post Mortem)
o Blood Alcohol Saturation (o Ante Mortem o Post Mortem)
o Other [please specify] (o Ante Mortem o Post Mortem).
3.I direct the autopsy be performed:
o after the expiry of the 48-hour period notice under section 26(4) of the Act. The calculation of the 48 hours commences at the time of notification to the senior next of kin;
OR
o immediately because the senior next of kin has confirmed that they consent to the autopsy proceeding immediately and will not appeal to the Supreme Court against the direction that an autopsy be performed under section 26(5)(b) of the Act;
OR
o immediately without giving notice to the senior next of kin under section 26(5)(a)(i) of the Act because I believe it is appropriate in the circumstances;
OR
o immediately without giving notice to the senior next of kin under section 26(5)(a)(ii) of the Act because there is no senior next of kin or the next of kin cannot be located.
| Signature: _____________________________________ [NAME OF CORONER] *STATE CORONER/*DEPUTY STATE CORONER/*CORONER Date: |
*Delete if inapplicable
NOTE: Under section 26 of the Coroners Act 2008 ('the Act'), within 48 hours after receiving notice of a direction to perform an autopsy, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed.
Under section 79 of the Act, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Trial Division of the Supreme Court, before the direction takes effect.
Form 10—Determination by Coroner following a request to reconsider a direction that an autopsy be performed
Rule 38
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION BY CORONER FOLLOWING A REQUEST TO RECONSIDER A DIRECTION THAT AN AUTOPSY BE PERFORMED
1.On [date], [name of senior next of kin], senior next of kin, asked me to reconsider the direction that an autopsy be performed upon the body of [name of deceased], *born [date of birth]/*aged [age], under section 26(2)(a) of the Coroners Act 2008 ('the Act'). [name of senior next of kin] had specific concerns that:
[specify concerns]
2.Having considered the concerns raised by the senior next of kin, and having consulted with and sought advice from *the Victorian Institute of Forensic Medicine/*a medical investigator, I have determined that:
o the autopsy is necessary for the investigation of the death and it is appropriate to give the autopsy direction;
o the autopsy is not necessary for the investigation of the death and it is not appropriate to give the autopsy direction;
o it is not appropriate to give the autopsy direction even though a reasonable medical cause of death cannot be established;
because:
[specify reasons—e.g. religious, cultural, preference of deceased]
3.*It is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2
4.I *affirm/*amend/*revoke my previous direction for autopsy dated [date of direction], and direct that the medical investigator:
operform an autopsy
OR
operform an autopsy, on the following conditions under section 25(3) of the Act:
[specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy]
OR
onot perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2
OR
onot perform an autopsy but provide a report based on the preliminary examination of the medical investigator.
5.*I direct that the following test(s) be performed or material(s) be removed from the body under section 25(3)(b) of the Act:
o Nil Toxicology
o Full Routine Toxicology (o Ante Mortem o Post Mortem)
o Carboxyhaemoglobin saturation (o Ante Mortem o Post Mortem)
o Microbiology (o Ante Mortem o Post Mortem)
o Blood Alcohol Saturation (o Ante Mortem o Post Mortem)
o Other [please specify] (o Ante Mortem o Post Mortem).
6.*I direct that the autopsy be performed after the expiry of the 48‑hour period notice under section 26(4)(b)(i) of the Act. The calculation of the 48 hours commences at the time of written notification of this determination to the senior next of kin.
7.I direct a copy of this determination be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: 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 Trial Division of the Supreme Court, before the direction takes effect.
Form 11—Notice of decision to refuse request for autopsy
Rule 39
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
NOTICE OF DECISION TO REFUSE REQUEST FOR AUTOPSY
1.I have been asked by [name of applicant] to direct that an autopsy be performed upon the body of [name of deceased], *born [date of birth]/*aged [age], whose body is within my control under section 27(1) of the Coroners Act 2008 ('the Act').
2.Having considered the request, and having consulted with and sought advice from *the Victorian Institute of Forensic Medicine/
*a medical investigator, I have decided to refuse the request because:(a)[specify reasons];
(b)*the autopsy is not necessary for the investigation of the death;
(c)*it is not appropriate to give the direction;
(d)*it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
2
3.I direct a copy of this decision be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Under section 79 of the Coroners Act 2008, if a coroner refuses a person's request for an autopsy, the person may appeal to the Trial Division of the Supreme Court within 48 hours after the person receives notice of the refusal.
