Untitled document
Coroners (Amendment) Act 1999
Act No. 7/1999
TABLE OF PROVISIONS
Section Page
1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Application 3 6. Jurisdiction of coroners to investigate a death 4 7. Jurisdiction of coroner to hold inquest into a death 4 8. Repeal of jury provisions 5 9. Application for inquest 5 10. Findings and comments of coroner 6 11. Reports 6 12. New sections 49 and 50 inserted 6
49. Power of coroner to award costs 6 50. Enforcement of awards of costs 7
13. Rights of interested persons—Consequential amendment 7 14. New sections 59A and 59B inserted 8
59A. Re-opening by State Coroner of inquests in certain
circumstances 8 59B.
Refusal of State Coroner to re-open inquest 8
15. Supreme Court—Limitation of jurisdiction 9
62A. Supreme Court—Limitation of jurisdiction 9
16. Objects and functions of the Institute 9 17. New section 75 inserted 10 75. Validation of past conduct of the Victorian Institute of
Forensic Medicine 10
18. New Part 10 inserted 10 PART 10—TRANSITIONAL 10
76. Transitional provisions 10
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NOTES 12
i
Victoria
No. 7 of 1999
Coroners (Amendment) Act 1999†
[Assented to 11 May 1999]
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are—
(a)
to invest the State Coroner with the jurisdiction to re-open inquests in certain limited circumstances; and
(b)
to repeal the provisions in the Coroners Act 1985 relating to the holding of inquests with juries; and
(c)
to confer on coroners a power to award costs; and
Coroners (Amendment) Act 1999
Act No. 7/1999 s. 2
(d)
to amend the objects and functions of the Victorian Institute of Forensic Medicine.
2. Commencement
(1) Sections 1 and 3 and this section come into
operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 1999.
3. Principal Act
In this Act, the Coroners Act 1985 is called the No. 10257.
Reprint No. 3Principal Act. as at
1 October1998.
4. Definitions
In section 3 of the Principal Act—
(a) insert the following definitions—
' "legal practitioner" has the same meaningas in the Legal Practice Act 1996, but
does not include an incorporatedpractitioner;
"public statutory authority" means any
public body constituted or established
for a public purpose by or under an Act;
"tissue" has the same meaning as in the
Human Tissue Act 1982;'.
(b) in the definition of "person held in care", for "(a) a person under the control, care or
custody of the Secretary to the
Department of Human Services; or
(ab) a person in the custody, or deemed to
be in the custody of—
Coroners (Amendment) Act 1999
| s. 5 | Act No. 7/1999 |
(i) the Secretary to the Department of Justice; or
(ii) the Chief Commissioner of Police; or
(iii) a member of the police force; or
(iv) a protective services officer appointed under the Police Regulation Act 1958; or
(v) an institution within the meaning
the chief executive responsible for Corrections Act 1986; or";
(c) in the definition of "reportable death", after "(ia) of a person under the control or care of
the Secretary to the Department of or
(ib) of a person in respect of whom a court has made a non-custodial supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to
be Tried) Act 1997; or".
5. Application
At the end of section 5 of the Principal Act
insert—"(2) Despite sub-section (1), if an inquest has
been held or completed by a coroner under
the Coroners Act 1958, an application
cannot be made under section 10 of that Act
for an order quashing the inquisition on that
inquest but a person may apply under
section 59 of this Act for an order that some
or all of the findings of the inquest are void.
Coroners (Amendment) Act 1999
Act No. 7/1999 s. 6 (3) Despite sub-section (1), the Supreme Court has jurisdiction under section 59 of this Act in respect of an inquest—
(a)
concerning the manner of the death of any person; or
(b) into the cause and origin of any fire—
held under the Coroners Act 1958 and, if the Supreme Court makes an order under section 59(2) of this Act, this Act applies to—
(c) a new inquest; or
(d) the re-opened inquest—
into the death or fire.".
6. Jurisdiction of coroners to investigate a death
In section 15 of the Principal Act, for sub-section
(3) substitute—"(3) Unless the Attorney-General directs
otherwise, a coroner need not investigate a
death if—
(a)
an investigation or inquest into the death is held in another State or in a Territory; or
(b) the death occurred outside Australia.".
