{"id":"sr:coroners-court-rules-2019","name":"Coroners Court Rules 2019","slug":"coroners-court-rules-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183614,"registerId":"vic-sr:coroners-court-rules-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"25","sectionType":"section","heading":"Obligation to report deaths 10","content":"25 Obligation to report deaths 10\n\n","sortOrder":0},{"sectionNumber":"26","sectionType":"section","heading":"Obligation of registered medical practitioner to report death 11","content":"26 Obligation of registered medical practitioner to report death 11\n\nOrder 5—Investigation of deaths and fires 12\n\nPart 1—Investigation of deaths 12\n\n27 Determination by coroner that reported death not a reportable death 12\n\n28 Certain reportable deaths do not require investigation 12\n\n29 Reviewable deaths may be referred to the Institute 12\n\n30 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute 12\n\n31 Determination by State Coroner that death not a reviewable death 13\n\n32 Providing relevant persons with coronial process information 13\n\n33 Preliminary examinations 13\n\n34 Identification direction 14\n\n35 Identification procedure 14\n\n36 Direction for autopsy 15\n\n37 Autopsy report 16\n\n38 Objections to autopsy 16\n\n39 Request for an autopsy 17\n\n40 Removal of tissue and preserving material 18\n\n41 Senior next of kin to be advised of removal of tissue direction 19\n\nPart 2—Investigation of fires 20\n\n42 Requests for an investigation into a fire 20\n\nPart 3—Assistance to coroner in investigations 21\n\n43 Person who made report of death to assist 21\n\n44 Registered medical practitioner to assist 21\n\n45 Person who asks for investigation of fire to assist 21\n\nPart 4—Powers relating to investigation 22\n\n46 Authorising entry, search, inspection and possession 22\n\n47 Application for exhumation 22\n\n48 Suggestions regarding a proposed exhumation 22\n\n49 Authorisation of exhumation 23\n\nPart 5—General 23\n\n50 Release of body 23\n\n51 Application to coroner for release of body 23\n\nOrder 6—Inquests into deaths and fires 24\n\n52 Requests for an inquest 24\n\n53 Decision regarding whether inquest to be held 24\n\n54 Publication of the details of an inquest 24\n\n55 Closed court orders 25\n\n56 Interested party 25\n\n57 Privilege in respect of self-incrimination 25\n\n58 Warrants for arrest 25\n\nOrder 7—Seizure 26\n\n59 Storage of seized, taken or received things or samples 26\n\n60 Access to seized, taken or received things or samples 26\n\n61 Seized, taken or received things or samples no longer required to be held 27\n\n62 Release of seized, taken or received things or samples 27\n\nOrder 8—Findings, recommendations and referrals 29\n\n63 Findings of coroner investigating a death 29\n\n64 Findings of coroner investigating a fire 29\n\n65 Findings not required if inquest not held or discontinued 29\n\n66 Proceeding suppression order 29\n\n67 Reports and recommendations 30\n\n68 Publication of findings and reports 31\n\n69 Publication of determination, ruling or order 31\n\n70 Re-opening of an investigation or setting aside a finding 32\n\nOrder 9—Registrars 33\n\n","sortOrder":1},{"sectionNumber":"71","sectionType":"section","heading":"Functions of registrars 33","content":"71 Functions of registrars 33\n\nOrder 10—Allowances and reimbursement of expenses 34\n\n72 Attendance expenses for expert witnesses 34\n\n73 Allowances and expenses of witnesses other than expert witnesses 34\n\n74 Meals 34\n\n75 Accommodation 35\n\n76 Travelling 36\n\n77 Evidence of expenses etc. to be produced 36\n\nOrder 11—Access to documents 38\n\n","sortOrder":2},{"sectionNumber":"78","sectionType":"section","heading":"Access to documents 38","content":"78 Access to documents 38\n\nForm 1—Affidavit of service 39\n\nForm 2—Determination by Coroner that reported death is not a reportable death 41\n\nForm 2A—Determination by coroner that death probably occurred more than 100 years before it was reported 43\n\nForm 3—Finding into death and determination to discontinue investigation 44\n\nForm 4—Referral of reviewable death to the Victorian Institute of Forensic Medicine 46\n\nForm 5—Decision not to refer reviewable death to the Victorian Institute of Forensic Medicine 47\n\nForm 6—Determination that death is not a reviewable death 48\n\nForm 7—Identification direction 49\n\nForm 8—Determination by coroner of identity of deceased 50\n\nForm 9—Direction regarding autopsy 52\n\nForm 10—Determination by Coroner following a request to reconsider a direction that an autopsy be performed 56\n\nForm 11—Notice of decision to refuse request for autopsy 59\n\nForm 12—Advice to Coroner regarding preservation of tissue or material 61\n\nForm 13—Direction to preserve tissue or material 62\n\nForm 14—Request for release of preserved tissue or material 64\n\nForm 15—Order to release preserved tissue or material 65\n\nForm 16—Request to investigate a fire 66\n\nForm 17—Determination following a request to investigate a fire 67\n\nForm 18—Authorisation by Coroner to a police officer 69\n\nForm 19—Result of search 71\n\nForm 20—Application for exhumation 72\n\nForm 21—Refusal to authorise exhumation 74\n\nForm 22—Notice of intention to authorise exhumation 75\n\nForm 23—Authorisation of exhumation 77\n\nForm 24—Order for release of body 79\n\nForm 25—Application for release of body 81\n\nForm 26—Request for inquest into death 83\n\nForm 27—Request for inquest into fire 84\n\nForm 28—Decision by Coroner whether an inquest will be held into a death 85\n\nForm 29—Decision by Coroner whether an inquest will be held into a fire 86\n\nForm 30—Closed Court Order 87\n\nForm 31—Application for leave to appear as an interested party 89\n\nForm 32—Certificate under section 57 of the Coroners Act 2008 91\n\nForm 33—Warrant to arrest 93\n\nForm 34—Application for access to or release of seized, taken or received thing or sample 95\n\nForm 35—Order by Coroner following application for access to seized, taken or received thing or sample 97\n\nForm 36—Order by Coroner for release, destruction or disposal of seized, taken or received thing 98\n\nForm 37—Finding into death following inquest 99\n\nForm 38—Finding into death without inquest 101\n\nForm 39—Finding into fire following inquest 103\n\nForm 40—Finding into fire without inquest 105\n\nForm 41—Determination that inquest will not be held or will be discontinued 107\n\nForm 42—Proceeding suppression order 108\n\nForm 42A—Interim order 110\n\nForm 42B—Notice of application for suppression order 112\n\nForm 43—Application to set aside finding 114\n\nForm 44—Order following application to set aside finding 116\n\nForm 45—Application for access to coronial documents/transcript of hearing 118\n\nForm 46—Order for release of documents 120\n\n═════════════\n\nEndnotes 122\n\n1 General information 122\n\n2 Table of Amendments 124\n\n3 Amendments Not in Operation 125\n\n4 Explanatory details 126\n\n**Version No.** **001**\n\n**Coroners Court Rules 2019**\n\n**S.R. No. 97/2019**\n\nVersion as at  \n\nOrder 1—Preliminary\n\n","sortOrder":3},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"Part 1—General\n\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Object and title","content":"\t1 Object and title\n\n(1) The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria.\n\n(2) These Rules may be cited as the Coroners Court Rules 2019.\n\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provisions","content":"\t2 Authorising provisions\n\nThese Rules are made under section 105 of the **Coroners Act 2008** and all other enabling powers.\n\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Rules come into operation on 28 October 2019.\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Revocations","content":"\t4 Revocations\n\nThe following Rules are **revoked**—\n\n(a) Coroners Court Rules 2009[[1]](#endnote-2);\n\n(b) Coroners Court (Amendment No. 1) Rules 2011[[2]](#endnote-3);\n\n(c) Coroners Court (Form 10 Amendment) Rules 2014[[3]](#endnote-4);\n\n(d) Coroners Court (Amendment No. 2) Rules 2014[[4]](#endnote-5).\n\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\nIn these Rules, unless the context or subject matter otherwise requires—\n\n***corporation*** means any body corporate, whether formed within or out of Victoria;\n\n***proceeding suppression order*** has the same meaning as it has in section 3 of the **Open Courts Act 2013**;\n\n***suppression order*** has the same meaning as it has in section 3 of the **Open Courts Act 2013**;\n\n***the Act*** means the **Coroners Act 2008**.\n\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"\t6 Application\n\n(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.\n\n(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.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Miscellaneous","content":"Part 2—Miscellaneous\n\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Act by corporation","content":"\t7 Act by corporation\n\nIf 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.\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Seal of the Coroners Court","content":"\t8 Seal of the Coroners Court\n\n(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.\n\n(2) Any order or finding made by a coroner must bear the seal of the Coroners Court.\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Effect of non-compliance","content":"\t9 Effect of non-compliance\n\nA failure to comply with these Rules is an irregularity and does not render a nullity—\n\n(a) an inquest;\n\n(b) a step taken in an inquest;\n\n(c) any document; or\n\n(d) any order.\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Dispensing with compliance","content":"\t10 Dispensing with compliance\n\nThe Coroners Court may dispense with compliance with any of the requirements of these Rules—\n\n(a) either before or after the occasion for compliance arises; and\n\n(b) whether or not there has been a failure to comply.\n\nOrder 2—Time and documents\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Calculating time","content":"\t11 Calculating time\n\n(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.\n\n(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.\n\n(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.\n\n(4) If a period of 5 days or less would include a day on which the Coroners Court is closed, that day is excluded.\n\n(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.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Extension and abridgement","content":"\t12 Extension and abridgement\n\nThe Coroners Court may extend or abridge any time—\n\n(a) fixed by these Rules; or\n\n(b) by any order fixing, extending or abridging time.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Fixing time","content":"\t13 Fixing time\n\nIf no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time.\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Time for service","content":"\t14 Time for service\n\nIn 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.\n\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Filing of documents","content":"\t15 Filing of documents\n\nExcept as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by—\n\n(a) lodging the document with a registrar of the Coroners Court; or\n\n(b) transmitting the document by electronic communication to the Coroners Court.\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Inappropriate documents","content":"\t16 Inappropriate documents\n\nIf a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order—\n\n(a) that the offending matter be deleted; or\n\n(b) that the document be taken off the file.\n\nOrder 3—Service\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"When personal service is necessary","content":"\t17 When personal service is necessary\n\n(1) Any document required or permitted to be served may be served personally.\n\n(2) Unless personal service is required by these Rules or by order, a document need not be served personally.\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Summons must be served personally","content":"\t18 Summons must be served personally\n\nUnless the Rules otherwise provide or the Coroners Court otherwise orders, a summons must be served personally.\n\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"How personal service is effected","content":"\t19 How personal service is effected\n\n(1) Personal service of a document is effected—\n\n(a) by leaving a copy of the document—\n\n(i) with the person to be served; or\n\n(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;\n\n(b) by delivering a copy of the document to the place of residence of the person to be served—\n\n(i) to a person apparently above the age of 16 years who resides at that place; or\n\n(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\n\n(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.\n\n(2) To effect personal service it is not necessary to produce the original document at the time of service.