Victoria act

Coroners Act 2008

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

8/10 complexity

Sets out who must report certain deaths and when, gives coroners and the Coroners Court powers to investigate deaths and fires, order medical examinations (including autopsies and exhumations), hold inquests, make findings and publish recommendations. It establishes the State and Deputy State Coroners, registrars and the Coronial Council.

This affects doctors, police, care providers, forensic services, relatives and public authorities by imposing reporting duties, investigative and evidence‑gathering powers, timelines and limited appeal routes for decisions such as autopsy, exhumation and publication.

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What it does

This Act establishes a comprehensive coronial system for Victoria by (a) creating the Coroners Court of Victoria and defining its composition and officers, (b) requiring reporting of specified deaths, (c) specifying the scope and process of coronial investigations and inquests into deaths and fires, and (d) providing powers, duties and procedural rules for coroners, registrars, investigators and others to obtain material, conduct examinations including autopsies, preserve and release bodies and evidence, make findings and recommendations, and refer matters to other bodies (see Pt 1, Pt 3, Pt 4, Pt 5, Pt 6, Pt 8 and Pt 9). The Act sets out definitions critical for coverage , notably "reportable death" (s 4) and "reviewable death" for certain multiple child deaths (s 5) , and creates an inquisitorial court structure (s 89(4)) with a State Coroner (s 91), Deputy State Coroner (s 92), appointed coroners (s 94), judicial registrars and reserve coroners (Divs 1A and 1B, Pt 8).

Mechanically, the Act does the following: it imposes mandatory reporting obligations on registered medical practitioners, responsible persons for persons placed in custody or care, and any person with reasonable grounds to believe a reportable death has not been reported (ss 10-13), with statutory penalties for failure (see penalty unit notices at ss 10-13, 32-35). It places initial and continuing control of bodies with the coroner or State Coroner while investigations proceed (s 22) and authorises preliminary examinations, identification directions and autopsies (ss 23-25), subject to procedural protections (notification and short objection windows to senior next of kin, s 26; appeal rights, Pt 7). It confers search and seizure, entry, sampling and possession powers when authorised by a coroner (ss 37-41) and provides mechanisms for compulsory production of documents and prepared statements (s 42). Coroners may hold inquests (s 52), make findings (ss 67-68), comment and recommend reforms (s 72), and require responses from public statutory authorities with publication obligations (ss 72(3)-(5), 73).

Current sections

Direct links to the current provisions in Coroners Act 2008.

161

102

Annual report 84

102 Annual report 84

102AA Coroners Court may issue or transmit court documents electronically 85

Division 1A—Judicial registrars 86

102A Assignment of duties 86

102B Guidelines relating to the appointment of judicial registrars 86

102C Recommendations for appointment of judicial registrars 87

102D Appointment by Governor in Council 87

102E Remuneration and terms and conditions of appointment 88

102EA Oath or affirmation of office 90

102F Resignation from office 90

102J Performance of duties by judicial registrar 90

102K Appeal from or review of decisions of judicial registrar 91

Division 1B—Reserve coroners 92

102L Appointment of reserve coroners 92

102M Cessation of office 93

102N State Coroner may engage reserve coroner to undertake duties of coroner 93

102O Powers, jurisdiction, immunities and protection of reserve coroner 94

102P Engaging in legal practice or other paid employment 94

102Q Salary, allowances and other conditions of service of reserve coroners 94

102R Appropriation of certain amounts in relation to reserve coroners 95

102S Power to complete matters—coroners and reserve coroners 96

Division 1C—Victorian Systemic Review of Family Violence Deaths unit 98

102T Definitions 98

102U Establishment of the VSRFVD 99

102V Membership of the VSRFVD 99

102W Functions of the VSRFVD 99

Division 2—Contempt of Court 99

103 Contempt 99

104 Appeal from finding of contempt 101

Division 3—Rules of Court and practice notes 102

105 Rules of the Coroners Court 102

106 Disallowance 105

107 Practice notes 105

Division 4—Miscellaneous 106

108 Professional development and training 106

108A State Coroner may enter into service agreements 107

Part 9—Coronial Council of Victoria 108

109 Coronial Council of Victoria 108

110 Function of the Council 108

111 Members of the Council 108

112 Procedure at meetings 109

113 Annual report 109

Part 10—General 111

114 Return and possession of things 111

115 Access to documents 111

116 Registers to be kept by principal registrar 114

117 Regulations 114

118 Fees 117

118A Review of amendments made by Part 3 of the Justice Legislation Miscellaneous Amendment Act 2018 117