Form 12—Advice to Coroner regarding preservation of tissue or material
Rule 40(3)
Court Reference:
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL
1.I, [name of medical investigator], request the coroner make a direction to enable the following *tissue(s)/*material(s) to be preserved from the body of [name of deceased] *born [date of birth]/*aged [age]:
[specify tissue and/or material]
2.It is my opinion that the removal and preservation of the *tissue(s)/
*material(s) specified above is necessary as it appears to bear on the *cause or circumstances of the death/*the identity of the deceased person because:[specify reasons]
3.I anticipate the duration for preservation will be approximately *day(s)/*week(s)/*months(s) [if different durations, please specify below]:
[specify tissue, material and duration of preservation]
4.*It is my opinion that the following restrictions should be placed on the release of the *tissue(s)/*material(s):
[specify restrictions]
Signature of Medical Investigator:
_________________________________
[insert medical investigator's name]
Date:
Time:
*Delete if inapplicable
Form 13—Direction to preserve tissue or material
Rule 40(4)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DIRECTION TO PRESERVE TISSUE OR MATERIAL
1.On [date], [name of medical investigator] requested that I make a direction to enable *tissue(s)/*material(s) to be preserved from the body of [name of deceased], *born [date of birth]/*aged [age].
2.I direct [name of medical investigator] *to preserve/*not to preserve the *tissue(s)/*material(s) as set out in the written advice dated [insert date of advice] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in the written advice *because:
[specify reasons].
3.The *tissue/*material referred to in paragraph 1 above is to be preserved for *day(s)/*week(s)/*month(s) [if different durations are required for different tissues/materials, specify below], and under the restrictions and conditions set out below:
(a)[specify tissue/material and duration]
(b)[specify restrictions/conditions].
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 14—Request for release of preserved tissue or material
Rule 41(3)
Court Reference:
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL
1.I, [name and title of medical investigator or registrar], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin of [name of deceased], *born [date of birth]/*aged [age], request that the following tissue(s)/material(s) be released following the medical examination, without the body:
[specify the tissue(s)/material(s)]
2.*I request the tissue(s)/material(s) be released to *the senior next of kin/*the nominated funeral director, [name of funeral director] to *cremate/*bury/*other method of disposal [please specify];
*I request the tissue(s)/material(s) be released to the Victorian Institute of Forensic Medicine to *cremate, and reunite the ashes with the other ashes/*cremate, and scatter the ashes at the Bunurong Memorial Park/*bury/*other method of disposal [please specify].
3.*I have informed the senior next of kin of the Coroner's direction to impose restrictions in relation to the tissue(s)/material(s) because of public health and safety concerns or in the interests of justice.
Signature of staff member:
_________________________________
[insert staff member's name]
Date:
*Delete if inapplicable
Form 15—Order to release preserved tissue or material
Rule 41(5)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
ORDER TO RELEASE PRESERVED TISSUE OR MATERIAL
1.On [date], [name and title of medical investigator or registrar] requested on behalf of the senior next of kin the release of preserved tissue(s)/material(s) from the body of [name of deceased], *born [date of birth]/aged [age].
2.I order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the tissue(s)/material(s) without the body.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 16—Request to investigate a fire
Rule 42(1)
Court Reference:
IN THE MATTER OF THE FIRE AT [LOCATION OF FIRE]
REQUEST TO INVESTIGATE A FIRE
*Fire authority request for fire investigation
1.I, [name], from the *Country Fire Authority/*Metropolitan Fire and Emergency Services Board of [address], request under section 30(1) of the Coroners Act 2008 that a coroner investigate the fire that occurred at [location of fire] *on/*about/*between [date of fire], because:
[specify reasons]
*Application for investigation into a fire
1.I, [name] of [address], request under section 31(1) of the Coroners Act 2008 that a coroner investigate the fire that occurred at [location of fire] *on/*about/*between [date of fire], because:
[specify reasons]
Signature of requestor:
_________________________________
[insert name]
Date:
*Delete if inapplicable
Form 17—Determination following a request to investigate a fire
Rule 42(2)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE FIRE AT [LOCATION OF FIRE]
DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE
*Fire authority request for fire investigation
1.On [date], [name of applicant], *[organisation], *[address], requested that a coroner investigate a fire located at [location of fire] ('the fire') that occurred *on/*about/*between [date of fire], under section 30(1) of the Coroners Act 2008.
2.I have determined the investigation is not in the public interest and refuse to investigate the fire because:
[specify reasons].