\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Service on particular persons","content":"\t20 Service on particular persons\n\nPersonal service of a document may be effected by serving the document in accordance with Rule 19, in the case of—\n\n(a) a corporation—\n\n(i) on the mayor, chairperson, president or other head officer of the corporation;\n\n(ii) on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or\n\n(iii) if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision;\n\n(b) a minor—\n\n(i) on a parent or guardian of the minor; or\n\n(ii) if there is no parent or guardian, on the person with whom the minor resides or in whose care the minor is;\n\n(c) the Crown in the right of the Commonwealth or the Commonwealth—\n\n(i) on the Attorney-General of the Commonwealth; or\n\n(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\n\n(d) the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"How ordinary service effected","content":"\t21 How ordinary service effected\n\n(1) If personal service of a document is not required, the document may be served—\n\n(a) by leaving the document at the address for service of the person to be served;\n\n(b) by posting the document to the person to be served at that person's address for service; or\n\n(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.\n\n(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.\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Substituted service","content":"\t22 Substituted service\n\n(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.\n\n(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—\n\n(a) on the happening of any specified event; or\n\n(b) on the expiry of any specified time.\n\n(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.\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Service of document by the Coroners Court","content":"\t23 Service of document by the Coroners Court\n\nUnless 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.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Affidavit of service","content":"\t24 Affidavit of service\n\n(1) An affidavit of service of any document must—\n\n(a) be in Form 1;\n\n(b) state by whom the document was served;\n\n(c) state the time and date on which it was served;\n\n(d) state the place at which it was served; and\n\n(e) state the mode of service.\n\n(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.\n\n(3) An affidavit of service must be filed in the Coroners Court as soon as practicable after service of a document.\n\nOrder 4—Reporting of deaths\n\n\t25 Obligation to report deaths\n\n(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.\n\n(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.\n\n(3) A person required to make a report referred to in paragraph (1) or (2)—\n\n(a) must make the report by telephone or  in writing; and\n\n(b) must provide the coroner or State Coroner (as required) with as much information relating to the death as practicable including the following—\n\n(i) the name and address of the deceased;\n\n(ii) the age and date of birth of the deceased;\n\n(iii) the sex of the deceased;\n\n(iv) whether the deceased had a treating registered medical practitioner or registered dentist and the details of that practitioner;\n\n(v) the relationship status of the deceased;\n\n(vi) the senior next of kin of the deceased;\n\n(vii) the location of the deceased;\n\n(viii) the date and time of death or an estimate of the date and time of death;\n\n(ix) the name of the person reporting the death;\n\n(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;\n\n(xi) whether the deceased was Aboriginal or Torres Strait Islander.\n\n\t26 Obligation of registered medical practitioner to report death\n\n(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.\n\n(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.\n\n(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.\n\n**Note**\n\nSection 38 of the **Interpretation of Legislation Act 1984** defines ***electronic communication***.\n\nOrder 5—Investigation of deaths and fires\n\nPart 1—Investigation of deaths\n\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Determination by coroner that reported death not a reportable death","content":"\t27 Determination by coroner that reported death not a reportable death\n\n(1) A determination made by a coroner under section 16(1) of the Act must be in Form 2.\n\n(2) A determination made by a coroner under section 16(5) of the Act must be in Form 2A.\n\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Certain reportable deaths do not require investigation","content":"\t28 Certain reportable deaths do not require investigation\n\nA determination by a coroner under section 17 of the Act to discontinue an investigation into a death must be in Form 3.\n\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Reviewable deaths may be referred to the Institute","content":"\t29 Reviewable deaths may be referred to the Institute\n\n(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.\n\n(2) A direction under paragraph (1) must be in Form 4.\n\n(3) A copy of a direction made under this Rule must be given to the Institute by the principal registrar.\n\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"State Coroner may investigate a reviewable death without referring the reviewable death to the Institute","content":"\t30 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute\n\nIf 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.\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Determination by State Coroner that death not a reviewable death","content":"\t31 Determination by State Coroner that death not a reviewable death\n\nIf 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.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Providing relevant persons with coronial process information","content":"\t32 Providing relevant persons with coronial process information\n\n(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—\n\n(a) by electronic communication; or\n\n(b) to a postal address nominated by that person.\n\n(2) For the purposes of section 21(b) of the Act, the prescribed information provided to any other person must be provided—\n\n(a) by electronic communication; or\n\n(b) to a postal address nominated by that person.\n\n**Note**\n\nSection 38 of the **Interpretation of Legislation Act 1984** defines ***electronic communication***.\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Preliminary examinations","content":"\t33 Preliminary examinations\n\n(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.\n\n(2) A report on a preliminary examination must—\n\n(b) contain a summary of the following—\n\n(i) any procedure undertaken;\n\n(ii) any specimen taken;\n\n(iii) any testing performed or ordered;\n\n(iv) a reasonable medical cause of death (if available);\n\n(v) any material considered (including the medical and circumstantial history);\n\n(c) be provided to the coroner as soon as practicable after the preliminary investigation has been performed; and\n\n(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.\n\n(3) Unless a coroner otherwise orders, a report on a preliminary examination is confidential and must only be provided to the Coroners Court.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Identification direction","content":"\t34 Identification direction\n\nA direction made by a coroner under section 24 of the Act must be in Form 7.\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Identification procedure","content":"\t35 Identification procedure\n\n(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.\n\n(2) A report on an identification procedure must—\n\n(b) be provided to the coroner as soon as practicable after the identification procedure has been performed;\n\n(c) state the identity of the deceased if the identity can be ascertained;\n\n(d) specify what procedure has been performed on the body; and\n\n(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.\n\n(3) Unless a coroner otherwise orders, a report on an identification procedure is confidential and must only be provided to the Coroners Court.\n\n(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.\n\n(5) A determination made under paragraph (4) must be made in Form 8.\n\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Direction for autopsy","content":"\t36 Direction for autopsy\n\n(1) A direction for an autopsy made by a coroner under section 25 of the Act must be in Form 9.\n\n(2) Notification of the direction for an autopsy must be provided to a medical investigator in electronic form as soon as practicable.\n\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Autopsy report","content":"\t37 Autopsy report\n\n(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.\n\n(2) A report on an autopsy must—\n\n(a) be typed;\n\n(b) be provided to the registrar as soon as practicable after the autopsy has been performed;\n\n(c) state the identity of the deceased if the identity can be ascertained;\n\n(d) specify what procedure has been performed on the body; and\n\n(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.\n\n(3) Unless a coroner otherwise orders, a report on an autopsy is confidential and must only be provided to the Coroners Court.\n\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Objections to autopsy","content":"\t38 Objections to autopsy\n\n(1) A request made by the senior next of kin of a deceased person under section 26(2)(a) of the Act—\n\n(a) may be communicated to the Coroners Court by telephone; and\n\n(b) must be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.\n\n(2) The written confirmation of the senior next of kin under paragraph (1)(b) must—\n\n(a) specify the reasons for making the request under section 26(2)(a) of the Act; and\n\n(b) be signed by the senior next of kin.\n\n(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.\n\n(4) A determination to affirm, revoke or amend a direction for an autopsy must be in Form 10.\n\n(5) A consent to a waiver by the senior next of kin of a deceased person under section 26(2)(b) of the Act—\n\n(a) may be communicated verbally, either in person or by telephone; and\n\n(b) must be communicated to 2 members of staff of the Coroners Court or the Institute.\n\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Request for an autopsy","content":"\t39 Request for an autopsy\n\n(1) A request under section 27(1) of the Act for a direction by the coroner that an autopsy be performed must—\n\n(a) be communicated by telephone to the Coroners Court after the deceased person has been admitted to the Coroners Court; and\n\n(b) be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.\n\n(2) A written confirmation under paragraph (1)(b) must—\n\n(a) specify the reasons for making the request; and\n\n(b) be signed by the person making the request.\n\n(3) A coroner must give notice of the coroner's decision to refuse a request made under section 27(1) of the Act.\n\n(4) A notice referred to in paragraph (3) must—\n\n(a) be in Form 11; and\n\n(b) specify the coroner's reasons in accordance with section 27(2) of the Act.\n\n(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.\n\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Removal of tissue and preserving material","content":"\t40 Removal of tissue and preserving material\n\n(1) This Rule applies to tissue that is—\n\n(a) a visibly recognisable, functional unit of the body such as the liver, heart or brain;\n\n(b) a whole or substantial part of a visibly recognisable, functional unit of the body or other body parts; or\n\n(c) a whole or substantial part of a foetus regardless of the gestation period.\n\n(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.\n\n(3) The advice provided to a coroner under paragraph (2) by a medical investigator must be in Form 12.\n\n(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—\n\n(a) must be in Form 13;\n\n(b) must specify for how long any tissue or other material may be preserved; and\n\n(c) may specify different lengths of time depending on the tissue or material and the reasons for its removal.\n\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Senior next of kin to be advised of removal of tissue direction","content":"\t41 Senior next of kin to be advised of removal of tissue direction\n\n(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.\n\n(2) A notice under paragraph (1) must specify the following—\n\n(a) the tissue or other material to be preserved;\n\n(b) the duration for which the tissue or other material is required to be preserved;\n\n(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;\n\n(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;\n\n(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—\n\n(i) the senior next of kin may advise the medical investigator or registrar of that decision; and\n\n(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.