{"id":"victorian-institute-forensic-medicine-act-2024","name":"Victorian Institute of Forensic Medicine Act 2024","slug":"victorian-institute-of-forensic-medicine-act-2024","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177878,"registerId":"vic-victorian-institute-forensic-medicine-act-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Institute of Forensic Medicine Act 2024","content":"Authorised Version No. 001\n\n**Victorian Institute of Forensic Medicine Act 2024**\n\n**No. 34 of 2024**\n\nAuthorised Version as at  \n1 July 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\nDivision 1—Purposes, commencement and definitions 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\nDivision 2—Principles for the administration of this Act 5\n\n4 Persons to have regard to principles 5\n\nPart 2—Victorian Institute of Forensic Medicine 6\n\nDivision 1—Establishment of the Institute 6\n\n5 Victorian Institute of Forensic Medicine 6\n\n6 Official seal 6\n\n7 Institute represents the Crown 6\n\nDivision 2—Objects, functions and powers of the Institute 7\n\n8 Objects 7\n\n9 Functions of the Institute 7\n\n10 Powers 11\n\nDivision 3—Institute Board 12\n\n11 Board 12\n\n12 Functions of the Board 14\n\n13 Term of office 16\n\n14 Resignation 16\n\n15 Removal from office 16\n\n16 Remuneration 16\n\n17 Chairperson 17\n\n18 Acting chairperson 17\n\n19 Meetings 18\n\n20 Board must establish stakeholder advisory group 18\n\n21 Board may establish advisory groups and committees 19\n\n22 Board may engage consultants 19\n\n23 Delegation by Board 19\n\nDivision 4—Chief Executive Officer and Director of Forensic Medicine 19\n\n24 Chief Executive Officer 19\n\n25 Functions of Chief Executive Officer 20\n\n26 Director of Forensic Medicine 21\n\n27 Functions of Director of Forensic Medicine 22\n\n28 Delegation and sub-delegation by Chief Executive Officer 23\n\n29 Delegation and sub-delegation by Director of Forensic Medicine 23\n\nDivision 5—Staff and other employees 24\n\n30 Staff 24\n\n31 Other employees 24\n\nDivision 6—Use and disclosure of information by the Institute 25\n\n32 Use of information by the Institute for the purposes of conducting research 25\n\n33 Disclosure of information by the Institute to entities developing policy or conducting research 25\n\n34 Notification requirements 26\n\nPart 3—General 28\n\n35 Regulations 28\n\nPart 4—Repeal, savings and transitional provisions 30\n\nDivision 1—Repeal 30\n\n36 Repeal of Victorian Institute of Forensic Medicine Act 1985 30\n\nDivision 2—Savings and transitional provisions 30\n\n37 Definitions 30\n\n38 Application of Interpretation of Legislation Act 1984 30\n\n39 Victorian Institute of Forensic Medicine 30\n\n40 Victorian Institute of Forensic Medicine Council 31\n\n41 Director of the Institute 31\n\n42 Regulations dealing with transitional matters 31\n\nPart 5—Amendment of Acts 33\n\nDivision 1—Amendment of Births, Deaths and Marriages Registration Act 1996 33\n\n43 Definitions 33\n\n44 Registrar's general functions 33\n\nDivision 2—Amendment of Coroners Act 2008 33\n\n45 Purposes 33\n\n46 Definitions 33\n\n47 Reviewable deaths may be referred to the Institute 33\n\n48 Principal registrar to provide certain information to VIFM 33\n\n49 Members of the Council 34\n\nDivision 3—Amendment of Crimes Act 1958 34\n\n50 Voluntary samples given by police or VIFM personnel 34\n\n51 Destruction of samples given by police and VIFM personnel and storage of DNA information 34\n\nDivision 4—Amendment of Human Tissue Act 1982 35\n\n52 Disclosure of information 35\n\nDivision 5—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011 35\n\n53 Definitions 35\n\nDivision 6—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988 35\n\n54 Definitions 35\n\nDivision 7—Amendment of Public Administration Act 2004 36\n\n55 Persons with functions of public service body Head 36\n\nDivision 8—Amendment of Public Health and Wellbeing Act 2008 37\n\n56 Orders and authorisations for tests by senior medical officer 37\n\n57 Directions about orders or authorisations 37\n\nDivision 9—Amendment of Rail Safety National Law Application Act 2013 38\n\n58 Definitions 38\n\n59 Approval of person to take blood samples for the purposes of the Law and this Part 38\n\nDivision 10—Amendment of Road Safety Act 1986 38\n\n60 Definitions 38\n\nDivision 11—Repeal of this Part 39\n\n61 Repeal of this Part 39\n\n═════════════\n\nEndnotes 40\n\n1 General information 40\n\n2 Table of Amendments 42\n\n3 Explanatory details 43\n\n**Authorised Version No.** **001**\n\n**Victorian Institute of Forensic Medicine Act 2024**\n\n**No. 34 of 2024**\n\nAuthorised Version as at  \n1 July 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\nDivision 1—Purposes, commencement and definitions\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to establish the Victorian Institute of Forensic Medicine; and\n\n(b) to repeal the **Victorian Institute of Forensic Medicine Act 1985**; and\n\n(c) to consequentially amend other Acts.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2025, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***acting chairperson*** means the acting chairperson of the Board appointed under section 18;\n\n***Board*** means the Board of the Institute;\n\n***chairperson*** means the chairperson of the Board appointed under section 17;\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under the **Victoria Police Act 2013**;\n\n***Chief Executive Officer*** means the Chief Executive Officer employed under section 24;\n\n***child*** means a person under 18 years of age;\n\n***clinical forensic medicine services*** means services provided in carrying out, or in connection with carrying out, any type of medical or scientific investigation (including the provision of a report or expert evidence about the investigation) on, or in relation to, a living person;\n\n**Example**\n\nUndertaking a forensic medical examination of an alleged victim of physical or sexual assault.\n\n***coroner*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***corresponding law*** means a law relating to the donation of human tissue for transplantation or for use for other therapeutic purposes or for medical or scientific purposes that—\n\n(a) substantially corresponds to the **Human Tissue Act 1982**; or\n\n(b) is prescribed for the purposes of this definition;\n\n***death*** includes suspected death;\n\n***Department*** means the Department of Justice and Community Safety;\n\n***Director of Forensic Medicine*** means the Director of Forensic Medicine appointed under section 26;\n\n***forensic medical investigation*** means a medical or scientific investigation (including the provision of a report or expert evidence about the investigation) carried out for the purposes of determining—\n\n(a) the identity of a deceased person; or\n\n(b) the medical circumstances of a person's death; or\n\n(c) the cause of a person's death;\n\n***forensic scientific services*** means—\n\n(a) services provided in carrying out, or in connection with carrying out, any type of scientific analysis or reporting for purposes consistent with the objects of the Institute; or\n\n**Example**\n\nToxicological analysis of a blood sample taken to determine a driver's blood alcohol content.