3.I direct that a copy of this determination be provided to the following:
[name of applicant, position, organisation]
*Application for investigation into a fire
1.On [date], [name of applicant], *[organisation], *[address], requested that a coroner investigate a fire located at [location of fire] ('the fire') that occurred *on/*about/*between [date of fire], under section 31(1) of the Coroners Act 2008.
2.I refuse to investigate the fire because:
[specify reasons]
3.I direct that a copy of this determination be provided to the following:
[name of applicant, position, organisation]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Under section 80 of the Coroners Act 2008 ('the Act'), if a coroner determines not to investigate a fire, the person who requested the coroner to investigate the fire may appeal to the Trial Division of the Supreme Court within 28 days after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
*Delete if inapplicable
Form 18—Authorisation by Coroner to a police officer
Rule 46
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
*IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
AUTHORISATION BY CORONER TO A POLICE OFFICER
1.In the investigation of the:
*death of [name of deceased], *born [date of birth]/*aged [age];
*fire located at [location of fire] that occurred *on/*between [date of fire];
I authorise [name, rank and registration of investigating officer], a police officer, to exercise the following powers with any assistance that is required under section 39(3) of the Coroners Act 2008:
o breaking, entering and searching premises, using reasonable force if required;
o taking copies of any documents relevant to the investigation;
o seizing things (including documents) and taking samples, which may be relevant to the investigation;
as specified in the Schedule attached to this Authority.
Schedule:
2.The powers referred to in this authorisation may only be exercised between [time] and [time] on or between [date] and [date] inclusive.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Section 40(1) of the Coroners Act 2008 ('the Act') provides that a coroner exercising a power, or a police officer who is authorised, to enter premises under section 39 of that Act, 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.
Section 40(2) of the Act provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or police officer under section 40(1) of the Act. Section 40(2) of the Act is an offence provision, contravention of which carries a maximum penalty of 60 penalty units.
Section 41 of the Act provides that a coroner exercising a power, or a police officer who is authorised, to enter premises under section 39 of that Act, 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.
Form 19—Result of search
Rule 46(3)
Court Reference
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
RESULT OF SEARCH
*Executed Authority
1.On [date], the Coroner's Authority dated [date of authority] was executed by [rank and name] at [time] *a.m./*p.m.
2.A copy of the Authority was given to [name], *owner/ *occupier/*person in charge of the premises of [address] by [description of how person served].
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 36—Order by Coroner for release, destruction or disposal of seized, taken or received thing
Rules 61(3) and 62(4)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
ORDER BY CORONER FOR RELEASE, DESTRUCTION OR DISPOSAL OF SEIZED, TAKEN OR RECEIVED THING
1.On [date of application], I received an application from [name of applicant] for release of [specify thing or sample] that *was/*were seized, taken or received in relation to the investigation into the
*death of[name of deceased], *born [date of birth]/*aged [age]
*fire at [location of fire] which occurred *on/*between [date of fire].
2.I order that [specify thing(s) or sample(s)]
*be released to [name of owner] of [address].
*be released to [specify person] of [address] as the owner cannot be identified or found.
*be destroyed by [specify by whom].
*be disposed of in the following manner [outline manner to be disposed of] by [specify by whom].
*not be released at this stage.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: *Delete if inapplicable |
Form 37—Finding into death following inquest
Rule 63(1)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
FINDING INTO DEATH FOLLOWING INQUEST
1.Having investigated the death of [name of deceased], and having held an inquest in relation to this death on [date of inquest] at [place of inquest], I find that:
(a)the identity of the deceased was [name of deceased], *born on/*aged [*date/*age];
(b)the death occurred *on or about/*on/*between [full date(s)] at [full address of place of death]; and
(c) the cause of death was [cause of death].
2.I find, under section 67(1)(c) of the Coroners Act 2008 ('the Act'), that the death occurred in the following circumstances:
[specify circumstances].
3.*I make the following comment(s) connected with the death under section 67(3) of the Act:
[specify comments]
4.*I make the following recommendation(s) connected with the death to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
5.*I order that this finding not be published on the Internet/*I order that this finding be published on the Internet subject to the following conditions:
[specify conditions—e.g. redactions]
6.*I direct that a copy of this finding be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an inquest. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 38—Finding into death without inquest
Rule 63(2)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
FINDING INTO DEATH WITHOUT INQUEST
1.Having investigated the death of [name of deceased] and without holding an inquest, I find that:
(a)the identity of the deceased was [name of deceased], *born on/*aged [*date/*age];
(b)the death occurred *on or about/*on/*between [full date(s)] at [full address of place of death]; and
(c) the cause of death was [cause of death].