119 Transitional and saving provisions 117

120 Transitional provision—Courts Legislation Miscellaneous Amendments Act 2014 117

121 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 118

122

Transitional provision—Justice Legislation Amendment Act 2023 118

122 Transitional provision—Justice Legislation Amendment Act 2023 118

Schedules 120

Sch 1

Saving and transitional provisions 120

Schedule 1—Saving and transitional provisions 120

Endnotes 131

1 General information 131

2 Table of Amendments 133

3 Explanatory details 139

Version No. 043

Coroners Act 2008

No. 77 of 2008

Version incorporating amendments as at

Preamble

The coronial system of Victoria plays an important role in Victorian society. That role involves the independent investigation of deaths and fires for the purpose of finding the causes of those deaths and fires and to contribute to the reduction of the number of preventable deaths and fires and the promotion of public health and safety and the administration of justice.

This role will be enhanced by creating a Coroners Court and setting out the role of the Coroners Court and the coronial system and the procedures for coronial investigations.

The Parliament of Victoria therefore enacts:

Part 1

Preliminary

Part 1—Preliminary

Purposes

1 Purposes

The purposes of this Act are—

(a) to require the reporting of certain deaths; and

(b) to provide for coroners to investigate deaths and fires in specified circumstances; and

(c) to contribute to the reduction of the number of preventable deaths and fires through the findings of the investigation of deaths and fires, and the making of recommendations, by coroners; and

(d) to establish the Coroners Court of Victoria as a specialist inquisitorial court; and

(e) to establish the Coronial Council of Victoria; and

S. 1(f) repealed by No. 34/2024 s. 45.

(g) to make consequential amendments to other Acts.

Commencement

2 Commencement

This Act comes into operation on 1 November 2009.

Definitions

3 Definitions

(1) In this Act—

S. 3(1) def. of Aboriginal ancestral remains inserted by No. 11/2016 s. 138.

Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006;

S. 3(1) def. of Aboriginal Heritage Council inserted by No. 11/2016 s. 138.

Aboriginal Heritage Council means the Council within the meaning of the Aboriginal Heritage Act 2006;

S. 3(1) def. of Australian lawyer repealed by No. 17/2014 s. 160(Sch. 2 item 21.1).

autopsy means—

(a) the dissection of a body (including the removal of tissue); or

(b) any other prescribed procedure in relation to a body—

but does not include—

(d) an identification procedure;

body means—

(a) the corpse of a human being; or

(b) a part or parts of the corpse or remains of a human being—

but does not include tissue removed from the corpse of a human being;

S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 26/2023 s. 12.

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person under the age of 18 years;

S. 3(1) def. of coroner amended by Nos 5/2013 s. 57(1), 63/2013 ss 49(a)(b), 82.

coroner means—

(a) the State Coroner, including a person acting under section 12H of the County Court Act 1958;

(b) the Deputy State Coroner;

(c) a magistrate or reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 assigned to be a coroner of the Coroners Court under section 93;

(d) a person appointed as a coroner of the Coroners Court under section 94;

(e) a reserve coroner who is engaged under section 102N to perform the duties of a coroner during any period of engagement or acting under section 102S;

Coroners Court means the Coroners Court of Victoria;

S. 3(1) def. of coronial investigator inserted by No. 26/2023 s. 12.

coronial investigator means a police officer who is nominated by the Chief Commissioner of Police to assist a coroner in relation to an investigation into a reportable death;

Council means the Coronial Council of Victoria established under Part 9;

Country Fire Authority means the Country Fire Authority established under the Country Fire Authority Act 1958;

death includes suspected death;

Notes

1 A still-birth, within the meaning of the Births, Deaths and Marriages Registration Act 1996, is not a death.

2 See section 41 of the Human Tissue Act 1982 for a definition of death for the purposes of the law of Victoria.

Deputy State Coroner means the Deputy State Coroner of the Coroners Court appointed under section 92;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person
or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of Fire Rescue Victoria inserted by No. 20/2019 s. 149(2).

Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

identification direction means a direction given by a coroner under section 24;

identification procedure means any procedure performed in accordance with an identification direction;

immediate family in relation to a deceased person, means spouse, domestic partner, son, daughter, parent, sibling, executor, personal representative or a person determined to be the senior next of kin under subsection (3);

inquest means a public inquiry that is held by the Coroners Court in respect of a death or a fire;

S. 3(1) def. of Institute amended by No. 34/2024 s. 46.

Institute means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 2024;

interstate coroner means a coroner of another State or Territory;

interested party in relation to an inquest, means a person granted leave under section 56 to appear at the inquest;

S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 41.

judicial registrar means a judicial registrar of the Coroners Court appointed under Division 1A of Part 8;

medical examination means a preliminary examination, an identification procedure or an autopsy;

medical investigator means—

(a) the Institute; or

(b) a pathologist; or

medical procedure means a procedure performed on a person by or under the general supervision of a registered medical practitioner and includes imaging, internal examination and surgical procedure;

S. 3(1) def. of Metropolitan Fire and Emergency Services Board repealed by No. 20/2019 s. 149(1).

parent*,* in relation to a child, includes—

(a) a step-parent;

(b) an adoptive parent;

(d) a guardian;

(e) a person who has custody or daily care and control;

(f) a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children;

pathologist means a prescribed registered medical practitioner;

S. 3(1) def. of person placed in custody
or care amended by Nos 29/2010 s. 51(a), 43/2010 s. 44, 29/2011 s. 3(Sch. 1 item 18.1), 52/2013 s. 80, 26/2014 s. 455(Sch. item 5.1), 37/2014 s. 10(Sch. item 30.1(b)), 61/2014 s. 165, 39/2022 s. 799.

person placed in custody or care means—

(a) a person for whom the Secretary to the Department of Human Services has parental responsibility under the Children, Youth and Families Act 2005; or

(b) a child placed in emergency care under the Children, Youth and Families Act 2005; or

(c) a person who is deemed to be in the legal custody of the Secretary to the Department of Human Services under section 483 of the Children, Youth and Families Act 2005; or

(d) a person under the control, care or custody of the Secretary to the Department of Human Services or the Secretary to the Department of Health; or

(e) a person in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police; or

(f) a person in the custody of a police officer; or

(g) a person in the custody of a protective services officer; or

(h) a person detained in a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010;

(i) a patient detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or

(j) a person who a police officer or prison officer is attempting to take into custody or who is dying from injuries sustained when a police officer or prison officer attempted to take the person into custody; or

(k) a person in Victoria who is dying from an injury incurred while in the custody of the State; or

(l) a prescribed person or a person belonging to a prescribed class of person;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 30.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

preliminary examination in relation to a body means any of the following procedures—

(a) a visual examination of the body (including a dental examination);

(b) the collection and review of information, including personal and health information relating to the deceased person or the death of the person;

(c) the taking of samples of bodily fluid including blood, urine, saliva and mucus samples from the body (which may require an incision to be made) and the testing of those samples;

(d) the imaging of the body including the use of computed tomography (CT scan), magnetic resonance imaging (MRI scan), x-rays, ultrasound and photography;

(e) the taking of samples from the surface of the body including swabs from wounds and inner cheek, hair samples and samples from under fingernails and from the skin and the testing of those samples;

(f) the fingerprinting of the body;

(g) any other procedure that is not a dissection, the removal of tissue or prescribed to be an autopsy;

prescribed means prescribed by the regulations unless otherwise provided;

principal registrar means the principal registrar appointed under section 97;

S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 30.1(a)).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 15).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registrar means the principal registrar, a deputy registrar or a registrar referred to in section 97;

reportable death has the meaning given by section 4;

S. 3(1) def. of reserve coroner inserted by No. 63/2013 s. 49(c).

reserve coroner means a person appointed under section 102L;

S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 57(2).

reserve judge has the same meaning as it has in the County Court Act 1958;

S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 57(2).

reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;

reviewable death has the meaning given by section 5;

S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 51(b).