\n\n(3) A request for release of tissue and preserved material form must be in Form 14.\n\n(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—\n\n(a) the tissue or other material has not been destroyed; and\n\n(b) there are no concerns regarding the release of the tissue or other material as specified in paragraph (2)(d).\n\n(5) An order under paragraph (4) must be in Form 15.\n\nPart 2—Investigation of fires\n\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Requests for an investigation into a fire","content":"\t42 Requests for an investigation into a fire\n\n(1) A request under section 30(1) or 31(1) of the Act for a coroner to investigate a fire must—\n\n(a) be in Form 16; and\n\n(b) specify the reason why the investigation of the fire is sought.\n\n(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.\n\n","sortOrder":45},{"sectionNumber":"Part 3","sectionType":"part","heading":"Assistance to coroner in investigations","content":"Part 3—Assistance to coroner in investigations\n\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Person who made report of death to assist","content":"\t43 Person who made report of death to assist\n\n(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.\n\n(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.\n\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Registered medical practitioner to assist","content":"\t44 Registered medical practitioner to assist\n\n(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.\n\n(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.\n\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Person who asks for investigation of fire to assist","content":"\t45 Person who asks for investigation of fire to assist\n\nA 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—\n\n(a) no later than 7 days after the coroner's request for information has been made of the person; and\n\n(b) in writing or any other form specified by the coroner.\n\n","sortOrder":49},{"sectionNumber":"Part 4","sectionType":"part","heading":"Powers relating to investigation","content":"Part 4—Powers relating to investigation\n\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Authorising entry, search, inspection and possession","content":"\t46 Authorising entry, search, inspection and possession\n\n(1) An authorisation under section 39 of the Act must be in Form 18.\n\n(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.\n\n(3) A result of search form must be in Form 19.\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Application for exhumation","content":"\t47 Application for exhumation\n\n(1) For the purposes of section 43(2) of the Act, the form for an application for exhumation of a body is Form 20.\n\n(2) A refusal of an application to authorise an exhumation of a body by the State Coroner must—\n\n(a) specify the State Coroner's reasons for the refusal; and\n\n(b) be in Form 21.\n\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Suggestions regarding a proposed exhumation","content":"\t48 Suggestions regarding a proposed exhumation\n\nA 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—\n\n(a) in writing; and\n\n(b) filed with a registrar within the time specified by the State Coroner.\n\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Authorisation of exhumation","content":"\t49 Authorisation of exhumation\n\n(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.\n\n(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.\n\n(3) Unless section 45(5) of the Act applies, a copy of the authorisation must be served on—\n\n(a) the senior next of kin;\n\n(b) if the body is in a public cemetery, the cemetery trust responsible for the public cemetery; and\n\n(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.\n\n","sortOrder":54},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Release of body","content":"\t50 Release of body\n\nAn order made by a coroner to release a body under section 47 of the Act must be in Form 24.\n\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Application to coroner for release of body","content":"\t51 Application to coroner for release of body\n\nIf 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.\n\nOrder 6—Inquests into deaths and fires\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Requests for an inquest","content":"\t52 Requests for an inquest\n\n(1) A request under section 52(5) of the Act for an inquest into a death that the coroner is investigating must—\n\n(a) be in Form 26; and\n\n(b) specify the reason why the inquest is sought.\n\n(2) A request under section 53(2) of the Act for an inquest into a fire that the coroner is investigating must—\n\n(a) be in Form 27; and\n\n(b) specify the reason why the inquest is sought.\n\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Decision regarding whether inquest to be held","content":"\t53 Decision regarding whether inquest to be held\n\n(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—\n\n(a) be in Form 28; and\n\n(b) specify the reasons for the decision.\n\n(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—\n\n(a) be in Form 29; and\n\n(b) specify the reasons for the decision.\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Publication of the details of an inquest","content":"\t54 Publication of the details of an inquest\n\n(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.\n\n(2) Notice under paragraph (1) must—\n\n(a) be published in a daily newspaper circulating throughout the State or on the internet; and\n\n(b) contain the date, time, place and subject of the inquest.\n\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Closed court orders","content":"\t55 Closed court orders\n\n(1) A closed court order made under section 30(3) of the **Open Courts Act 2013** must be in Form 30.\n\n(2) In this Rule—\n\n***closed court order***  has the same meaning as it has in section 3 of the **Open Courts Act 2013**.\n\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Interested party","content":"\t56 Interested party\n\n(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.\n\n(2) An application under paragraph (1) must be in Form 31.\n\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Privilege in respect of self-incrimination","content":"\t57 Privilege in respect of self-incrimination\n\nA certificate under section 57(5) and (6) of the Act must be in Form 32.\n\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Warrants for arrest","content":"\t58 Warrants for arrest\n\nA warrant to arrest a person issued under section 59 of the Act must be in Form 33.\n\nOrder 7—Seizure\n\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Storage of seized, taken or received things or samples","content":"\t59 Storage of seized, taken or received things or samples\n\n(1) Seized, taken or received things or samples must be held at a location determined by a coroner or the State Coroner.\n\n(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.\n\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Access to seized, taken or received things or samples","content":"\t60 Access to seized, taken or received things or samples\n\n(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.\n\n(2) A person may apply to the Coroners Court for access to seized, taken or received things or samples.\n\n(3) An application under paragraph (2) must be in Form 34.\n\n(4) An order under paragraph (1) may be subject to any condition that the coroner thinks fit, including but not limited to—\n\n(a) restrictions on the type and duration of access; and\n\n(b) a requirement that an officer of the Coroners Court, or any person assisting a coroner, be present while the thing is being accessed.\n\n(5) An order allowing access to seized, taken or received things or samples must be in Form 35.\n\n","sortOrder":66},{"sectionNumber":"61","sectionType":"section","heading":"Seized, taken or received things or samples no longer required to be held","content":"\t61 Seized, taken or received things or samples no longer required to be held\n\n(1) A seized, taken or received thing or sample is no longer required to be held if the thing—\n\n(a) is no longer reasonably required by the Coroners Court for the purposes of investigations or inquests; and\n\n(b) is not likely to become reasonably required by the Coroners Court for the purposes of investigations or inquests.\n\n(2) If a seized, taken or received thing or sample is no longer required to be held under paragraph (1), the Coroners Court may—\n\n(a) make an order for the release of the seized, taken or received thing or sample in accordance with Rule 62; or\n\n(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.\n\n(3) An order made under paragraph (2)(b) must be in Form 36.\n\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"Release of seized, taken or received things or samples","content":"\t62 Release of seized, taken or received things or samples\n\n(1) A person may apply to the Coroners Court for a seized, taken or received thing or sample to be released to the person.\n\n(2) An application under paragraph (1) must be in Form 34.\n\n(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—\n\n(a) release of the thing or sample to its owner; or\n\n(b) if the owner of the thing or sample cannot be identified or found—\n\n(i) release of the thing or sample to a person who has applied for release of the thing or sample under paragraph (1); or\n\n(ii) release of the thing or sample to a specified person.\n\n(4) An order under paragraph (3) must be in Form 36.\n\n(5) An order under paragraph (3) must not be made unless—\n\n(a) a person can be specified to whom it is appropriate that the thing or sample be released; and\n\n(b) it is safe for the thing or sample to be released.\n\nOrder 8—Findings, recommendations and referrals\n\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Findings of coroner investigating a death","content":"\t63 Findings of coroner investigating a death\n\n(1) Under section 67 of the Act, the finding of a coroner following an inquest into a death must be in Form 37.\n\n(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.\n\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Findings of coroner investigating a fire","content":"\t64 Findings of coroner investigating a fire\n\n(1) Under section 68 of the Act, the finding of a coroner following an inquest into a fire must be in Form 39.\n\n(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.\n\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"Findings not required if inquest not held or discontinued","content":"\t65 Findings not required if inquest not held or discontinued\n\n(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.\n\n(2) A determination under paragraph (1) must be in Form 41.\n\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Proceeding suppression order","content":"\t66 Proceeding suppression order\n\n(1) A proceeding suppression order made by a coroner under section 18(2) of the **Open Courts Act 2013** must be in Form 42.\n\n(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.\n\n(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.\n\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Reports and recommendations","content":"\t67 Reports and recommendations\n\n(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.\n\n(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—\n\n(b) be served by registered post, or given, to the Minister, public statutory authority or entity; and\n\n(c) include a copy of the coroner's findings in respect of the death or fire investigated by the coroner.\n\n(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.\n\n(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—\n\n(a) publish the written response on the website of the Coroners Court;\n\n(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\n\n(c) if possible, email a link to the published written response on the website of the Coroners Court to any person who—\n\n(i) has advised the principal registrar that they have an interest in the subject of the recommendations; and\n\n(ii) the principal registrar considers to have a sufficient interest in the subject matter of the recommendations.\n\n","sortOrder":73},{"sectionNumber":"68","sectionType":"section","heading":"Publication of findings and reports","content":"\t68 Publication of findings and reports\n\n(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.\n\n(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.\n\n(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.\n\n","sortOrder":74},{"sectionNumber":"69","sectionType":"section","heading":"Publication of determination, ruling or order","content":"\t69 Publication of determination, ruling or order\n\nWithout 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.