7. Jurisdiction of coroner to hold inquest into a death
(1) In section 17(1) of the Principal Act omit "or that
the deceased ordinarily resided in Victoria at the
time of death".
(2) After section 17(2) of the Principal Act insert—
"(2A) The Attorney-General may direct the StateCoroner to hold, or to direct a coroner to hold, an inquest into a death that occurs outside Victoria where the deceased
Coroners (Amendment) Act 1999
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ordinarily resided in Victoria at the time of
death.".
8. Repeal of jury provisions
(1) In section 17 of the Principal Act—
(a)
in sub-section (3) omit "and may, if a jury has been summoned, discharge the jury"; and
(b)
in sub-section (4), for ", to recommence an inquest which has been adjourned or to discharge a jury" substitute "or to recommence an inquest which has been adjourned".
(2) In section 22 of Principal Act omit "or, if an
inquest is held with a jury, by the jury which are
needed to register the death".
(3) Sections 49 to 56 of the Principal Act are
repealed.
9. Application for inquest
(1) In section 18(1)(b) of the Principal Act, for "seven
days" substitute "a reasonable time".
(2) In section 18 of the Principal Act, for sub-section
(2) substitute—
"(2) If, after the expiry of 3 months from the date
a person requests a coroner to hold an
inquest into a death, the coroner has not—
(a)
agreed to hold the inquest or asked another coroner to do so; or
(b)
refused the request and given his or her reasons in writing to the person and the State Coroner—
the person may apply to the Supreme Court
for an order that an inquest be held.".
Coroners (Amendment) Act 1999
Act No. 7/1999 s. 10 (3) In section 35(1)(b) of the Principal Act, for "seven
days" substitute "a reasonable time".
(4) In section 35 of the Principal Act, for sub-section
(2) substitute—
"(2) If, after the expiry of 3 months from the date
a person requests a coroner to hold an
inquest into a fire, the coroner has not—
(a)
agreed to hold the inquest or asked another coroner to do so; or
(b)
refused the request and given his or her reasons in writing to the person and the State Coroner—
the person may apply to the Supreme Court
for an order that an inquest be held.".
10. Findings and comments of coroner
In section 19(1) of the Principal Act—
(a)
in paragraph (d), for "1996; and" substitute "1996.";
(b) paragraph (e) is repealed.
11. Reports
In sections 21(2) and 38(2) of the Principal Act,
for "the Attorney-General" substitute "anyMinister or public statutory authority".
12. New sections 49 and 50 inserted
After section 48 of the Principal Act insert—
"49. Power of coroner to award costs
(1) Subject to sub-section (2), every person
appearing before an inquest who is
represented by a legal practitioner is to bear
their own costs in relation to the inquest.(2) If, in a particular case, a coroner is of the opinion that a person, or a legal practitioner
Coroners (Amendment) Act 1999
| s. 13 | Act No. 7/1999 |
representing a person, at an inquest has
unreasonably delayed the inquest, the
coroner may order that the person, or the
legal practitioner, pay all, or a specified part,
of the costs of any other person appearing atthe inquest.
(3) This section applies only to an inquest
commenced after the commencement of
section 12 of the Coroners (Amendment)Act 1999.
50. Enforcement of awards of costs
(1) All costs awarded to a person under
section 49 are a debt due to that person and
recoverable in a court of competent
jurisdiction.(2) If a coroner makes an order as to costs, the
person to whom payment is to be made
under the order may enforce the order by
filing free of charge in the Magistrates'
Court, the County Court or the Supreme
Court (as the case may be)—
(a) a copy of the order certified by a coroner's clerk to be a true copy; and (b) that person's affidavit as to the amount remaining unpaid under the order. (3) On the filing of the documents referred to in sub-section (2), judgment is deemed to have been entered in the Magistrates' Court, the
County Court or the Supreme Court (as the case may be) for the sum mentioned in the affidavit as being unpaid and may be
enforced accordingly.".