2.*I find, under section 67(1) of the Coroners Act 2008 ('the Act'), that the death occurred in the following circumstances:
[specify circumstances]
*I make no further findings with respect to the circumstances in which the death occurred, under section 67(2) of the Coroners Act 2008 ('the Act'), because I did not hold an inquest and I find that:
(a)[name of deceased] was not, immediately before their death, a person placed in custody or care; and
(b)there is no public interest to be served in making a finding regarding those circumstances.
3.*I make the following comment(s) connected with the death under section 67(3) of the Act:
[specify comments]
4.*I make the following recommendation(s) connected with the death to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
5.*I order that this finding be published on the Internet under section73(1A) of the Act.
*I order that this finding be published on the Internet under section 73(1B) of the Act as I find that [name of deceased] was, immediately before their death, a person placed in *custody/
*care and that their death was due to natural causes.*subject to the following conditions:
[conditions—e.g. redaction of names, parts of the finding etc.]
6.*I direct that a copy of this finding be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 39—Finding into fire following inquest
Rule 64(1)
IN THE CORONERS COURT Court Reference
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE FIRE AT [LOCATION OF FIRE]
FINDING INTO FIRE FOLLOWING INQUEST
1.Having investigated the fire at [location of fire], and having held an inquest in relation to this fire on [date of inquest] at [place of inquest], I find that:
(a)the fire occurred *on/*on or about/*between [date(s)]; and
(b)the fire was caused by [cause] *from/*on/*at [origin].
2.I find under section 68 of the Coroners Act 2008 ('the Act'), that the fire occurred in the following circumstances:
[specify circumstances]
3.*I make the following recommendation(s) connected with the fire to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
4.*I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:
[specify conditions—e.g. redactions].
5.*I direct that a copy of this finding be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a fire after an inquest. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 40—Finding into fire without inquest
Rule 64(2)
IN THE CORONERS COURT Court Reference
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE FIRE AT [LOCATION OF FIRE]
FINDING INTO FIRE WITHOUT INQUEST
1.Having investigated the fire at [location of fire] and without holding an inquest, I find that:
(a)the fire occurred *on/*on or about/*between [date(s)]; and
(b)was caused by [cause] *from/*on/*at [origin].
2.I find, under section 68 of the Coroners Act 2008 ('the Act'), that the fire occurred in the following circumstances:
[specify circumstances]
3.*I make the following recommendation(s) connected with the fire to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
4.*I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:
[specify conditions—e.g. redactions]
5.*I direct that a copy of this finding be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a fire after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 41—Determination that inquest will not be held or will be discontinued
Rule 65
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE DEATH OF [NAME OF DECEASED]
DETERMINATION THAT INQUEST WILL NOT BE HELD OR WILL BE DISCONTINUED
1.I have decided *not to hold an inquest/*to discontinue an inquest into the death of [name of deceased], *born [date of birth]/*aged [age] under section 52(3)(b) of the Coroners Act 2008 ('the Act') because [name of person] has been charged with an indictable offence in respect of the death.
2.I consider that it would be inappropriate to make findings in respect of the death as required by section 67 of the Act because:
[specify reasons]
3.Accordingly, I have determined not to make any of the findings specified in section 67 of the Act.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
*Delete if inapplicable
Form 42—Proceeding suppression order
Rule 66(1)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
PROCEEDING SUPPRESSION ORDER
1.I order that publication of the following, or information derived from the following, is prohibited under section 17 of the Open Courts Act 2013 ('the Act'):
[specify matters the subject of the order]
2.The prohibition on publication in paragraph 1 applies in [specify geographical area].
3.The purpose of this order is [specify purpose of the order].
4.The ground(s) relied on in making this order *is/*are [specify ground(s) under section 18(1) of the Act].
5.For the purpose of this order, "publication" has the meaning attributed to it by section 3 of the Act, that is to say, it means the dissemination or provision of access to the public by any means including publication in a book, newspaper, magazine or other written publication; or broadcast by radio or television; or public exhibition; or broadcast or electronic communication.
6.This order will expire on [insert date or event].
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Under section 23 of the Open Courts Act 2013, a person must not engage in conduct that constitutes a contravention of a proceeding suppression order or an interim order that is in force if that person—
(a)knows that the proceeding suppression order or interim order is in force; or
(b)is reckless as to whether a proceeding suppression order or an interim order is in force.
Individual Penalty: maximum 5 years imprisonment or 600 penalty units or both. Body Corporate: 3000 penalty units.