\n\n(b) operating a mortuary and providing mortuary technical services;\n\n***forensic services*** means the following—\n\n(a) forensic medical investigations;\n\n(b) clinical forensic medicine services;\n\n(c) forensic scientific services;\n\n***health service provider*** has the same meaning as in section 3(1) of the **Health Records Act 2001**;\n\n***human tissue*** has the same meaning as ***tissue*** has in section 3(1) of the **Human Tissue Act 1982**;\n\n***human tissue services*** means—\n\n(a) the removal, receipt, processing, storage or supply of human tissue; and\n\n(b) any other service provided in connection with the removal, receipt, processing, storage or supply of human tissue;\n\n***Institute*** means the Victorian Institute of Forensic Medicine established by section 5;\n\n***medical examination*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***mortuary technical services*** means services provided in connection with the operation of a mortuary and the management of the body of a deceased person and includes—\n\n(a) the receipt, admission, storage and release of the body of the deceased person; and\n\n(b) the preparation and management of the body of the deceased person for—\n\n(i) preliminary examination; and\n\n(ii) autopsy; and\n\n(iii) viewing by the senior next of kin or family of the deceased person;\n\n***parent*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***reportable death*** has the meaning given by section 4 of the **Coroners Act 2008**;\n\n***reviewable death*** has the meaning given by section 5 of the **Coroners Act 2008**;\n\n***Secretary*** means the Secretary to the Department;\n\n***senior next of kin*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***sibling*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***State Coroner*** has the same meaning as in section 3(1) of the **Coroners Act 2008**;\n\n***transplantation*** has the same meaning as in section 3(2) of the **Human Tissue Act 1982**.\n\nDivision 2—Principles for the administration of this Act\n\n\t4 Persons to have regard to principles\n\nIn performing a function or exercising a power under this Act, a person should have regard, as far as possible in the circumstances, to the importance of the following—\n\n(a) meeting professional standards relating to scientific integrity and ethics;\n\n(b) pursuing benefits to the community and to the justice system;\n\n(c) recognising the significant nature of the events to which the Institute's services relate and the need to be sensitive and responsive to persons affected by those events;\n\n(d) promoting public health and safety;\n\n(e) promoting the administration of justice;\n\n(f) respecting the cultural beliefs of persons affected by the events to which the Institute's services relate;\n\n(g) recognising the diverse needs of Aboriginal communities, including the importance of self-determination and connection to culture, family, community and Country.\n\nPart 2—Victorian Institute of Forensic Medicine\n\nDivision 1—Establishment of the Institute\n\n\t5 Victorian Institute of Forensic Medicine\n\n(1) The Victorian Institute of Forensic Medicine is established.\n\n**Note**\n\nSee also section 39.\n\n(2) The Institute—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has an official seal; and\n\n(c) may sue and be sued; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n\t6 Official seal\n\n(1) The official seal of the Institute—\n\n(a) must be kept in custody as directed by the Institute; and\n\n(b) must not be used except as authorised by the Institute.\n\n(2) All courts must take judicial notice of the official seal of the Institute affixed to a document and, until the contrary is proved, presume that it was duly affixed.\n\n\t7 Institute represents the Crown\n\nIn performing its functions and exercising its powers, the Institute represents the Crown.\n\nDivision 2—Objects, functions and powers of the Institute\n\n\t8 Objects\n\nThe objects of the Institute are as follows—\n\n(a) to provide or assist in the provision of forensic services and human tissue services;\n\n(b) as far as is practicable, to oversee and coordinate the provision of forensic services in Victoria;\n\n(c) to assist the Coroners Court with its functions under the **Coroners Act 2008**;\n\n(d) to contribute to public health and safety and the administration of justice;\n\n(e) to contribute to reducing the number of preventable deaths;\n\n(f) to contribute to the development of knowledge and practice, and to innovation, in the provision of forensic services and human tissue services by conducting research, supporting the research of other entities and providing and assisting in the provision of teaching and training.\n\n\t9 Functions of the Institute\n\n(1) The Institute has the following functions—\n\n(a) to conduct—\n\n(i) medical examinations at the direction of a coroner or otherwise in accordance with the **Coroners Act 2008**; and\n\n(ii) forensic medical investigations in respect of deaths other than reportable deaths, for purposes consistent with the objects of the Institute;\n\n(b) to receive reports of reportable deaths and reviewable deaths for referral to coroners or the State Coroner (as appropriate) under Part 3 of the **Coroners Act 2008**;\n\n(c) on behalf of a coroner, to receive under Division 2 of Part 4 of the **Coroners Act 2008** requests for investigations into fires and to refer those requests to a coroner;\n\n(d) to take possession of bodies, and where possession of a body is taken on behalf of a coroner, to provide for the release of the body following an order made by a coroner under section 47 of the **Coroners Act 2008**;\n\n(e) on behalf of a coroner, to request and receive information, including from family members of deceased persons, to assist coroners and the principal registrar of the Coroners Court with their functions under the **Coroners Act 2008**;\n\n(f) to provide assistance and guidance in relation to whether a death is a reportable death or a reviewable death to a person who has an obligation to report deaths under Part 3 of the **Coroners Act 2008**;\n\n(g) to provide information about the coronial process (whether during the process or after its completion) to, and to discuss that process with, the senior next of kin and family members of a deceased person or to explain to the senior next of kin and family members of a deceased person any forensic medical investigation that is performed on or in relation to the deceased person;\n\n(h) to investigate, assess and initiate responses in respect of the health of a parent, or the health or safety of a living sibling, of a deceased child whose death is a reviewable death;\n\n(i) to assist the principal registrar of the Coroners Court to provide any information prescribed for the purposes of section 21 of the **Coroners Act 2008** as