13. Rights of interested persons—Consequential
amendment
Coroners (Amendment) Act 1999
Act No. 7/1999
In section 45 of the Principal Act, for "barrister and solicitor" (wherever occurring) substitute "legal practitioner".
14. New sections 59A and 59B inserted
After section 59 of the Principal Act insert—
"59A. Re-opening by State Coroner of inquests in certain circumstances
(1) A person may apply to the State Coroner for an order that some or all of the findings of an inquest are void.
(2) The State Coroner may, by order, declare
that some or all of the findings of the inquest
are void and may re-open, or direct another
coroner to re-open, the inquest and
re-examine any finding.
(3) The State Coroner may only make an order
under sub-section (2) if he or she is satisfied
that—
(a) there is a mistake in the record of the findings; or (b) it is desirable because of new facts or evidence. (4) The State Coroner does not have jurisdiction under this section if, on an application based on the same, or substantially the same,
grounds or evidence, the Supreme Court has
refused to make an order under section 59.
(5) This section applies only to inquests
concluded after the commencement of
section 14 of the Coroners (Amendment)Act 1999.
59B. Refusal of State Coroner to re-open inquest
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(1) If the State Coroner refuses to make an order under section 59A(2), a person may apply to the Supreme Court for an order under
section 59.
(2) On an application to the Supreme Court in
circumstances referred to in sub-section (1), a person may adduce any evidence, or raise any grounds, whether or not they have been adduced or raised before the State Coroner on an application under section 59A in
respect of the inquest.".
15. Supreme Court—Limitation of jurisdiction
After section 62 of the Principal Act insert—
"62A. Supreme Court—Limitation of jurisdiction It is the intention of section 5 to alter or vary section 85 of the Constitution Act 1975.".
16. Objects and functions of the Institute
(1) In section 64(2) of the Principal Act, after
paragraph (h) insert—
"(i) to provide for the storage of tissue, taken in
accordance with the Human Tissue Act
1982 from deceased persons coming under
the jurisdiction of coroners in Victoria, foruse for therapeutic purposes.".
(2) In section 66(1) of the Principal Act—
(a)
in paragraph (b), for "organs, tissues" substitute "tissue";
(b)
after paragraph (f) insert— "(g) to provide facilities for the storage of
tissue taken in accordance with the
Human Tissue Act 1982 from
deceased persons coming under the
Coroners (Amendment) Act 1999
Act No. 7/1999 s. 17 jurisdiction of coroners in Victoria, for
use for therapeutic purposes.".
17. New section 75 inserted
In Part 9 of the Principal Act, after section 74
insert—"75. Validation of past conduct of the Victorian
Institute of Forensic Medicine
Anything done or purported to be done under this Act by the Institute before the commencement of section 17 of the Coroners (Amendment) Act 1999, that would have been validly done had section 16 of the Coroners (Amendment) Act 1999 been in operation at the time at which the thing was done or purported to have been done has, and is deemed always to have had, the same force and effect as it would have had if that section had been in operation at the time at which the thing was done or purported to have been done.".
18. New Part 10 inserted
After Part 9 of the Principal Act insert—
"PART 10—TRANSITIONAL
76. Transitional provisions
(1) Section 17, as amended by section 7 of theCoroners (Amendment) Act 1999, applies only to deaths that occur after the commencement of section 7 of that Act.
(2) Section 18, as amended by section 9 of the
Coroners (Amendment) Act 1999, applies only to deaths that occur after the commencement of section 9 of that Act.
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| s. 18 | Act No. 7/1999 |
(3) Section 19, as amended by section 10 of the Coroners (Amendment) Act 1999, applies only to investigations into deaths
commenced after the commencement of
section 10 of that Act.
(4) Section 35, as amended by section 9 of the
Coroners (Amendment) Act 1999, applies only to fires that occur after the commencement of section 9 of that Act.".
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Coroners (Amendment) Act 1999
Act No. 7/1999 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 25 March 1999
Legislative Council: 20 April 1999
The long title for the Bill for this Act was "to amend the Coroners Act
1985 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 25 March 1999
Legislative Council: 20 April 1999
Absolute majorities:
Legislative Assembly: 15 April 1999
Legislative Council: 5 May 1999
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