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

S. 3(1) def. of senior next
of kin amended by No. 29/2011 s. 3(Sch. 1 item 18.2).

senior next of kin in relation to a deceased person, means—

(a) if the person, immediately before death had a spouse or domestic partner—the spouse or domestic partner; or

(b) if the person immediately before death did not have a spouse or domestic partner or if the spouse or domestic partner is not available—a son or daughter of or over the age of 18 years; or

(d) if a spouse, domestic partner, son, daughter or parent is not available—a sibling who is of or over the age of 18 years; or

(e) if a spouse, domestic partner, son, daughter, parent or sibling is not available—a person named in the will as an executor; or

(f) if a spouse, domestic partner, son, daughter, parent, sibling or executor is not available—a person who, immediately before the death, was a personal representative of the deceased;

(g) if a spouse, domestic partner, son, daughter, parent, sibling, executor or personal representative is not available—a person determined to be the senior next of kin under subsection (3);

sibling in relation to a person includes a half‑brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the person;

spouse of a person means a person to whom that person is married;

State Coroner means the State Coroner of the Coroners Court appointed under section 91;

the rules means rules of the Coroners Court;

S. 3(1) def. of tissue amended by No. 19/2017 s. 42(1).

tissue has the same meaning as in the Human Tissue Act 1982;

S. 3(1) def. of VSRFVD inserted by No. 19/2017 s. 42(2).

VSRFVD means the Victorian Systemic Review of Family Violence Deaths unit established under section 102U.

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(3) For the purposes of paragraph (g) of the definition of senior next of kin, a person is the senior next of kin if the coroner determines that the person should be taken to be the senior next of kin because of the closeness of the person's relationship with the deceased person immediately before his or her death.

(4) In this Act—

(a) a reference to a function includes a reference to a power and a duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Reportable death

4 Reportable death

(1) In this Act, a death of a person is a reportable death if—

(a) the body is in Victoria; or

(b) the death occurred in Victoria; or

(d) the person ordinarily resided in Victoria at the time of death—

and the death was a death specified in subsection (2).

S. 4(1A) inserted by No. 48/2018 s. 5.

(1A) If a determination is made under section 16(1A), that death is not a reportable death for the purposes of this Act on and from that determination.

(2) For the purposes of subsection (1), the deaths are—

(a) a death that appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from an accident or injury; or

(b) a death that occurs—

(i) during a medical procedure; or

(ii) following a medical procedure where the death is or may be causally related to the medical procedure—

and a registered medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or

S. 4(2)(d) amended by Nos 26/2014 s. 455(Sch. item 5.2), 39/2022 s. 800.

(d) the death of a person who immediately before death was a patient within the meaning of the Mental Health and Wellbeing Act 2022; or

S. 4(2)(e) amended by No. 37/2014 s. 10(Sch. item 30.2).

(e) the death of a person under the control, care or custody of the Secretary to the Department of Justice or a police officer; or

S. 4(2)(f) amended by No. 55/2014 s. 143.

(f) the death of a person who is subject to a non‑custodial supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(g) the death of a person whose identity is unknown; or

(h) a death that occurs in Victoria if a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed and is not likely to be signed; or

(i) a death that occurs at a place outside Victoria if the cause of death is not certified by a person who, under the law in force in that place, is authorised to certify that death and the cause of death is not likely to be certified by a person who is authorised to certify in that place; or

(j) a death—

(i) of a prescribed class of person;

(ii) that occurs in prescribed circumstances.

S. 4(3) inserted by No. 61/2017 s. 121.

(3) Despite subsection (2), the death of a person who has been administered or self‑administered a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act is not a reportable death.

Section 14 includes a power for a coroner to investigate whether or not a death is a reportable death. If the death of a person is or may be due to the self-administration or administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 other than in accordance with that Act, the coroner could investigate the death under section 14.
Section 52(1) provides for a coroner to hold an inquest into any death that the coroner is investigating.

Reviewable death

5 Reviewable death

(1) In this Act, the death of a child (the deceased child) is a reviewable death if the deceased child is the second or subsequent child of the deceased child's parent to have died and one of the following applies—

(a) the body is in Victoria; or

(b) the death occurred in Victoria; or

(d) the child ordinarily resided in Victoria at the time of death.