required by that section;\n\n(j) to request and receive ante-mortem specimens from hospitals and other entities for the purposes of forensic medical investigations;\n\n(k) to provide clinical forensic medicine services to Victoria Police and other entities;\n\n(l) to provide forensic scientific services to the following—\n\n(i) the Coroners Court to assist coroners with their functions under the **Coroners Act 2008**;\n\n(ii) the State;\n\n(iii) Victoria Police and other public entities;\n\n(iv) entities established by or under legislation of another State or a Territory or the Commonwealth;\n\n(v) private entities;\n\n(m) to carry out the following actions in relation to human tissue—\n\n(i) to receive human tissue taken in accordance with the **Human Tissue Act 1982** (whether under Part X of that Act or otherwise) from living persons in Victoria;\n\n(ii) to receive human tissue taken in accordance with the **Human Tissue Act 1982** from deceased persons in Victoria;\n\n(iii) to remove human tissue in accordance with the **Human Tissue Act 1982** from deceased persons in Victoria;\n\n(iv) to remove human tissue, or receive human tissue taken, in accordance with a corresponding law of another State or a Territory;\n\n(v) to receive human tissue taken in accordance with a corresponding law of a country other than Australia;\n\n(vi) to process, store and supply human tissue referred to in subparagraph (i), (ii), (iii), (iv) or (v)—\n\n(A) for transplantation to living persons in Victoria or elsewhere; or\n\n(B) for use, in Victoria or elsewhere, for other therapeutic purposes or for medical or scientific purposes;\n\n(n) to provide teaching and training for purposes consistent with the objects of the Institute;\n\n(o) to conduct research for purposes consistent with the objects of the Institute;\n\n(p) to support other entities in developing policy or conducting research for purposes consistent with the objects of the Institute;\n\n(q) any other function conferred on the Institute by or under this Act or any other Act.\n\n(2) The Institute must keep records of the results of medical examinations and forensic medical investigations conducted in performing its function under subsection (1)(a).\n\n(3) The performance of the function specified in subsection (1)(h) is concluded when the Institute has completed its investigation and assessment and initiated responses.\n\n\t10 Powers\n\n(1) The Institute may do all things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its functions.\n\n(2) Without limiting subsection (1), for the purposes of performing its functions under section 9(1*)*(a) to (n) and (q), the Institute has power to—\n\n(a) enter into agreements for services provided by the Institute; and\n\n(b) impose fees and charges for the provision of services by the Institute; and\n\n(c) collect, use and disclose information it holds about an individual.\n\n(3) Without limiting subsection (1), for the purposes of performing its function under section 9(1)(h), the Institute has power to—\n\n(a) advise the State Coroner as to whether a reviewable death requires further investigation; and\n\n(b) consult the family of the deceased child and other persons, including a health service provider, to assess the family's need for health and support services; and\n\n(c) refer the family of the deceased child to health and support services; and\n\n(d) assess whether a report under section 183 of the **Children, Youth and Families Act 2005** should be made in respect of any living sibling of the deceased child; and\n\n(e) make a report under section 183 of the **Children, Youth and Families Act 2005** in respect of any living sibling of the deceased child; and\n\n(f) advise the State Coroner that the Institute has made a report under section 183 of the **Children, Youth and Families Act 2005** in respect of any living sibling of the deceased child.\n\n(4) Without limiting subsection (1), for the purposes of performing its functions under section 9(1)(o) and (p), the Institute has power to—\n\n(a) enter into agreements for services provided by the Institute; and\n\n(b) impose fees and charges for the provision of services by the Institute.\n\n**Note**\n\nSee also Division 6 which provides for the Institute's power to use and disclose information it holds about an individual.\n\n(5) Despite any other Act or law, a person to whom a request for information is made by the Institute in performing a function or exercising a power referred to in subsection (2) or (3) is authorised by this section to provide the information requested.\n\nDivision 3—Institute Board\n\n\t11 Board\n\n(1) The Institute must have a governing body called the Board.\n\n(2) The Board—\n\n(a) is responsible for the governance of the Institute; and\n\n(b) may exercise the powers of the Institute.\n\n(3) The Board consists of—\n\n(a) a chairperson; and\n\n(b) not fewer than 6, and not more than 8, other members.\n\n(4) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.\n\n(5) The members of the Board must be appointed by the Governor in Council on the recommendation of the Attorney-General.\n\n(6) In making a recommendation to the Governor in Council, the Attorney-General must be satisfied that—\n\n(a) each person who is recommended has appropriate knowledge, skills and experience in one or more of the following—\n\n(i) a field of forensic medicine or a relevant field of science;\n\n(ii) commercial, operational, legal or financial matters;\n\n(iii) clinical governance;\n\n(iv) the criminal justice system;\n\n(v) any other field relevant to the functions of the Board; and\n\n(b) at least one member of the Board has financial expertise to ensure that the Institute's financial management obligations under the **Financial Management Act 1994** are met.\n\n(7) In making a recommendation to the Governor in Council, the Attorney-General may have regard to the degree to which the knowledge, skills and experience specified in subsection (6) are collectively held by any existing members of the Board.\n\n(8) The State Coroner and the Chief Executive Officer are not eligible to be appointed to the Board.