\n\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"Re-opening of an investigation or setting aside a finding","content":"\t70 Re-opening of an investigation or setting aside a finding\n\n(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.\n\n(2) An order made by the Coroners Court under section 77 of the Act must be in Form 44.\n\nOrder 9—Registrars\n\n\t71 Functions of registrars\n\nFor 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.\n\nOrder 10—Allowances and reimbursement of expenses\n\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Attendance expenses for expert witnesses","content":"\t72 Attendance expenses for expert witnesses\n\nUnless 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.\n\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Allowances and expenses of witnesses other than expert witnesses","content":"\t73 Allowances and expenses of witnesses other than expert witnesses\n\n(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.\n\n(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.\n\n(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.\n\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Meals","content":"\t74 Meals\n\n(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.\n\n**Table 1**\n\n|  | *Capital City* | *Any other location* |\n| --- | --- | --- |\n| Breakfast | $17.70 | $15.75 |\n| Lunch | $19.75 | $18.05 |\n| Dinner | $34.05 | $31.15 |\n| Total | $71.50 | $64.95 |\n\n(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.\n\n**Table 2**\n\n| Breakfast | $12.40 |\n| Lunch | $12.40 |\n| Dinner | $16.50 |\n| Total | $41.30 |\n\n(3) Despite paragraph (1) or (2), a witness is only entitled to an allowance—\n\n(a) for breakfast, if they are absent from their home between 7.00 a.m. and 9.30 a.m.;\n\n(b) for lunch, if they are absent from their home between 12.00 p.m. and 3.00 p.m.; and\n\n(c) for dinner, if they are absent from their home between 5.00 p.m. and 7.00 p.m..\n\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Accommodation","content":"\t75 Accommodation\n\nA 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.\n\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Travelling","content":"\t76 Travelling\n\n(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.\n\n(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.\n\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"Evidence of expenses etc. to be produced","content":"\t77 Evidence of expenses etc. to be produced\n\nThe 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—\n\n(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;\n\n(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;\n\n(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;\n\n(d) in the case of Rule 75, evidence of the expenditure or cost incurred by the witness;\n\n(e) in the case of Rule 76(1), evidence of the cost of the most economical form of transport.\n\nOrder 11—Access to documents\n\n\t78 Access to documents\n\n(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.\n\n(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.\n\n(3) An application under paragraph (2) must be in Form 45.\n\n(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.\n\n(5) An order made under paragraph (4) must be in Form 46.\n\nForm 1—Affidavit of service\n\nRule 24\n\nAFFIDAVIT OF SERVICE\n\nI, [*name*], [*occupation*] of [*address*], *make oath and say/*affirm that I served [*name of person served*] with the following document(s):\n\n[*describe the document(s) served*]\n\n* by leaving it with them personally at [*address*]\n\n* by delivering it to their place of residence to [*name*] a person apparently over the age of 16 years and residing there at [*address*]\n\n* 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*]\n\n* by posting it by prepaid ordinary post at [*address*] in an envelope addressed to them at their address for service at [*address*]\n\n* by leaving it at [*address*]\n\n* by sending it by post to the registered office of that corporation at [*address*]\n\n* by posting it by registered post at [*address*] in an envelope addressed to them at their address for service at [*address*]\n\n* by giving to [*name*] at [*address*]\n\n* by sending it by registered post to the registered office of [*Minister, public statutory authority, entity*] at [*address*]\n\non [*day of week*], the day of 20 at *a.m./ *p.m.\n\n| *SWORN/*AFFIRMED at: _____________ [*place*]<br>in the State of Victoria on: _____________ [*date*] | _________________<br>*Signature of person making affidavit* |\n\nBefore me: __________________________\n\n*Signature of person witnessing affidavit*\n\nauthorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\n[*Name and address in legible writing, typing or stamp*]\n\nForm 2—Determination by Coroner that reported death is not a reportable death\n\nRule 27(1)\n\nDetermination by Coroner that Reported Death is not a Reportable Death\n\n1. On [*date*], [*full name of reporting person*], *[*position*], *[*organisation*] reported the death of:\n\n1. [*full name of deceased*], *born [*date of birth*]/*aged [*age*];\n2. who died *on or about/*on/*between [*date of death*];\n3. at [*place of death*], [*state*], [*postcode*].\n\n2. 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:\n\n*****the death is not a reportable death described in section 4 of the Act;\n\n*****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;\n\n3. I discontinue the investigation into the death under section 16(3) of the Act.\n\n4. *I direct that a copy of this determination be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  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.\n\nForm 2A—Determination by coroner that death probably occurred more than 100 years before it was reported\n\nRule 27(2)\n\nDetermination by coroner that death probably occurred more than 100 years before it was reported\n\n1. On [*date*], [*name of reporting person*], *[*position*], *[*organisation*] reported the death of:\n\n(a) [*name of deceased*], *born [*date of birth*]/*aged [*age*];\n\n(b) who died *on or about/*on/*between [*date of death*];\n\n(c) at [*place of death*], [*state*], [*postcode*].\n\n2. I determine the death probably occurred more than 100 years before the death was reported to the Coroners Court, because:\n\n(a) the cogency and consistency of all evidence relevant to the death supports such a finding.\n\n(b) [*specify any additional reasons*].\n\n3. I discontinue the investigation into the death under section 16(5) of the **Coroners Act 2008**.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 3—Finding into death and determination to discontinue investigation\n\nRule 28\n\nFINDING INTO DEATH AND Determination TO DISCONTINUE INVESTIGATION\n\n1. 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'):\n\n(a) the identity of the deceased is [*name of deceased*], *born [*date of birth*]/*aged [*age*];\n\n(b) the death occurred *on or about/*on/*between [*date of death*], at [*location of death, state, postcode*]; and\n\n(c) the cause of death was:\n\n1(a)\n\n1(b)\n\n1(c)\n\n2. I determine to discontinue an investigation under section 17 of the Act because:\n\n(a) other than the death being unexpected, the death was not a death referred to in section 4(2)(a) of the Act; and\n\n(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\n\n(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\n\n(d) the death is not a reviewable death.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 4—Referral of reviewable death to the Victorian Institute of Forensic Medicine\n\nRule 29\n\nREFERRAL OF REVIEWABLE DEATH to the victorian institute Of forensic medicine\n\n1. I refer the death of [*name of deceased*], *born [*date of birth*]/  \n*aged [*age*] to the Victorian Institute of Forensic Medicine under section 18(1) of the **Coroners Act 2008**.\n\n2. 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***.*\n\nForm 5—Decision not to refer reviewable death to the Victorian Institute of Forensic Medicine\n\nRule 30\n\nDECISION not to refer reviewable death to the Victorian Institute of Forensic Medicine\n\n1. 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').\n\n2. I direct a copy of this decision be provided to the Victorian Institute of Forensic Medicine, under section 19(2) of the Act.\n\nForm 6—Determination that death is not a reviewable death\n\nRule 31\n\nDetermination that Death is not a reviewable Death\n\n1. On [*date*], [*name of reporting position*], *[*position*], *[*organisation*] reported the death of:\n\n(a) [*name of deceased*], *born on [*date of birth*]/*aged [*age*];\n\n(b) who died *on or about/*on/*between [*date of death*];\n\n(c) at [*place of death*], [*state*], [*postcode*].\n\n2. I determine the death is not a reviewable death under section 20(1) of the **Coroners Act 2008** ('the Act'), because:\n\n3. I discontinue the investigation into the death, under section 20(3) of the Act.\n\nForm 7—Identification direction\n\nRule 34\n\nIdentification Direction\n\n1. 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.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 8—Determination by coroner of identity of deceased\n\nRule 35(5)\n\nDETERMINATION BY CORONER OF IDENTITY OF DECEASED\n\n1. Having considered the following information available to me at this time\n\n🞏 Police report of death (Police Form 83)\n\n🞏 Report of Medical Investigator\n\n🞏 VIFM admission photograph of the deceased\n\n🞏 VIFM identification report\n\n🞏 Statement of Identification\n\n🞏 Fingerprint report\n\n🞏 Scientist's report of the results of DNA comparison/analysis\n\n🞏 Medical Certificate of Cause of Death\n\n🞏 Initial Family Contact Log\n\n🞏 Clinical records of [*please specify*]\n\n🞏 Police report as to circumstances (Police Form 47)\n\n🞏 Other: [*please specify*]\n\nI find that the identity of the deceased is [*name of deceased*], *born [*date of birth*]/*aged [*age*], because:\n\n(a) *[*specify reasons*]; and\n\n(b) the cogency and consistency of all evidence relevant to identification of the deceased supports such a finding.\n\n| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 9—Direction regarding autopsy\n\nRule 36\n\nDirection REGARDING Autopsy\n\n1. 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:\n\n🞏 Police report of death (Police Form 83)\n\n🞏 Report of Medical Investigator\n\n🞏 VIFM admission photograph of the deceased\n\n🞏 VIFM identification report\n\n🞏 Statement of Identification\n\n🞏 Fingerprint report\n\n🞏 Scientist's report of the results of DNA comparison/analysis\n\n🞏 Medical Certificate of Cause of Death\n\n🞏 Initial Family Contact Log\n\n🞏 Clinical records of [*please specify*]\n\n🞏 Police report as to circumstances (Police Form 47)\n\n🞏 Request for autopsy from [*please specify*]\n\n🞏 Other: [*please specify*]\n\n**AND** having consulted with, and sought advice from, the medical investigator in relation to identifying the cause of death and having noted:\n\n🞏 the following specific concerns raised by the senior next of kin prior to making this direction:\n\n🞏 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;\n\n🞏 that the person making the request for an autopsy direction is the senior next of kin;\n\n🞏 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;\n\nI **DIRECT** that the medical investigator:\n\n🞏 perform an autopsy\n\nOR\n\n🞏 perform an autopsy, on the following conditions under section 25(3) of the **Coroners Act 2008** ('the Act'):\n\n[*specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy*]\n\nOR\n\n🞏 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:\n\n1(a)\n\n1(b)\n\n1(c)\n\nOR\n\n🞏 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:\n\n[*please specify reasons*]\n\n2. 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:\n\n🞏 Nil Toxicology\n\n🞏 Full Routine Toxicology (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Carboxyhaemoglobin saturation (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Microbiology (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Blood Alcohol Saturation (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Other [*please specify*] (🞏 Ante Mortem 🞏 Post Mortem).\n\n3. I direct the autopsy be performed:\n\n🞏 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;\n\nOR\n\n🞏 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;\n\nOR\n\n🞏 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;\n\nOR\n\n🞏 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.\n\n| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>*STATE CORONER/*DEPUTY STATE CORONER/*CORONER<br>Date: |  |\n\nNOTE:  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.\n\nUnder 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.\n\nForm 10—Determination by Coroner following a request to reconsider a direction that an autopsy be performed\n\nRule 38\n\nDETERMINATION BY CORONER FOLLOWING A REQUEST TO RECONSIDER A DIRECTION THAT AN AUTOPSY BE PERFORMED\n\n1. 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:\n\n[*specify concerns*]\n\n2. 