*Delete if inapplicable
Form 42A—Interim order
Rule 66(2)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
INTERIM ORDER
1.On [date], [name of applicant], *[organisation], *[address], applied for a proceeding suppression order under section 18(2) of the Open Courts Act 2013 ('the Act').
2.I order that publication of the following, or information derived from the following, is prohibited under section 20(1) of the Act:
[specify matters the subject of the order]
3.The prohibition on publication in paragraph 2 applies in [specify geographical area].
4.The purpose of this order is to prevent publication of the matters referred to in paragraph 2 until a substantive application under section 18 of the Act can be heard.
5.For the purpose of this order, "publication" has the meaning attributed to it by section 3 of the Act, that is to say, it means the dissemination or provision of access to the public by any means including publication in a book, newspaper, magazine or other written publication; or broadcast by radio or television; or public exhibition; or broadcast or electronic communication.
6.This order will remain in effect until a substantive application under section 18 of the Act is determined, or this interim order is revoked.
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Under section 23 of the Open Courts Act 2013, a person must not engage in conduct that constitutes a contravention of a proceeding suppression order or an interim order that is in force if that person—
(a)knows that the proceeding suppression order or interim order is in force; or
(b)is reckless as to whether a proceeding suppression order or an interim order is in force.
Individual Penalty: maximum 5 years imprisonment or 600 penalty units or both. Body Corporate: 3000 penalty units.
*Delete if inapplicable
Form 42B—Notice of application for suppression order
Rule 66(3)
Section 10 of the Open Courts Act 2013 Court Reference:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
*Organisation:
*Agent:
[n.b. Agents must attach a signed authority from the senior next of kin or interested party]
*Relationship to deceased (if any):
Postal address:
Contact telephone number(s):
Email:
*Details of deceased (if applicable):
Surname:
Given names:
*Date of birth/*Age (if known):
*Details of fire (if applicable):
Location of fire:
Fire occurred *on/*about/*between:
Documents, materials, names or other information over which suppression is sought:
[specify precise details of documents, materials, names or other information and the extent to which suppression is sought]
Grounds for application
I am requesting the above documents, materials, names or other information be suppressed on grounds that:
odisclosure would be likely to prejudice the fair trial of a person
odisclosure would be contrary to the public interest.
Factual and legal basis to support grounds for application:
[Specify factual and legal basis to support grounds for application (attach additional pages if insufficient space)]
Confirmation
oI am the person identified in the Details of Applicant section of this form.
oAll information provided in this application, including supporting documents, is true and correct to the best of my knowledge.
oI am aware of the requirements under section 10(1) of the Open Courts Act 2013 to provide notice of this application to the Coroners Court and the parties on the record in the proceeding to which the application relates.
oI understand that the Coroners Court will provide a copy of this application to any relevant news media organisations.
Signed:
Date:
Note: Section 4 of the Open Courts Act 2013 provides that to strengthen and promote the principles of open justice and free communication of information, there is a presumption in favour of disclosure of information to which a court or tribunal must have regard in determining whether to make a suppression order.
It should not be inferred or assumed that any information, materials or documents in this document will be suppressed.
*Delete if inapplicable
To submit the Notice of Application for Suppression please email this form to:
Form 43—Application to set aside finding
Rule 70(1)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
APPLICATION TO SET ASIDE FINDING
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
Organisation (if applicable):
Relationship to deceased (if any):
Postal address:
Contact number(s):
Email:
*Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
*Details of fire:
Location of fire:
*Fire occurred *on/*about/*between:
Details of finding:
Findings by:
Date of finding(s):
Details of the order sought:
Request that the coroner set aside:
*all of the findings.
*the following particular findings: [detail particular findings to be set aside]
Reason(s) for application:
[specify reasons]
Signature of applicant:
Date:
NOTE: Under section 77(2) of the Coroners Act 2008, if the Coroners Court is satisfied that there are new facts and circumstances that make it appropriate to do so, it may order that some or all of the findings be set aside, with or without re‑opening the investigation.
*Delete if inapplicable
Form 44—Order following application to set aside finding
Rule 70(2)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
ORDER FOLLOWING APPLICATION TO SET ASIDE FINDING
1.On [date], the Coroners Court received an application from [name of applicant] to set aside the finding dated [date of finding].
2.*I am not satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] because:
[specify reasons]
*I am satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] without re-opening the investigation because:
[specify reasons]
*I am satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] and re‑open the investigation because:
[specify reasons]
3.I order that [specify findings to be set aside] be set aside *without re‑opening the investigation/*and the investigation be re-opened under section 77(2) of the Act.