\n\n\t12 Functions of the Board\n\nThe Board has the following functions—\n\n(a) in relation to clinical governance—\n\n(i) to promote a culture of quality, accountability, learning and innovation; and\n\n(ii) to monitor and improve the reliability of forensic services and human tissue services; and\n\n(iii) to ensure that robust quality management systems are in place and that any problems identified with the quality of forensic services and human tissue services are addressed in a timely manner;\n\n(b) in relation to corporate governance—\n\n(i) to set the strategic direction of the Institute; and\n\n(ii) to approve and monitor compliance with organisational plans and frameworks (including strategic and annual corporate plans), statements of priorities and clinical governance frameworks; and\n\n(iii) to approve and monitor performance against financial and business plans so as to ensure the efficient provision of all services, the efficient management of public resources and the long-term financial viability of the Institute; and\n\n(iv) to make recommendations to the chairperson about the employment of the Chief Executive Officer and to monitor and annually review the Officer's performance; and\n\n(v) to make recommendations to the Institute about the appointment of the Director of Forensic Medicine and to monitor and annually review the Director's performance; and\n\n(vi) to endorse an annual report on the Institute's operations and finances for the purposes of Part 7 of the **Financial Management Act 1994**; and\n\n(vii) to report regularly to the  \nAttorney-General on any emerging or actual performance concerns, performance against agreed standards and any other information as requested by the Attorney-General; and\n\n(viii) to ensure that the Institute is effectively managed and that its services are well designed, fit for purpose and meet relevant industry standards; and\n\n(ix) to build and maintain relationships with the academic community and relevant stakeholders so as to promote excellence in teaching, training and research and ensure continuous improvement and innovation.\n\n\t13 Term of office\n\n(1) A member of the Board—\n\n(a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and\n\n(b) subject to subsection (2), is eligible for reappointment.\n\n(2) A member of the Board may not hold office for more than three consecutive terms.\n\n\t14 Resignation\n\nA member of the Board may resign from the office of member by written notice given to the Governor in Council, the Attorney-General and the Board.\n\n\t15 Removal from office\n\nThe Governor in Council, on the recommendation of the Attorney-General, may remove a member of the Board from office if the member—\n\n(a) becomes unable, for any reason, to perform the duties of the member's office; or\n\n(b) is convicted or found guilty of an indictable offence; or\n\n(c) becomes insolvent under administration; or\n\n(d) is absent from three consecutive meetings of the Board without the approval of the Board.\n\n\t16 Remuneration\n\nA member of the Board is entitled to be paid any remuneration and any travelling and other allowances determined by the Governor in Council and specified in the instrument of appointment.\n\n\t17 Chairperson\n\n(1) The Governor in Council, on the recommendation of the Attorney-General, must appoint a member of the Board as the chairperson of the Board.\n\n(2) The chairperson—\n\n(a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and\n\n(b) subject to subsection (3), is eligible for reappointment.\n\n(3) The chairperson may not hold office as chairperson for more than three consecutive terms.\n\n(4) The chairperson may resign from the office of chairperson by written notice given to the Governor in Council, the Attorney-General and the Board.\n\n\t18 Acting chairperson\n\n(1) The Governor in Council, on the recommendation of the Attorney-General, must appoint one of the members of the Board to act as chairperson—\n\n(a) during a vacancy in the office of chairperson; or\n\n(b) during any period when the chairperson is absent or temporarily unable to perform the duties of the chairperson's office.\n\n  (2) A member appointed under subsection (1)—\n\n  (a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and\n\n  (b) may not be reappointed unless the  \nAttorney-General recommends the reappointment.\n\n(3) While acting as chairperson, a member of the Board has all the powers and must perform all the functions of the office of chairperson.\n\n\t19 Meetings\n\n(1) At a meeting of the Board—\n\n(a) if the chairperson is present, the chairperson is to preside; or\n\n(b) if the chairperson is absent, the acting chairperson is to preside; or\n\n(c) if both the chairperson and the acting chairperson are absent, a member elected by the members at the meeting is to preside.\n\n(2) The Board may regulate its own procedure.\n\n(3) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting on the question.\n\n(4) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a second or casting vote.\n\n\t20 Board must establish stakeholder advisory group\n\n(1) The Board must establish an advisory group, which includes stakeholders relevant to one or more of the following, to assist the Board in its decision-making and the performance of its functions—\n\n(a) the principles for the administration of this Act set out in Division 2 of Part 1;\n\n(b) the Institute's objects;\n\n(c) the Institute's functions.\n\n(2) The stakeholder advisory group may regulate its own procedure.\n\n\t21 Board may establish advisory groups and committees\n\n(1) The Board may establish any advisory group or committee it considers appropriate to support the performance of any of its functions.\n\n(2) Any person may be appointed to an advisory group or committee whether or not that person is a member of the Board.\n\n(3) An advisory group or committee may regulate its own procedure.\n\n\t22 Board may engage consultants\n\nThe Board may engage any consultant required to assist the Board in performing its functions.\n\n\t23 Delegation by Board\n\n(1) The Board may delegate to the Chief Executive Officer any of its functions or powers under this Act.\n\n(2) A delegation under this section must be in writing.\n\n**Note**\n\nSee also section 42A of the **Interpretation of Legislation Act 1984**.\n\nDivision 4—Chief Executive Officer and Director of Forensic Medicine\n\n\t24 Chief Executive Officer\n\n(1) The chairperson, on the recommendation of the Board, must employ a person as Chief Executive Officer of the Institute.\n\n(2) In making a recommendation for the purposes of subsection (1), the Board must be satisfied that the person who is recommended has the appropriate knowledge, skills and experience to perform the functions of, and exercise the powers of, the Chief Executive Officer.\n\n(3) The Chief Executive Officer is to be employed as an executive within the meaning of the **Public Administration Act 2004**.\n\n(4) A Chief Executive Officer—\n\n(a) holds office for the period (not exceeding five years) specified in the contract of employment; and\n\n(b) is eligible for reappointment.\n\n(5) If a person is employed as Chief Executive Officer and appointed as Director of Forensic Medicine for the same period, the person is entitled to be paid for either but not both roles.\n\n(6) The Chief Executive Officer is accountable to the Board for the Institute's performance.