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:\n\n🞏 the autopsy is necessary for the investigation of the death and it is appropriate to give the autopsy direction;\n\n🞏 the autopsy is not necessary for the investigation of the death and it is not appropriate to give the autopsy direction;\n\n🞏 it is not appropriate to give the autopsy direction even though a reasonable medical cause of death cannot be established;\n\nbecause:\n\n[*specify reasons—e.g. religious, cultural, preference of deceased*]\n\n3. *It is my opinion that a reasonable medical cause of death can be established as being:\n\n1(a)\n\n1(b)\n\n1(c)\n\n4. I *affirm/*amend/*revoke my previous direction for autopsy dated [*date of direction*], and direct that the medical investigator:\n\n🞏 perform an autopsy\n\nOR\n\n🞏 perform an autopsy, on the following conditions under section 25(3) of the Act:\n\n[*specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy*]\n\nOR\n\n🞏 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:\n\n1(a)\n\n1(b)\n\n1(c)\n\nOR\n\n🞏 not perform an autopsy but provide a report based on the preliminary examination of the medical investigator.\n\n5. *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:\n\n🞏 Nil Toxicology\n\n🞏 Full Routine Toxicology (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Carboxyhaemoglobin saturation (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Microbiology (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Blood Alcohol Saturation (🞏 Ante Mortem 🞏 Post Mortem)\n\n🞏 Other [*please specify*] (🞏 Ante Mortem 🞏 Post Mortem).\n\n6. *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.\n\n7. I direct a copy of this determination be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  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.\n\nForm 11—Notice of decision to refuse request for autopsy\n\nRule 39\n\nNOTICE OF DECISION TO REFUSE request for Autopsy\n\n1. 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').\n\n2. Having considered the request, and having consulted with and sought advice from *the Victorian Institute of Forensic Medicine/  \n*a medical investigator, I have decided to refuse the request because:\n\n(a) [*specify reasons*];\n\n(b) *the autopsy is not necessary for the investigation of the death;\n\n(c) *it is not appropriate to give the direction;\n\n(d) *it is my opinion that a reasonable medical cause of death can be established as being:\n\n1(a)\n\n1(b)\n\n1(c)\n\n3. I direct a copy of this decision be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 12—Advice to Coroner regarding preservation of tissue or material\n\nRule 40(3)\n\nADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL\n\n1. 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*]:\n\n[*specify tissue and/or material*]\n\n2. It is my opinion that the removal and preservation of the *tissue(s)/  \n*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:\n\n3. I anticipate the duration for preservation will be approximately *day(s)/*week(s)/*months(s) [*if different durations, please specify below*]:\n\n[*specify tissue, material and duration of preservation*]\n\n4. *It is my opinion that the following restrictions should be placed on the release of the *tissue(s)/*material(s):\n\n[*specify restrictions*]\n\nSignature of Medical Investigator:\n\n[*insert medical investigator's name*]\n\nTime:\n\nForm 13—Direction to preserve tissue or material\n\nRule 40(4)\n\ndirection to preserve tissue or material\n\n1. 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*].\n\n2. 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:\n\n3. 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:\n\n(a) [*specify tissue/material and duration*]\n\n(b) [*specify restrictions/conditions*].\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 14—Request for release of preserved tissue or material\n\nRule 41(3)\n\nREQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL\n\n1. 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:\n\n[*specify the tissue(s)/material(s)*]\n\n2. *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*];\n\n*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*].\n\n3. *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.\n\nSignature of staff member:\n\n[*insert staff member's name*]\n\nForm 15—Order to release preserved tissue or material\n\nRule 41(5)\n\nOrder to Release PRESERVED tissue OR material\n\n1. 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*].\n\n2. 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.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 16—Request to investigate a fire\n\nRule 42(1)\n\nREQUEST TO INVESTIGATE A FIRE\n\n****Fire authority request for fire investigation***\n\n1. 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:\n\n****Application for investigation into a fire***\n\n1. 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:\n\nSignature of requestor:\n\n[*insert name*]\n\nForm 17—Determination following a request to investigate a fire\n\nRule 42(2)\n\ndetermination following a request to investigate a fire\n\n****Fire authority request for fire investigation***\n\n1. 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**.\n\n2. I have determined the investigation is not in the public interest and refuse to investigate the fire because:\n\n3. I direct that a copy of this determination be provided to the following:\n\n[*name of applicant, position, organisation*]\n\n****Application for investigation into a fire***\n\n1. 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**.\n\n2. I refuse to investigate the fire because:\n\n3. I direct that a copy of this determination be provided to the following:\n\n[*name of applicant, position, organisation*]\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 18—Authorisation by Coroner to a police officer\n\nRule 46\n\n*IN THE MATTER OF THE *DEATH OF [*NAME OF DECEASED*]/  \n\nAuthorisation by coroner to a police officer\n\n1. In the investigation of the:\n\n*death of [*name of deceased*], *born *[date of birth*]/*aged [*age*];\n\n*fire located at [*location of fire*] that occurred *on/*between [*date of fire*];\n\nI 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**:\n\n🞏 breaking, entering and searching premises, using reasonable force if required;\n\n🞏 taking copies of any documents relevant to the investigation;\n\n🞏 seizing things (including documents) and taking samples, which may be relevant to the investigation;\n\nas specified in the Schedule attached to this Authority.\n\nSchedule:\n\n2. The powers referred to in this authorisation may only be exercised between [*time*] and [*time*] on or between [*date*] and [*date*] inclusive.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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—\n\n(a) to produce a document located at the premises that is in the person's possession or control; or\n\n(b) to operate equipment or access information from the equipment.\n\nSection 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.\n\nSection 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—\n\n(a) take photographs, or make audio or audiovisual recordings, at the premises;\n\n(b) bring any equipment or materials to the premises that may be required;\n\n(c) seal a thing or lock the premises;\n\n(d) analyse, measure, or test any thing at the premises with equipment brought to the premises or that is already at the premises;\n\n(e) do any other thing that is reasonably necessary for the coroner or police officer to investigate the death or fire.\n\nForm 19—Result of search\n\nRule 46(3)\n\nCourt Reference\n\nresult of search\n\n****Executed Authority***\n\n1. On [*date*], the Coroner's Authority dated [*date of authority*] was executed by [*rank and name*] at [*time*] *a.m./*p.m.\n\n2. 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*].\n\n3. [*Name and rank of police officer*] seized the following items:\n\n[*specify items seized*]\n\n4. I have retained the items specified in paragraph 3 under my control.\n\n****Unexecuted Authority***\n\n1. The Coroner's Authority dated [*date of authority*] is returned unexecuted because:\n\n[*specify reasons why Authority was not executed*]\n\nSignature of investigating officer:\n\n__________________________________\n\n[*insert name, rank and registration no.*]\n\nForm 20—Application for exhumation\n\nRule 47(1)\n\nApplication for Exhumation\n\n**I apply to the State Coroner for an authorisation of an exhumation of the body of:**\n\nDate of death (if known):\n\nPlace of death (if known):\n\nFrom the following place:\n\n**Details of burial:**\n\nDate of burial:\n\nLocation of burial: [*include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave*]\n\nForm 21—Refusal to authorise exhumation\n\nRule 47(2)\n\nrefusal to authorise Exhumation\n\n1. On [*date*], [*name*] applied to the State Coroner to authorise exhumation of the body of [*name of deceased*], *born [*date of birth*]/*aged [*age*].\n\n2. I refuse to authorise the exhumation because:\n\nNOTE: Under section 81(3) and (4) of the **Coroners Act 2008**, an appeal can be made to the Trial Division of the Supreme Court within 3 months after the refusal to authorise the exhumation of a body.\n\nForm 22—Notice of intention to authorise exhumation\n\nRule 49(1)\n\nNOTICE OF INTENTION TO AUTHORISE Exhumation\n\n1. I intend to authorise exhumation of the body of [*name of deceased*], *born [*date of birth*]/*aged [*age*]:\n\n*on my own motion under section 44 of the **Coroners Act 2008** ('the Act').\n\n*on the application of [*name of person*] dated [*date of application*] under section 43 of the Act.\n\n2. [*Name of deceased*] is buried at [*include the name of the cemetery/place of interment; plot/grave; and where applicable the position in the plot/grave*].\n\n3. I believe the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation, because:\n\n4. I order that notice of this intention is given to:\n\n(a) [*name of senior next of kin*];\n\n(b) [*name of cemetery trust*], responsible for the public cemetery;\n\n(c) [*name of owner of land*], owner of the land where the place of interment is located, under the **Cemeteries and Crematoria Act 2003**.\n\nNOTE:  Under section 45(1)(a) of the **Coroners Act 2008** ('the Act'), the senior next of kin may provide suggestions as to how and whether the proposed exhumation should be conducted. An appeal can be made to the Trial Division of the Supreme Court under section 81 of the Act against an authorisation of an exhumation under section 46 of the Act.\n\nForm 23—Authorisation of exhumation\n\nRule 49(2)\n\nAuthorisation of Exhumation\n\n1. On [*date*], I issued a notice of intention to authorise exhumation of the body of [*name of deceased*], *born [*date of birth*]/*aged [*age*], having formed the belief that the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation.\n\n2. *I have considered the following suggestions raised by [*name*] regarding the notice of intention to authorise an exhumation made under section 45 of the **Coroners Act 2008**:\n\n[*specify suggestions*]\n\n*I have not received correspondence from any person regarding the proposed exhumation.\n\n3. I believe that the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation because:\n\n4. I authorise the exhumation of the body of [*name of deceased*], buried at [*place of interment or cemetery*], and direct that the body be taken to [*place/address*] without delay and held there, *subject to the following conditions:\n\n[*insert conditions*]\n\n5. *I direct that a copy of this authorisation be provided to the following:\n\nNOTE:  Section 46(5) of the **Coroners Act 2008** ('the Act') provides that authorisation of an exhumation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (or any further period specified by the State Coroner) unless:\n\n(a) the State Coroner directs that the exhumation be conducted immediately; or\n\n(b) within that period, the senior next of kin advises that they will not appeal to the Supreme Court against the authorisation.\n\nAn appeal can be made to the Trial Division of the Supreme Court under section 81 of the Act against an authorisation of an exhumation under section 46 of the Act.\n\nForm 24—Order for release of body\n\nRule 50\n\norder for release of body\n\n***Release of body only with no competing applications**\n\n1. I order that the body of [*name of deceased*], *born [*date of birth*]/*aged [*age*], be released to [*name*]\n\n*subject to the following terms and/or conditions:\n\n[*insert terms/conditions*]\n\n*for overseas repatriation. I am advised that there is no indication of any infectious diseases. The cause of death is [*insert cause/s of death*]\n\nbecause:\n\n🞏 I am satisfied that it is no longer necessary to have control of the body to exercise my functions under the **Coroners Act 2008**.\n\n🞏 I have determined that the death was not a reportable death or a reviewable death.\n\n2. *The funeral director is [*name of funeral director*].