4.*I direct that a copy of this determination be provided to the following:
[please specify]
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Under section 84 of the Coroners Act 2008 ('the Act'), if the Coroners Court refuses to re-open an investigation, a person who requested the Coroners Court to set aside some or all of the findings of the coroner may appeal against the Court's determination to the Trial division of the Supreme Court. An appeal must be made within 90 days after the refusal by the Coroners Court, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
*Delete if inapplicable
Form 45—Application for access to coronial documents/transcript of hearing
Rule 78(3)
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/TRANSCRIPT OF HEARING
Details of applicant:
Title (Mr, Mrs, Ms, Dr, etc.):
Surname:
Given name:
*Organisation:
*Agent [please attach a signed authority from the senior next of kin or interested party]
*Relationship to deceased (if any):
Postal address:
Contact number(s):
Email:
*Details of deceased:
Surname:
Given names:
*Date of birth/*Age (if known):
*Details of fire:
Location of fire:
Fire occurred *on/*about/*between:
Details of documents sought:
Category of request:
I am requesting the above documents as:
*an interested party claiming to have sufficient interest in the document.
*a statutory body for the purpose of exercising a statutory function.
*a police officer for law enforcement purposes.
*a person who is conducting research approved by an appropriate human research ethics committee [attach supporting documents].
*the document is required for the public interest.
*a person with a sufficient interest.
Reason(s) for application:
[please specify]
Form of access:
*I wish to inspect the document(s).
*I require a copy of the document(s).
Confirmation
I confirm that the information I have provided in this form and supporting documents is true and correct to the best of my knowledge.
Acknowledgement
I acknowledge that my name may be disclosed to the deceased's senior next of kin (if the coroner considers it appropriate to do so), which may be necessary for my application to be processed.
Signature of applicant:
Date:
NOTE: The applicant may be required to pay processing charges in respect of the application. If so, the Coroners Court will provide a statement of charges to the applicant.
*Delete if inapplicable
Form 46—Order for release of documents
Rule 78
IN THE CORONERS COURT Court Reference:
OF VICTORIA
AT MELBOURNE
IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
*FIRE AT [LOCATION OF FIRE]
ORDER FOR RELEASE OF DOCUMENTS
I make the following order under section 115(3) of the Coroners Act 2008:
1.That the following documents be provided to [insert name of recipient], *[organisation]/*legal representative of [name of party] ('the Recipient'):
(a)[list documents]
('the documents').
2.That the documents be provided on the following conditions:
(a)*that the Recipient must not, without the written permission of the coroner, provide copies of or publish or disseminate the documents, or any part of the documents, to any other person/s or entity, other than to obtain or provide legal advice and to comply with any other statutory obligations ('the non-publication condition');
(b)*[list conditions e.g. the Recipient must securely destroy the documents at the conclusion of the proceedings/investigation].
| Signature: _____________________________________ [NAME OF CORONER] [*STATE CORONER/*DEPUTY STATE CORONER/*CORONER] Date: |
NOTE: Section 115(4) of the Coroners Act 2008 provides that a person to whom a document has been released under section 115 of that Act must comply with any condition placed on that release. Contravention of this section carries a maximum penalty of 60 penalty units.
Section 115(5) of the Coroners Act 2008 provides that a person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under section 115 of that Act. Contravention of this section carries a maximum penalty of 60 penalty units.
Under section 103(1)(a) of the Coroners Act 2008, a person is guilty of contempt of the Coroners Court if the person fails to comply with a summons or order of a coroner or judicial registrar.
*Delete if inapplicable
Dated: 15 October 2019
CAITLIN ENGLISH,
Acting State CoronerPARESA ANTONIADIS SPANOS,
CoronerAUDREY GRAHAM JAMIESON,
Coroner
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Coroners Court Rules 2019, S.R. No. 97/2019 were made on 15 October 2019 by the State Coroner together with 2 coroners jointly under section 105 of the Coroners Act 2008, No. 77/2008 and came into operation on 28 October 2019: rule 3.
The Coroners Court Rules 2019 will sunset 10 years after the day of making on 15 October 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Coroners Court Rules 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Rule 4(a): S.R. No. 131/2009 as amended by S.R. Nos 117/2011, 119/2014 and 202/2014.
[2] Rule 4(b): S.R. No. 117/2011.
[3] Rule 4(c): S.R. No. 119/2014.
[4] Rule 4(d): S.R. No. 202/2014.
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