\n\n\t25 Functions of Chief Executive Officer\n\nThe Chief Executive Officer has the following functions—\n\n(a) to manage the day-to-day operations of the Institute on behalf of the Board;\n\n(b) to prepare material for consideration by the Board, including a strategic plan and a statement of priorities;\n\n(c) to ensure the efficient and effective use of the Institute's resources;\n\n(d) to implement service development and planning strategies, including effective and accountable systems to monitor and improve the services provided by the Institute;\n\n(e) to ensure that any problems relating to the quality, safety or effectiveness of services provided by the Institute are addressed in a timely manner;\n\n(f) to ensure that the Institute continuously strives to improve the quality of the services it provides, and to promote innovation;\n\n(g) to manage the Institute in accordance with the governance frameworks, financial and business plans, strategies and budgets endorsed by the Board;\n\n(h) to provide the Board with operational updates and key performance information;\n\n(i) to inform the Board, the Attorney-General and the Secretary in a timely manner of any issues of public concern or risks that affect or may affect the Institute;\n\n(j) to perform any function delegated to the Chief Executive Officer by the Board.\n\n\t26 Director of Forensic Medicine\n\n(1) The Institute, on the recommendation of the Board, must appoint a person as Director of Forensic Medicine of the Institute.\n\n(2) Before appointing a person under subsection (1), the Institute must be satisfied that the person—\n\n(a) has expertise in science and forensic medicine including pathology; and\n\n(b) either—\n\n(i) holds office as a senior academic in forensic medicine at a Victorian university; or\n\n(ii) will hold office as a senior academic in forensic medicine at a Victorian university—\n\nfor the duration of the person's appointment under subsection (1).\n\n(3) The Director of Forensic Medicine—\n\n(a) holds office for the period (not exceeding five years) specified in the instrument of appointment; and\n\n(b) is eligible for reappointment.\n\n(4) If a person is appointed as Director of Forensic Medicine and employed as Chief Executive Officer for the same period, the person is entitled to be paid remuneration for either but not both roles.\n\n\t27 Functions of Director of Forensic Medicine\n\nThe Director of Forensic Medicine has the following functions—\n\n(a) to advise the Chief Executive Officer on forensic services and human tissue services and matters relating to forensic services and human tissue services; and\n\n(b) to advise the Chief Executive Officer on clinical governance and matters relating to clinical governance; and\n\n(c) to maintain the Institute's clinical governance framework; and\n\n(d) to supervise research conducted by the Institute; and\n\n(e) to supervise teaching and training provided by the Institute; and\n\n(f) to perform any function delegated to the Director by the Chief Executive Officer.\n\n\t28 Delegation and sub-delegation by Chief Executive Officer\n\n(1) Subject to subsection (2), the Chief Executive Officer may delegate to any employee under section 30 or 31 any of the Chief Executive Officer's functions or powers under this Act.\n\n(2) Despite any delegation under this section, the Chief Executive Officer is accountable to the Board for the performance of the Chief Executive Officer's functions and the exercise of the Chief Executive Officer's powers by a delegate.\n\n(3) The Chief Executive Officer may delegate to any employee under section 30 or 31 any function or power delegated to the Chief Executive Officer under section 23.\n\n(4) A delegation or sub-delegation under this section must be in writing.\n\n(5) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation authorised by this section in the same way as those sections apply to a delegation.\n\n\t29 Delegation and sub-delegation by Director of Forensic Medicine\n\n(1) Subject to subsection (2), the Director of Forensic Medicine may delegate to any employee under section 30 or 31 any of the Director's functions or powers under this Act.\n\n(2) Despite any delegation under this section, the Director of Forensic Medicine is accountable to the Board for the performance of the Director's functions and the exercise of the Director's powers by a delegate.\n\n(3) The Director of Forensic Medicine may delegate to any employee under section 30 or 31 any function or power delegated to the Director under section 28.\n\n(4) A delegation or sub-delegation under this section must be in writing.\n\n(5) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation authorised by this section in the same way as those sections apply to a delegation.\n\nDivision 5—Staff and other employees\n\n\t30 Staff\n\nThere may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary to enable the Institute to perform its functions.\n\n\t31 Other employees\n\n(1) The Institute may employ any person that is necessary to enable the Institute to perform its functions.\n\n(2) A person employed by the Institute under subsection (1) who, immediately before employment, was an officer within the meaning of the **State Superannuation Act 1988** continues, subject to that Act, to be such an officer while an employee of the Institute.\n\nDivision 6—Use and disclosure of information by the Institute\n\n\t32 Use of information by the Institute for the purposes of conducting research\n\nWithout limiting section 10(1), for the purposes of performing its function under section 9(1)(o), the Institute has power to use any information the Institute holds about an individual if—\n\n(a) the Institute complies with section 34 in respect of the information; and\n\n(b) having regard to the advice (if any) provided to the Institute in accordance with section 34, the use is not likely to prejudice—\n\n(i) an investigation under Part 4 of the **Coroners Act 2008**; or\n\n(ii) a criminal investigation; or\n\n(iii) a criminal proceeding that has been or may be commenced.\n\n\t33 Disclosure of information by the Institute to entities developing policy or conducting research\n\nWithout limiting section 10(1), for the purposes of performing its function under section 9(1)(p), the Institute has power to disclose any information the Institute holds about an individual to an entity developing policy or conducting research for purposes consistent with the objects of the Institute if—\n\n(a) the Institute complies with section 34 in respect of the information; and\n\n(b) having regard to the advice (if any) provided to the Institute in accordance with section 34, the disclosure is not likely to prejudice—\n\n(i) an investigation under Part 4 of the **Coroners Act 2008**; or\n\n(ii) a criminal investigation; or\n\n(iii) a criminal proceeding that has been or may be commenced; and\n\n(c) the Institute enters into a written agreement with the entity that—\n\n(i) limits the entity's use of the information to the purposes specified in the agreement, being purposes consistent with the Institute's objects; and\n\n(ii) provides that the entity's use of the information must not be likely to prejudice—\n\n(A) an investigation under Part 4 of the **Coroners Act 2008**; or\n\n(B) a criminal investigation; or\n\n(C) a criminal proceeding that has been or may be commenced.