\n\n***Order for release of body where there are competing applications**\n\n1. I have received competing applications for release of the body of [*name of deceased*], *born [*date of birth*]/*aged [*age*] from [*names of all applicants*].\n\n2. Having considered the applications of [*names of all applicants*]  I have determined that [*name of deceased*]'s body be released to [*name*] because:\n\n[*insert reasons*]\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  Under section 85 of the **Coroners Act 2008** ('the Act'), a person who applied to have a body released to them under section 48 of the Act may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court.\n\nAn appeal under section 85 of the Act must be made within 48 hours after the determination of the coroner is made.\n\nForm 25—Application for release of body\n\nRule 51\n\nAPPLICATION FOR RELEASE OF BODY\n\n**I apply to the Coroner for release of the body of:**\n\nDate of death (if known):\n\nPlace of death (if known):\n\n**Details of funeral director:**\n\nOrganisation:\n\nFuneral director's code:\n\nI, [*name of applicant*]:\n\n1. confirm that all information I have provided in this form and supporting documents (if applicable) is true and correct to the best of my knowledge;\n\nAND\n\n2. understand that my application may be provided to any other applicant (if the coroner determines that it is appropriate to do so).\n\nNOTE:  Under section 85 of the **Coroners Act 2008** ('the Act'), a person who applied to have a body released to them under section 48 of the Act may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court.\n\nAn appeal under section 85 of the Act must be made within 48 hours after the determination of the coroner is made.\n\nForm 26—Request for inquest into death\n\nRule 52(1)\n\nRequest for Inquest into Death\n\n**I  request that the Coroner hold an inquest into the death of:**\n\nDate of death/suspected death:\n\nPlace of death/suspected death:\n\n**Reasons for application:**\n\nForm 27—Request for inquest into fire\n\nRule 52(2)\n\nREQUEST FOR INQUEST INTO FIRE\n\n**I request that the Coroner hold an inquest into the fire at:**\n\n**Details of fire:**\n\nForm 28—Decision by Coroner whether an inquest will be held into a death\n\nRule 53(1)\n\ndecision by coroner whether an inquest will be held into a death\n\n1. On [*date*], [*name of applicant*] requested that I hold an inquest into the death of [*name of deceased*], *born [*date of birth*]/*aged [*age*].\n\n2. I have determined *to hold an inquest/*not to hold an inquest/*not to decide whether or not an inquest should be held because:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: Under section 82 of the **Coroners Act 2008** ('the Act'), if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Trial Division of the Supreme Court within 3 months 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.\n\nForm 29—Decision by Coroner whether an inquest will be held into a fire\n\nRule 53(2)\n\nDECISION BY CORONER WHETHER AN INQUEST WILL BE HELD INTO A FIRE\n\n1. On [*date*], [*name of applicant*] requested that I hold an inquest into the fire at [*location of fire*], which occurred *on/*between [*date of fire*].\n\n2. I have determined *to hold an inquest/ *not to hold an inquest/  \n*not to decide whether or not an inquest should be held because:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  Under section 82 of the **Coroners Act 2008** ('the Act'), if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Trial Division of the Supreme Court within 3 months 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.\n\nForm 30—Closed Court Order\n\nRule 55\n\nCLOSED COURT ORDER\n\n1. I order under section 30(1) of the **Open Courts Act 2013** that:\n\n(a) [*specify parts of proceeding*] of the proceeding be heard in closed court;\n\n(b) [*insert name(s) of person(s) permitted*] are permitted to be present during *those hearings/*the proceedings; and\n\n(c) unless authorised by the court to do so, entry by any other person is prohibited.\n\n2. Under section 30(3) of the **Open Courts Act 2013**, I reasonably believe that this order is necessary in the public interest, having regard to the matters specified in Part 2 of the **Coroners Act 2008**.\n\n3. A copy of this order must be posted on the door of this court.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: Under section 32 of the **Open Courts Act 2013**, a person must not engage in conduct that constitutes a contravention of a closed court order that is in force if that person—\n\n(a) knows that the closed court order is in force; or\n\n(b) is reckless as to whether a closed court order is in force.\n\nForm 31—Application for leave to appear as an interested party\n\nRule 56(2)\n\nAPPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY\n\n**Details of deceased (if applicable):**\n\n**Details of fire (if applicable):**\n\n**I seek leave to appear for:**\n\n*the whole of the inquest;\n\n*part of the inquest: [*specify which part of the inquest*]\n\n**Details of legal representative (if applicable):**\n\nName of firm/Position held:\n\n**Reasons for application (see note below):**\n\nSignature of *applicant/*legal representative:\n\nNOTE: Under section 56 of the **Coroners Act 2008**, a coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that—\n\n(a) the person has sufficient interest in the inquest; and\n\n(b) it is appropriate for the person to be an interested party.\n\nForm 32—Certificate under section 57 of the Coroners Act 2008\n\nRule 57\n\nCERTIFICATE UNDER SECTION 57 OF THE cORONERS aCT 2008\n\n1. I certify under section 57 of the **Coroners Act 2008** ('the Act') that evidence in these proceedings by [*name of witness*] on [*state date or dates*] is\n\n*evidence\n\n*information, a document or a thing\n\nto which section 57(7) of the Act applies.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: Section 57(7) of the **Coroners Act 2008** ('the Act'):\n\nIn any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—\n\n(a) evidence given by a person in respect of which a certificate under this section has been given; and\n\n(b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—\n\ncannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.\n\nSection 57(8) of the Act provides that section 57(7) of the Act has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.\n\nA transcript or other record of the evidence will be forwarded by the Court to the recipient of this certificate when available.\n\nForm 33—Warrant to arrest\n\nRule 58\n\nWARRANT TO ARREST\n\n**TO ALL POLICE OFFICERS**\n\n1. [*Name of person*] of [*address*]\n\n*was summoned by a coroner under section 55 of the **Coroners Act 2008** and has failed to attend before the coroner and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.\n\n*was summoned by a coroner under section 55 of the **Coroners Act 2008** and has failed to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.\n\n*is avoiding service of a summons under section 55 of the **Coroners Act 2008**.\n\n*has been duly served with a summons under section 55 of the **Coroners Act 2008** but is unlikely to comply with it.\n\n2. [*name of person*] is to be brought before the Coroners Court to answer the summons and to be further dealt with according to law, and if it is not practicable to bring the person before the Coroners Court forthwith, to release the person on bail in accordance with the endorsement below.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\n**ENDORSEMENT FOR BAIL**\n\nThe person named may be released on entering an undertaking of bail to appear at the Coroners Court at [*venue*] on the following conditions—\n\n[*specify conditions*]\n\nForm 34—Application for access to or release of seized, taken or received thing or sample\n\nRules 60(3) and 62(2)\n\nAPPLICATION FOR ACCESS TO OR RELEASE OF SEIZED, taken or received THING or sample\n\n***Details of legal representative (if applicable):**\n\nFirm/Position held:\n\n***Details of deceased (if applicable):**\n\n***Details of fire (if applicable):**\n\n**I request under section 114 of the Coroners Act 2008 that the following thing(s) or sample(s) be *accessed by/*released to** [*name of person*]:\n\n[*specify things* *or samples*]\n\nSignature of *applicant/*legal representative:\n\nForm 35—Order by Coroner following application for access to seized, taken or received thing or sample\n\nRule 60(5)\n\nOrder by Coroner following application for Access TO SEIZED, taken or received THING or sample\n\n1. On [*date of application*], I received an application from [*name of applicant*] for access to [*specify* *thing* *or sample*]  that *was/*were seized, taken or received in relation to the investigation into the *death of [*name of deceased*]/*fire at [*location of fire*].\n\n2. *I refuse the application because:\n\n3. *I authorise [*name of applicant*] to have access to [*specify thing(s) or sample(s)*] *on the following condition(s):\n\n[*specify conditions*]\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE* *CORONER*/**CORONER*]<br>Date: |  |\n\nForm 36—Order by Coroner for release, destruction or disposal of seized, taken or received thing\n\nRules 61(3) and 62(4)\n\nOrder by Coroner FOR RELEASE, DESTRUCTION OR DISPOSAL OF Seized, taken or received Thing\n\n1. 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\n\n*death of  [*name of deceased*], ***born [*date of birth*]/*aged [*age*]\n\n***fire at  [*location of fire*] which occurred  *on/*between  [*date of fire*].\n\n2. I order that [*specify thing(s) or sample(s)*]\n\n*be released to [*name of owner*] of [*address*].\n\n*be released to [*specify person*] of [*address*] as the owner cannot be identified or found.\n\n*be destroyed by [*specify by whom*].\n\n*be disposed of in the following manner [*outline manner to be disposed of*] by [*specify by whom*].\n\n*not be released at this stage.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date:<br>*Delete if inapplicable |  |\n\nForm 37—Finding into death following inquest\n\nRule 63(1)\n\nfinding into death FOLLOWING inquest\n\n1. 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:\n\n(a) the identity of the deceased was [*name of deceased*], *born on/*aged [**date*/**age*];\n\n(b) the death occurred *on or about/*on/*between [*full date(s)*] at [*full address of place of death*]; and\n\n(c) the cause of death was [*cause* *of death*].\n\n2. I find, under section 67(1)(c) of the **Coroners Act 2008** ('the Act'), that the death occurred in the following circumstances:\n\n[*specify* *circumstances*].\n\n3. *I make the following comment(s) connected with the death under section 67(3) of the Act:\n\n[*specify* *comments*]\n\n4. *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:\n\n[*specify* *recommendations*]\n\n5. *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:\n\n[*specify conditions—e.g. redactions*]\n\n6. *I direct that a copy of this finding be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 38—Finding into death without inquest\n\nRule 63(2)\n\nfinding into death without inquest\n\n1. Having investigated the death of [*name of deceased*] and without holding an inquest, I find that:\n\n(a) the identity of the deceased was [*name of deceased*], *born on/*aged [**date*/**age*];\n\n(b) the death occurred *on or about/*on/*between [*full date(s)*] at [*full address of place of death*]; and\n\n(c) the cause of death was [*cause of death*].\n\n2. *I find, under section 67(1) of the **Coroners Act 2008** ('the Act'), that the death occurred in the following circumstances:\n\n*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:\n\n(a) [*name of deceased*] was not, immediately before their death, a person placed in custody or care; and\n\n(b) there is no public interest to be served in making a finding regarding those circumstances.\n\n3. *I make the following comment(s) connected with the death under section 67(3) of the Act:\n\n[*specify* *comments*]\n\n4. *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:\n\n[*specify* *recommendations*]\n\n5. *I order that this finding be published on the Internet under section73(1A) of the Act.\n\n*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/  \n*care and that their death was due to natural causes.\n\n*subject to the following conditions:\n\n[*conditions—e.g. redaction of names, parts of the finding etc.*]\n\n6. *I direct that a copy of this finding be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 39—Finding into fire following inquest\n\nRule 64(1)\n\nfinding into fire following inquest\n\n1. 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:\n\n(a) the fire occurred *on/*on or about/*between [*date(s)*]; and\n\n(b) the fire was caused by [*cause*] *from/*on/*at [*origin*].