\n\n\t34 Notification requirements\n\n(1) Before using any information under section 32, or disclosing any information under section 33, the Institute must—\n\n(a) if the information relates to an investigation under Part 4 of the **Coroners Act 2008**—\n\n(i) notify the State Coroner of the proposed use or disclosure; and\n\n(ii) allow the State Coroner an opportunity to advise the Institute if the State Coroner reasonably considers that the proposed use or disclosure is likely to prejudice the investigation under Part 4 of the **Coroners Act 2008**; or\n\n(b) if the information relates to a criminal investigation or a criminal proceeding that has been or may be commenced—\n\n(i) notify the Chief Commissioner of Police of the proposed use or disclosure; and\n\n(ii) allow the Chief Commissioner of Police an opportunity to advise the Institute if the Chief Commissioner reasonably considers that the proposed use or disclosure is likely to prejudice the criminal investigation or the criminal proceeding that has been or may be commenced.\n\n(2) Notification by the Institute must—\n\n(a) be in writing; and\n\n(b) include a description of—\n\n(i) the information that is to be used or disclosed; and\n\n(ii) the purpose of the use or disclosure; and\n\n(iii) in the case of a proposed disclosure, the entity to which it is proposed to disclose the information.\n\n(3) Any advice from the State Coroner or the Chief Commissioner of Police to the Institute about a proposed use or disclosure of information must be received by the Institute within 21 days after the Institute notifies the State Coroner or Chief Commissioner of the proposed use or disclosure.\n\nPart 3—General\n\n\t35 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) forms for the purposes of this Act;\n\n(b) the manner in which a function of the Institute is to be performed;\n\n(c) clinical standards and requirements applying to the performance of the functions of the Institute;\n\n(d) clinical processes to be followed by persons undertaking clinical work on behalf of the Institute;\n\n(e) anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person;\n\n(d) apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—\n\n(i) without modification or as modified by the regulations; or\n\n(ii) as formulated or published on or before the date on which the regulations are made; or\n\n(iii) as formulated or published from time to time.\n\nPart 4—Repeal, savings and transitional provisions\n\nDivision 1—Repeal\n\n\t36 Repeal of Victorian Institute of Forensic Medicine Act 1985\n\nThe **Victorian Institute of Forensic Medicine Act 1985** is **repealed**.\n\nDivision 2—Savings and transitional provisions\n\n\t37 Definitions\n\nIn this Division—\n\n***commencement day*** means the day on which the new Act comes into operation;\n\n***new Act*** means this Act;\n\n***old Act*** means the **Victorian Institute of Forensic Medicine Act 1985**.\n\n\t38 Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, this Division and any regulations made under this Division do not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n\t39 Victorian Institute of Forensic Medicine\n\nOn and after the commencement day, the Victorian Institute of Forensic Medicine established by the old Act  and in existence immediately before that day is taken to be the Victorian Institute of Forensic Medicine established by the new Act.\n\n\t40 Victorian Institute of Forensic Medicine Council\n\nOn the commencement day, the Victorian Institute of Forensic Medicine Council established by section 67 of the old Act is abolished and its members go out of office.\n\n\t41 Director of the Institute\n\n(1) On the commencement day, the office of Director of the Institute under section 68 of the old Act is abolished and the Director goes out of office.\n\n(2) A reference to the Director of the Institute under section 68 of the old Act in any Act, subordinate instrument or other document prepared or made under or for the purposes of any Act, must be construed as a reference to the Chief Executive Officer—\n\n(a) to the extent that the reference relates to any period on or after the commencement day; and\n\n(b) if not inconsistent with the subject matter.\n\n\t42 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or matters or a class of person or matter from any of the regulations made under this section.\n\n(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\nPart 5—Amendment of Acts\n\nDivision 1—Amendment of Births, Deaths and Marriages Registration Act 1996\n\n\t43 Definitions\n\nIn section 4(1) of the **Births, Deaths and Marriages Registration Act 1996**, in the definition of ***Institute***—\n\n(a) **omit** \"(1)\";\n\n(b) for \"**1985**\" **substitute** \"**2024**\".\n\n\t44 Registrar's general functions\n\nIn section 6(ba) of the **Births, Deaths and Marriages Registration Act 1996**, for \"**1985**\" **substitute** \"**2024**\".\n\nDivision 2—Amendment of Coroners Act 2008\n\n\t45 Purposes\n\nSection 1(f) of the **Coroners Act 2008** is **repealed**.\n\n\t46 Definitions\n\nIn section 3(1) of the **Coroners Act 2008**, in the definition of ***Institute***, for \"**1985**\" **substitute** \"**2024**\".\n\n\t47 Reviewable deaths may be referred to the Institute\n\nIn section 18(1) and (2)(b) of the **Coroners Act 2008**, for \"**1985**\" **substitute** \"**2024**\".\n\n\t48 Principal registrar to provide certain information to VIFM\n\n(1) In section 29A of the **Coroners Act 2008**—\n\n(a) for \"section 66(4)(b)\" **substitute** \"section 9(1)(m)(ii), (iii) and (vi)\";\n\n(b) for \"**1985**\" **substitute** \"**2024**\".\n\n(2) In the note at the foot of section 29A of the **Coroners Act 2008**—\n\n(a) for \"Section 66(4)(b)\" **substitute** \"Section 9(1)(m)(ii), (iii) and (vi)\";\n\n(b) for \"**1985**\" **substitute** \"**2024**\";\n\n(c) for \"provides that one of the functions of the Institute is\" **substitute** \"confer functions on the Institute\".\n\n\t49 Members of the Council\n\nIn section 111(1)(b) of the **Coroners Act 2008**, for \"Director\" **substitute** \"Chief Executive Officer\".\n\nDivision 3—Amendment of Crimes Act 1958\n\n\t50 Voluntary samples given by police or VIFM personnel\n\n(1) In section 464ZGFA(1) of the **Crimes Act 1958**, in the definition of ***Institute***, for \"**1985**\" **substitute** \"**2024**\".\n\n(2) For section 464ZGFA(2)(b) of the **Crimes Act 1958** **substitute**—\n\n\"(b) the Chief Executive Officer of the Institute or a person employed under section 30 or 31 of the **Victorian Institute of Forensic Medicine Act 2024**;\".\n\n\t51 Destruction of samples given by police and VIFM personnel and storage of DNA information\n\n(1) In section 464ZGFB(2) of the **Crimes Act 1958**, for \"Director\" **substitute** \"Chief Executive Officer\".\n\n(2) In section 464ZGFB(4) of the **Crimes Act 1958**—\n\n(a) in paragraph (c), for \"Director\" (where twice occurring) **substitute** \"Chief Executive Officer\";\n\n(b) in paragraphs (d) and (e), for \"Director\" **substitute** \"Chief Executive Officer\".\n\nDivision 4—Amendment of Human Tissue Act 1982\n\n\t52 Disclosure of information\n\nIn section 45(5)(c) of the **Human Tissue Act 1982**—\n\n(a) for \"Part 9\" **substitute** \"Part 2\";\n\n(b) for \"**1985**\" **substitute** \"**2024**\".\n\nDivision 5—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011\n\n\t53 Definitions\n\nIn section 3(2) of the **Independent Broad-based Anti-corruption Commission Act 2011**—\n\n(a) for \"Director\" (where twice occurring) **substitute** \"Chief Executive Officer\";\n\n(b) for \"**1985**\" **substitute** \"**2024**\".\n\nDivision 6—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988\n\n\t54 Definitions\n\n(1) In section 3(1) of the **Marine (Drug, Alcohol and Pollution Control) Act 1988** the definition of ***Director of the Victorian Institute of Forensic Medicine*** is **repealed**.\n\n(2) In section 3(1) of the **Marine (Drug, Alcohol and Pollution Control) Act 1988 insert** the following definition—\n\n\"***Chief Executive Officer of the Victorian Institute of Forensic Medicine*** means the Chief Executive Officer within the meaning of the **Victorian Institute of Forensic Medicine Act 2024**;\".\n\n(3) In section 3(4) of the **Marine (Drug, Alcohol and Pollution Control) Act 1988**, for \"Director\" (where twice occurring) **substitute** \"Chief Executive Officer\".\n\nDivision 7—Amendment of Public Administration Act 2004\n\n\t55 Persons with functions of public service body Head\n\n(1) In section 16(1)(o) of the **Public Administration Act 2004**, for \"Commission.\" **substitute** \"Commission;\".\n\n(2) After section 16(1)(o) of the **Public Administration Act 2004** **insert**—\n\n\"(p) the chairperson within the meaning of the **Victorian Institute of Forensic Medicine Act 2024** in relation to the Victorian Institute of Forensic Medicine.\".\n\nDivision 8—Amendment of Public Health and Wellbeing Act 2008\n\n\t56 Orders and authorisations for tests by senior medical officer\n\nIn section 137(2) of the **Public Health and Wellbeing Act 2008**—\n\n(a) for paragraph (a) **substitute**—\n\n\"(a) the Director of Forensic Medicine within the meaning of the **Victorian Institute of Forensic Medicine Act 2024** is a senior medical officer; and\";\n\n(b) in paragraph (b), for \"the Director of the Victorian Institute of Forensic Medicine may authorise a senior medical officer employed or engaged by the Victorian Institute of Forensic Medicine\" **substitute** \"the Director of Forensic Medicine of the Victorian Institute of Forensic Medicine may authorise a senior medical officer employed under section 30 or 31 of the **Victorian Institute of Forensic Medicine Act 2024**\".\n\n\t57 Directions about orders or authorisations\n\nIn section 141 of the **Public Health and Wellbeing Act 2008**—\n\n(a) in subsection (1), for \"Director\" (wherever occurring) **substitute** \"Chief Executive Officer\";\n\n(b) in subsection (2), for \"Director\" **substitute** \"Chief Executive Officer\".\n\nDivision 9—Amendment of Rail Safety National Law Application Act 2013\n\n\t58 Definitions\n\nIn section 48A of the **Rail Safety National Law Application Act 2013**, for the definition of ***Victorian Institute of Forensic Medicine Director* substitute**—\n\n\"***Victorian Institute of Forensic Medicine Chief Executive Officer*** means the Chief Executive Officer within the meaning of the **Victorian Institute of Forensic Medicine Act 2024**.\".\n\n\t59 Approval of person to take blood samples for the purposes of the Law and this Part\n\nIn section 48B of the **Rail Safety National Law Application Act 2013**, for \"Director\" (where twice occurring) **substitute** \"Chief Executive Officer\".\n\nDivision 10—Amendment of Road Safety Act 1986\n\n\t60 Definitions\n\n(1) In section 3(1) of the **Road Safety Act 1986** the definition of ***Director of the Victorian Institute of Forensic Medicine*** is **repealed**.\n\n(2) In section 3(1) of the **Road Safety Act 1986** **insert** the following definition—\n\n\"***Chief Executive Officer of the Victorian Institute of Forensic Medicine*** means the Chief Executive Officer within the meaning of the **Victorian Institute of Forensic Medicine Act 2024**;\".\n\n(3) In section 3(4) of the **Road Safety Act 1986**, for \"Director\" (where twice occurring) **substitute** \"Chief Executive Officer\".\n\nDivision 11—Repeal of this Part\n\n\t61 Repeal of this Part\n\nThis Part is **repealed** on 1 July 2026.\n\n**Note**\n\nThe repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\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 authorised versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 15 May 2024*\n\n*Legislative Council: 16 August 2024*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the Victorian Institute of Forensic Medicine, to repeal the **Victorian Institute of Forensic Medicine Act 1985**, to consequentially amend other Acts and for other purposes.\"\n\nThe **Victorian Institute of Forensic Medicine Act 2024** was assented to on 17 September 2024 and came into operation on 1 July 2025: section 2(2).\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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section 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 an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Victorian Institute of Forensic Medicine Act 2024** by Acts and subordinate instruments.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expands and modernises the Institute's remit compared with the 1985 Act by: (a) replacing the old Council/Director model with a Board, CEO and Director roles (sections 11, 24, 26; Part 4 transitional provisions 39–41); (b) expressly adding human tissue services and cross‑jurisdictional receipt/supply of tissue (section 9(1)(m)); (c) authorising research and regulated disclosure/use of personal information with notification procedures to the State Coroner or Chief Commissioner of Police (sections 32–34); and (d) enabling commercial activities (contracts and fees) and service provision to private entities (sections 9(1)(l), 10(2)). These changes shift decision‑making, create new commercial and data‑sharing powers, and alter compliance and coordination requirements across multiple agencies."},"complexity_factors":["Extensive cross‑referencing and amendments to multiple existing Acts (Coroners Act 2008, Human Tissue Act 1982, Crimes Act 1958, Road Safety Act 1986, etc.), increasing interpretive complexity","New governance architecture with multiple appointed offices (Board, chairperson, acting chairperson, CEO, Director) and layered delegations (sections 11, 23, 24, 26, 28–29)","Detailed information‑use and disclosure regime with procedural safeguards and time limits (sections 32–34), requiring coordination with State Coroner and Chief Commissioner of Police","Broadened operational powers (entering agreements, imposing fees, receiving and supplying human tissue, providing services to private entities) with attendant commercial and regulatory interactions (sections 9, 10, 9(1)(m))","Transitional and savings provisions abolishing previous Council and Director offices and converting references across statutes (Part 4, sections 36–42), creating implementation burdens","Regulations power that can adopt external documents by reference and confer discretionary authorities (section 35(2)(d)), expanding administrative discretion","Accountability and reporting duties tied to financial management and clinical governance (sections 12, 25) which implicate Public Administration and Financial Management frameworks"],"plain_english_summary":"This Act replaces the 1985 statute and establishes the Victorian Institute of Forensic Medicine as a corporate body governed by a Board, a Chief Executive Officer and a Director of Forensic Medicine. Mechanically it gives the Institute explicit powers to provide forensic, clinical and human‑tissue services, to conduct research, to enter contracts and to charge fees.