\n\n2. I find under section 68 of the **Coroners Act 2008** ('the Act'), that the fire occurred in the following circumstances:\n\n3. *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:\n\n[*specify recommendations*]\n\n4. *I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:\n\n[*specify conditions—e.g. redactions*].\n\n5. *I direct that a copy of this finding be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 40—Finding into fire without inquest\n\nRule 64(2)\n\nfinding into fire without inquest\n\n1. Having investigated the fire at [*location of fire*] and without holding an inquest, I find that:\n\n(a) the fire occurred *on/*on or about/*between [*date(s)*]; and\n\n(b) was caused by [*cause*] *from/*on/*at [*origin*].\n\n2. I find, under section 68 of the **Coroners Act 2008** ('the Act'), that the fire occurred in the following circumstances:\n\n3. *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:\n\n[*specify recommendations*]\n\n4. *I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:\n\n[*specify conditions—e.g. redactions*]\n\n5. *I direct that a copy of this finding be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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.\n\nForm 41—Determination that inquest will not be held or will be discontinued\n\nRule 65\n\nDETERMINATION that INquest will not be Held or WILL BE Discontinued\n\n1. 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.\n\n2. I consider that it would be inappropriate to make findings in respect of the death as required by section 67 of the Act because:\n\n3. Accordingly, I have determined not to make any of the findings specified in section 67 of the Act.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nForm 42—Proceeding suppression order\n\nRule 66(1)\n\nPROCEEDING SUPPRESSION ORDER\n\n1. 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'):\n\n[*specify matters the subject of the order*]\n\n2. The prohibition on publication in paragraph 1 applies in [*specify geographical area*].\n\n3. The purpose of this order is [*specify purpose of the order*].\n\n4. The ground(s) relied on in making this order *is/*are [*specify ground(s) under section 18(1) of the Act*].\n\n5. 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.\n\n6. This order will expire on [*insert date or event*].\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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—\n\n(a) knows that the proceeding suppression order or interim order is in force; or\n\n(b) is reckless as to whether a proceeding suppression order or an interim order is in force.\n\nForm 42A—Interim order\n\nRule 66(2)\n\ninterim ORDER\n\n1. 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').\n\n2. I order that publication of the following, or information derived from the following, is prohibited under section 20(1) of the Act:\n\n[*specify matters the subject of the order*]\n\n3. The prohibition on publication in paragraph 2 applies in [*specify geographical area*].\n\n4. 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.\n\n5. 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.  \n\n6. This order will remain in effect until a substantive application under section 18 of the Act is determined, or this interim order is revoked.\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE: 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—\n\n(a) knows that the proceeding suppression order or interim order is in force; or\n\n(b) is reckless as to whether a proceeding suppression order or an interim order is in force.\n\nForm 42B—Notice of application for suppression order\n\nRule 66(3)\n\nSection 10 of the **Open Courts Act 2013** Court Reference:\n\nNOTICE OF APPLICATION FOR SUPPRESSION ORDER\n\n*Organisation:\n\n*Agent:\n\n[*n.b. Agents must attach a signed authority from the senior next of kin or interested party*]\n\n*Relationship to deceased (if any):\n\nContact telephone number(s):\n\n***Details of deceased (if applicable):**\n\n***Details of fire (if applicable):**\n\n**Documents, materials, names or other information over which suppression is sought:**\n\n[*specify precise details of documents, materials, names or other information and the extent to which suppression is sought*]\n\n**Grounds for application**\n\nI am requesting the above documents, materials, names or other information be suppressed on grounds that:\n\n🞏 disclosure would be likely to prejudice the fair trial of a person\n\n🞏 disclosure would be contrary to the public interest.\n\n**Factual and legal basis to support grounds for application:**\n\n[*Specify factual and legal basis to support grounds for application (attach additional pages if insufficient space)*]\n\n**Confirmation**\n\n🞏 I am the person identified in the Details of Applicant section of this form.\n\n🞏 All information provided in this application, including supporting documents, is true and correct to the best of my knowledge.\n\n🞏 I 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.\n\n🞏 I understand that the Coroners Court will provide a copy of this application to any relevant news media organisations.\n\nSigned:\n\nNote: 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.\n\nIt should not be inferred or assumed that any information, materials or documents in this document will be suppressed.\n\nTo submit the **Notice of Application for Suppression** please email this form to:\n\n<courtadmin@coronerscourt.vic.gov.au>\n\nForm 43—Application to set aside finding\n\nRule 70(1)\n\nApplication to Set Aside Finding\n\n***Details of deceased:**\n\n***Details of fire:**\n\n*Fire occurred *on/*about/*between:\n\n**Details of finding:**\n\nFindings by:\n\nDate of finding(s):\n\n**Details of the order sought:**\n\nRequest that the coroner set aside:\n\n*all of the findings.\n\n*the following particular findings: [*detail particular findings to be set aside*]\n\nNOTE: 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.\n\nForm 44—Order following application to set aside finding\n\nRule 70(2)\n\nORDER FOLLOWING APPLICATION TO SET ASIDE FINDING\n\n1. On [*date*], the Coroners Court received an application from [*name of applicant*] to set aside the finding dated [*date of finding*].\n\n2. *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:\n\n*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:\n\n*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:\n\n3. 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.\n\n4. *I direct that a copy of this determination be provided to the following:\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  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.\n\nForm 45—Application for access to coronial documents/transcript of hearing\n\nRule 78(3)\n\nAPPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/TRANSCRIPT OF HEARING\n\n*Organisation:\n\n*Agent [*please attach a signed authority from the senior next of kin or interested party*]\n\n*Relationship to deceased (if any):\n\n***Details of deceased:**\n\n***Details of fire:**\n\n**Details of documents sought:**\n\n**Category of request:**\n\nI am requesting the above documents as:\n\n*an interested party claiming to have sufficient interest in the document.\n\n*a statutory body for the purpose of exercising a statutory function.\n\n*a police officer for law enforcement purposes.\n\n*a person who is conducting research approved by an appropriate human research ethics committee [*attach supporting documents*].\n\n*the document is required for the public interest.\n\n*a person with a sufficient interest.\n\n**Form of access:**\n\n*I wish to inspect the document(s).\n\n*I require a copy of the document(s).\n\n**Confirmation**\n\nI confirm that the information I have provided in this form and supporting documents is true and correct to the best of my knowledge.\n\n**Acknowledgement**\n\nI 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.\n\nNOTE: 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*.*\n\nForm 46—Order for release of documents\n\nRule 78\n\nORDER FOR RELEASE OF DOCUMENTS\n\nI make the following order under section 115(3) of the **Coroners Act 2008**:\n\n1. That the following documents be provided to [*insert name of recipient*], *[*organisation*]/*legal representative of [*name of party*] ('the Recipient'):\n\n(a) [*list documents*]\n\n('the documents').\n\n2. That the documents be provided on the following conditions:\n\n(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');\n\n(b) *[*list conditions e.g. the Recipient must securely destroy the documents at the conclusion of the proceedings/investigation*].\n\n| Signature:<br>_____________________________________<br>[*NAME OF CORONER*]<br>[**STATE CORONER*/**DEPUTY STATE CORONER*/**CORONER*]<br>Date: |  |\n\nNOTE:  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.\n\nSection 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.\n\nUnder 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.\n\nDated: 15 October 2019\n\nCAITLIN ENGLISH,  \n*Acting State Coroner*\n\nPARESA ANTONIADIS SPANOS,  \n*Coroner*\n\nAUDREY GRAHAM JAMIESON,  \n*Coroner*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe 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.\n\nThe 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**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 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.  \nThis 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.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 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.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny 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).\n\n2 Table of Amendments\n\nThere are no amendments made to the Coroners Court Rules 2019 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Rule 4(a): S.R. No. 131/2009 as amended by S.R. Nos 117/2011, 119/2014 and 202/2014. [↑](#endnote-ref-2)\n\n2. Rule 4(b): S.R. No. 117/2011. [↑](#endnote-ref-3)\n\n3. Rule 4(c): S.R. No. 119/2014. [↑](#endnote-ref-4)\n\n4. Rule 4(d): S.R. No. 202/2014. [↑](#endnote-ref-5)","sortOrder":82}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":492},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing court procedures for coronial investigations. The 2019 rules consolidate and replace earlier versions without expanding into new substantive areas."},"complexity_factors":["46 prescribed forms with detailed completion requirements","Extensive cross-referencing to the Coroners Act 2008 and Open Courts Act 2013","Multiple categories of deaths (reportable, reviewable, non-reportable) with different procedural paths","Conditional timelines (e.g., 48-hour notice periods, 7-day response deadlines) with exceptions","Nested procedures for autopsies including objections, reconsiderations, and appeals","Dual pathways for fires (fire authority requests vs. public applications)","Integration with external bodies (Victorian Institute of Forensic Medicine)","Detailed witness expense calculations with tiered rates and eligibility conditions"],"plain_english_summary":"These are the procedural rules that govern how Victoria's Coroners Court operates. They set out the step-by-step processes for investigating deaths and fires, from the initial report through to final findings.\n\n**What the rules cover:**\n\n- **Reporting deaths** — Who must report deaths to the coroner, what information they must provide, and how medical practitioners must assist\n\n- **Investigations** — How coroners decide which deaths require full investigation, when bodies can be examined or identified, and when autopsies are ordered (including how families can object)\n\n- **Inquests** — When public hearings are held, who can participate, and how evidence is managed\n\n- **Powers and evidence** — Police search powers, when bodies can be exhumed, how documents are served on parties, and how seized items are stored and released\n\n- **Findings and recommendations** — How coroners record their conclusions, make recommendations to government, and publish results\n\n- **Family rights** — Special protections for senior next of kin, including notice of autopsies, rights to request or object to procedures, and access to information\n\n- **Practical matters** — Witness expenses, time limits for court documents, and 46 standardised forms for different applications and decisions\n\nThe rules work alongside the **Coroners Act 2008** and the **Open Courts Act 2013**, ensuring investigations are thorough while respecting privacy and procedural fairness."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available text, these rules appear to serve their stated purpose as procedural rules for the Coroners Court without evidence of scope creep beyond their original intent as administrative machinery for coronial proceedings."