\n\nIt affects coroners, police, health providers, researchers, families and private users by changing who decides (Board/CEO), by setting rules for use and disclosure of personal information (sections 32–34, including 21‑day notification), and by allowing receipt/supply of human tissue and provision of services to public and private entities."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the limited text available, there is no evidence of scope change from the Act's original intent. The legislation appears to be a consolidation or modernisation of the existing legal framework for VIFM rather than a fundamental expansion or contraction of its role. However, the severely incomplete source text prevents a confident determination."},"complexity_factors":["Governs a specialist statutory body with intersecting responsibilities across health, justice, and coronial law","Likely interacts with multiple other Acts including the Coroners Act 2008 (Vic), Health Services Act 1988 (Vic), and Human Tissue Act 1982 (Vic)","Forensic medicine involves sensitive legal and ethical issues around human remains, consent, and evidence","Governance structures for statutory bodies typically involve complex accountability and delegation provisions","The source text provided is severely truncated and garbled, preventing full assessment — actual complexity may be higher or lower","2024 legislation may introduce significant structural changes from predecessor frameworks, adding transitional complexity"],"plain_english_summary":"The Act creates the statutory framework for the Victorian Institute of Forensic Medicine, giving it legal authority to carry out forensic pathology, coronial support and other forensic medical services. It affects families of the deceased, forensic medical professionals, and justice agencies that rely on VIFM’s examinations and expert evidence. \n\nIt matters because it sets VIFM’s governance, powers and accountability so it can lawfully perform autopsies, retain samples and provide expert evidence."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the Victorian Institute of Forensic Medicine. While it modernises governance structures (replacing the Council with a Board, splitting the Director role into CEO and Director of Forensic Medicine) and expands specific functions (particularly around child death review and research), these represent evolutionary developments within the established scope of forensic medicine services rather than mission creep into unrelated policy areas. The consequential amendments to other Acts are mechanical updates necessitated by the restructure, not substantive policy expansions."},"complexity_factors":["Moderate length (61 sections plus endnotes) with detailed governance provisions","27 defined terms in section 3, many cross-referencing other Acts (Coroners Act 2008, Human Tissue Act 1982, etc.)","Extensive consequential amendments to 10 other Acts in Part 5, requiring readers to track changes across multiple statutes","Nested conditional logic in sections 32-34 regarding information use/disclosure (notification requirements, 21-day waiting periods, prejudice tests)","Dual leadership structure (CEO and Director of Forensic Medicine) with overlapping but distinct functions and delegation chains","Transitional provisions in Part 4 that preserve continuity while abolishing old offices (Council and Director)","Self-repealing provisions (section 42 expires after 2 years, Part 5 repeals in 2026)"],"plain_english_summary":"This Act establishes the **Victorian Institute of Forensic Medicine (VIFM)** as a new statutory body to replace the previous 1985 Act. It sets up the organisation that handles forensic medical investigations, clinical forensic services (like examining assault victims), forensic scientific testing (like toxicology), and human tissue services (like organ donation coordination).\n\n**Key things the Act does:**\n\n- **Creates a new governance structure**: Establishes a Board (7-9 members) to oversee the Institute, replacing the old Council. The Board handles both clinical governance (quality and safety) and corporate governance (strategy and finances).\n\n- **Splits leadership roles**: Creates two distinct positions—**Chief Executive Officer** (runs day-to-day operations) and **Director of Forensic Medicine** (oversees clinical and scientific standards). The old Act combined these into one \"Director\" role.\n\n- **Expands functions**: The Institute now explicitly helps coroners investigate deaths, provides forensic services to police and courts, manages mortuaries, coordinates human tissue for transplants, conducts research, and offers teaching and training.\n\n- **Adds family support duties**: When a child dies in circumstances that need review, the Institute must investigate whether surviving siblings are at risk and connect families with health services.\n\n- **Controls information use**: Sets strict rules for using personal information in research—requiring notification of the State Coroner or Chief Commissioner of Police if the information relates to ongoing investigations.\n\n- **Updates other laws**: Makes consequential amendments to 10 other Acts (including the Coroners Act, Crimes Act, and Road Safety Act) to replace references to the old 1985 Act and the old \"Director\" title with the new structure.\n\n**Who it affects:**\n- Families dealing with sudden or suspicious deaths\n- Police and courts needing forensic evidence\n- Hospitals and health services coordinating tissue donation\n- Researchers using forensic data\n- The staff and leadership of the Institute itself\n\n**Why it matters:**\nThis modernises Victoria's forensic medicine system with clearer accountability, better clinical governance, and stronger protections for sensitive personal information while maintaining the Institute's crucial role in the justice and health systems."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-institute-of-forensic-medicine-act-2024","history":"/api/acts/victorian-institute-of-forensic-medicine-act-2024/history","analysis":"/api/acts/victorian-institute-of-forensic-medicine-act-2024/analysis","conflicts":"/api/acts/victorian-institute-of-forensic-medicine-act-2024/conflicts","importantCases":"/api/acts/victorian-institute-of-forensic-medicine-act-2024/important-cases","documents":"/api/acts/victorian-institute-of-forensic-medicine-act-2024/documents"}}