},"complexity_factors":["Procedural rules require understanding of the broader Coroners Act framework to fully interpret","Multiple categories of participants (families, lawyers, witnesses, institutions) with different rights and obligations","Intersection with other court rules and legislation (Evidence Act, privacy laws, Freedom of Information)","Emotionally sensitive context (death investigations) adds practical complexity for lay users navigating the rules","Limited source text provided — the document as supplied is largely a version history shell with minimal substantive rule content visible, limiting full analysis","Coronial jurisdiction has unique features distinct from civil or criminal courts, which can be unfamiliar to most people"],"plain_english_summary":"The Coroners Court Rules 2019 set the procedural framework for how Victoria’s Coroners Court conducts investigations and inquests into deaths and fires requiring official scrutiny. They govern who participates, how evidence and records are handled, and how hearings are run.\n\nThe rules directly affect bereaved families, witnesses, legal representatives, professionals who provide reports, and media seeking access — shaping participation, access to information, and ultimately the course and outcomes of investigations."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These Rules are procedural and administrative: they consolidate, modernise and standardise how the Coroners Court exercises the powers given by the Coroners Act 2008 without expanding the Court’s substantive jurisdiction. The instrument revokes prior Rules and replaces them with much more detailed forms, timeframes and electronic‑communication provisions (modernisation), and it formalises publication and document‑release practices (increasing transparency and administrative burden). Those are changes of mechanics and implementation, not an extension of the Coroners Court’s statutory scope."},"complexity_factors":["46 prescribed forms (Form 1–Form 46) setting out standardised templates and notices","11 Orders subdivided into Parts with many distinct topics (preliminary; time and documents; service; reporting; investigation; inquests; seizure; findings; registrars; allowances; access)","Extensive cross‑references to other statutes (Coroners Act 2008, Open Courts Act 2013, Interpretation of Legislation Act 1984, Subordinate Legislation Act 1994)","Multiple conditional timelines and short deadlines (e.g. 24 hours for written confirmation of autopsy objections, 48 hours for senior next of kin to seek reconsideration, 7 days for assistance to coroners, 14 days for publication notice)","Nested exceptions and discretionary carve‑outs (e.g. coroner may dispense with compliance (Rule 10); multiple bases for immediate autopsy despite next‑of‑kin objections (Forms 9–10))","Numerous procedural permutations (e.g. different procedures for reportable vs reviewable deaths, inquest vs no inquest, exhumation application/refusal/authorisation)","Detailed evidential and confidentiality rules (autopsy/identification reports are confidential unless ordered otherwise; release conditions for documents under Rule 78)","Prescribed fees/allowances and reimbursable rates for witnesses (Order 10 with hourly and daily maxima)","Rules about storage, access, release, destruction and conditions for seized items/samples with safety/public‑health exclusions (Rules 59–62)","Penalties and appeal pathways repeatedly signposted across forms (supression order penalties, numerous references to appeals to the Trial Division of the Supreme Court)"],"plain_english_summary":"**What these Rules do (mechanically)**\n\n- The Coroners Court Rules 2019 set out the practice and procedure for the Coroners Court of Victoria. They are made under section 105 of the Coroners Act 2008 and replace the earlier Coroners Court Rules 2009 and subsequent amendments (Rule 4).\n- The Rules prescribe how and when reports of death and requests for investigations or inquests are made (Orders 4, 5 and 6). They standardise the forms and the content of official decisions, directions and notices (Forms 1–46 throughout the instrument).\n- They fix procedural detail: timelines for service and filing (Orders 2 and 3), how to calculate time (Rule 11), modes of service (Rules 17–24), when documents may be treated as inappropriate (Rule 16), and when the Court may dispense with compliance (Rule 10).\n- They set specific processes for medical and forensic steps: preliminary examinations, identification procedures, autopsy directions and objections, preservation and release of tissue/samples, and referral to the Victorian Institute of Forensic Medicine (VIFM) (Rules 33–41 and Forms 9–15, 29–30).\n- They regulate investigatory powers exercised under the Coroners Act (authorisations to police to enter, search, seize and take samples, and exhumation procedures) and prescribe the forms and notice requirements for those powers (Rules 46–49 and Forms 18–23).\n- They govern inquests and hearings: who may apply to be an interested party, publication and closed-court orders, suppression orders, findings and the form of findings, and the processes for re-opening investigations or setting aside findings (Order 6, Order 8, Rules 52–56, 63–70 and Forms 26–44).\n- They set out how seized items and samples must be stored, accessed, released, destroyed or returned (Order 7, Rules 59–62 and Forms 34–36).\n- They prescribe administrative functions (registrars’ powers, Order 9), witness allowances and reimbursement rates (Order 10, Rules 72–77), and rules for access to coronial documents and transcripts (Order 11, Rule 78 and Forms 45–46).\n\n**Who is affected**\n\n- Coroners, the State Coroner and registrars (who exercise the Court’s procedural powers and use the prescribed forms).\n- Registered medical practitioners and medical investigators (obligations to report deaths, provide written medical depositions, perform autopsies/identification procedures, and advise on tissue preservation — Rules 25–26, 33–41).\n- Police and investigators (authorisations to enter, search and seize under Rule 46 and Forms 18–19).\n- Senior next of kin and other family members (rights to be informed, to object to autopsies, options about preserved tissue, and applicants for release of a body — Rules 32, 38–41, 50–51).\n- The Victorian Institute of Forensic Medicine (referral and consultation roles — Rules 29–31, 36–37).\n- Owners or applicants seeking access to seized items or coronial documents, media organisations (publication and suppression processes), and any person applying to be an interested party or to appeal coronial decisions.\n- Providers of services affected by Court directions (funeral directors, cemetery trusts, laboratories handling samples).\n\n**Why it matters (practical effects)**\n\n- The Rules convert many discretionary practices into spelled‑out procedures and standard forms. That reduces uncertainty about the paperwork the Court expects and the timelines people must meet (for example, medical depositions “as soon as practicable” after reporting — Rule 26; assistance to coroners required within 7 days — Rules 43–45).\n- They allocate decision‑making authority to coroners (e.g. whether to publish findings, to grant access to seized items, to authorise exhumation, or to direct autopsy conditions) and set the procedural steps that must be followed before and after those decisions (see Rules 36–41, 49, 60–62, 68–69).\n- They formalise interactions between the Court and external organisations (VIFM, police, cemetery trusts, Ministers and public statutory authorities) by specifying notice, referral and publication procedures (Rules 29–31, 46–49, 67–68).\n- The Rules balance open‑court and privacy/confidentiality mechanisms: publication of findings is the default (Rule 68) but suppression orders and closed court directions are provided for under the Open Courts Act (Rules 54–55, 66 and Forms 30, 42–42B). Breaches of suppression are criminally penalised (see notes to Forms 30 and 42).\n\n**Official purpose‑claim and a practical test of it**\n\n- The instrument states its object is “to provide for the practice and procedure of the Coroners Court of Victoria” (Rule 1). That is manifest: the Rules mostly prescribe procedural steps, standardise documents, and set timing and service rules.\n\nTest against costs, incentives and trade‑offs:\n\n- Compliance costs and administrative burden: the Rules create a substantial administrative workload for registrars, coroners and medical investigators (many prescribed forms, timelines for depositions and reports, publication duties and record‑keeping). Examples: standardized reporting content (Rule 25), written medical depositions “as soon as practicable” (Rule 26), and detailed autopsy/identification reporting requirements (Rules 33–37 and Forms 9–11, 35).\n- Concentrated benefits vs diffuse costs: coroners and Court staff receive concentrated procedural clarity (consistent forms and processes). Affected stakeholders — families, practitioners, and external agencies — face dispersed compliance tasks (documenting, responding in time, possible appeals) and emotional costs where orders affect bodies/tissue and publication (Rules 36–41, 68). These are procedural burdens rather than new substantive liabilities.\n- Bureaucratic discretion and legal uncertainty: the Rules consolidate discretion in coroners (for example, whether to publish findings or release documents/samples: Rules 68 and 78). That concentrates decision authority and shifts the key judgments from statute to judicial practice — increasing the importance of internal Court guidelines and consistent application by coroners.\n- Effects on private choice and enterprise: the Rules make it procedurally easier for the Court to require medical/investigative cooperation and to control physical evidence (Rules 39–46, 59–62). This can limit private options (e.g., timing of funerals, handling of tissue) where coronial control is exercised. The Rules also allow registrars to publish responses and findings online, which affects media and reputational considerations for institutions and individuals (Rules 67–69).\n- Appeals and opportunity costs: the Rules routinely note existing appeal rights to the Trial Division of the Supreme Court (see many Form notes: Forms 2, 11, 17, 21, 28–29, 37–39, 44). Those appeal paths impose potential legal costs and time delays on affected persons.\n- Implementation risks: the Rules assume reliable electronic communications (notably for provision of information and depositions — Rules 25–26, 32, 36). Reliance on email/website publication and on registrars to manage notification and release processes creates operational dependencies that, if under‑resourced, may cause delay or inconsistent practice.\n\n**Concrete behavioural changes the Rules cause**\n\n- Medical practitioners must provide written medical depositions promptly after reporting (Rule 26), increasing administrative work for doctors who report deaths.\n- Family members (senior next of kin) are given procedural rights and short deadlines to object to autopsies or suggest exhumation procedures, but coroners retain power to proceed in many circumstances (Rules 36–41, 47–49).\n- Police and investigators will be given formal coronial authorisations in prescribed form before using entry and seizure powers (Rule 46 and Forms 18–19), standardising how investigative powers are documented.\n- Registrars are required to publish notices and responses (e.g. inquests, recommendations and written agency responses) and to maintain online publication of findings subject to coroner directions (Rules 54, 67–69). This increases the Court’s administrative publication obligations and raises transparency.\n\n**Where the Rules materially change the mechanics (not the law)**\n\n- Modernisation: the Rules embrace electronic communication for reporting, notice and delivery of documents (Rules 15, 25–26, 32 and related Notes). They also set out explicit website publication duties for findings and agency responses (Rules 67–68).\n- Detailed administrative prescriptions: many matters that previously may have been ad hoc are now standardised into particular forms and discrete timelines (multiple Forms and procedural timelines across Orders 2–11).\n\n**Key cross‑references to watch**\n\n- Substantive powers remain in the Coroners Act 2008; these Rules mainly prescribe process under that Act (Rule 2). They also interact with the Open Courts Act 2013 for suppression/closed court orders and with the Interpretation of Legislation Act 1984 for definitions such as “electronic communication”.\n\n(References in this summary are to the Rules and Forms cited in the Coroners Court Rules 2019: e.g. Rules 1, 4, 10–11, 15, 17–24, 25–26, 33–41, 46–49, 52–56, 59–62, 63–70, 72–78, and Forms 1–46.)"}},"importantCases":[],"_links":{"self":"/api/acts/coroners-court-rules-2019","history":"/api/acts/coroners-court-rules-2019/history","analysis":"/api/acts/coroners-court-rules-2019/analysis","conflicts":"/api/acts/coroners-court-rules-2019/conflicts","importantCases":"/api/acts/coroners-court-rules-2019/important-cases","documents":"/api/acts/coroners-court-rules-2019/documents"}}