(2) Despite subsection (1), a death of a deceased child is not a reviewable death if—

(a) the death occurs in a hospital; and

(b) the child was born at a hospital and had always been an in-patient of a hospital; and

(3) In this section—

hospital means a public hospital, a public health service, a denominational hospital or a private hospital within the meaning of the Health Services Act 1988;

in-patient of a hospital includes a child whose only period spent outside a hospital was during a transfer from one hospital to another, by whatever means.

Part 2

Objectives

Part 2—Objectives

Role of objectives

6 Role of objectives

The objectives in this Part are intended to give guidance in the administration and interpretation of this Act.

Avoiding unnecessary duplication

7 Avoiding unnecessary duplication

It is the intention of Parliament that a coroner should liaise with other investigative authorities, official bodies or statutory officers—

(a) to avoid unnecessary duplication of inquiries and investigations; and

(b) to expedite the investigation of deaths and fires.

S. 8
amended by No. 34/2010 s. 6(a).

Factors to consider for the purposes of this Act

8 Factors to consider for the purposes of this Act

When exercising a function under this Act, a person should have regard, as far as possible in the circumstances, to the following—

(a) that the death of a family member, friend or community member is distressing and distressed persons may require referral for professional support or other support;

(b) that unnecessarily lengthy or protracted coronial investigations may exacerbate the distress of family, friends and others affected by the death;

(c) that different cultures have different beliefs and practices surrounding death that should, where appropriate, be respected;

(d) that family members affected by a death being investigated should, where appropriate, be kept informed of the particulars and progress of the investigation;

(e) that there is a need to balance the public interest in protecting a living or deceased person's personal or health information with the public interest in the legitimate use of that information;

(f) the desirability of promoting public health and safety and the administration of justice.

Fairness and efficiency of coronial system

9 Fairness and efficiency of coronial system

The coronial system should operate in a fair and efficient manner.

Part 3

Reporting of deaths

Part 3—Reporting of deaths

Obligation of registered medical practitioner to report death

10 Obligation of registered medical practitioner to report death

S. 10(1) amended by No. 31/2013 s. 12(1).

(1) Subject to subsection (2), a registered medical practitioner who is present at or after the death of a person must report the death without delay to a coroner or the Institute if the death is a reportable death.

S. 10(2) amended by No. 31/2013 s. 12(1).

(2) If more than one registered medical practitioner is present at or after a death and one of them reports it to a coroner or the Institute, the other practitioners need not report the death.

S. 10(3) inserted by No. 31/2013 s. 12(2).

(3) The Institute must refer to a coroner a report of a reportable death received from a registered medical practitioner under subsection (1) or (2) as soon as practicable after receipt of that report.

Obligation to report death of a person placed in custody or care

11 Obligation to report death of a person placed in custody or care

S. 11(1) amended by No. 31/2013 s. 13(1).

(1) The responsible person must report the death of a person placed in custody or care without delay to a coroner or the Institute.

S. 11(1A) inserted by No. 31/2013 s. 13(2).

(1A) The Institute must refer to a coroner a report of the death of a person placed in custody or care received from a responsible person under subsection (1) as soon as practicable after receipt of that report.

(2) In this section, responsible person means—

(a) in relation to a person referred to in paragraphs (a) to (i) of the definition of person placed in custody or care in section 3(1), the person who has care, control or custody of the person;

S. 11(2)(b) amended by No. 37/2014 s. 10(Sch. item 30.3).

(b) in relation to a person referred to in paragraph (j) of the definition of person placed in custody or care in section 3(1), the police officer or the prison officer who attempted to take the person into custody;

(c) in relation to a person referred to in paragraph (k) or (l) of the definition of person placed in custody or care in section 3(1), a person prescribed as the responsible person.

General obligation to report death

12 General obligation to report death

S. 12(1) amended by Nos 31/2013 s. 14(1), 37/2014 s. 10(Sch. item 30.4).

(1) A person who has reasonable grounds to believe that a reportable death has not been reported must report it without delay to a coroner, the Institute or the police officer in charge of a police station.

S. 12(2) amended by Nos 31/2013 s. 14(2), 26/2014 s. 455(Sch. item 5.3), 39/2022 s. 801.

(2) A member of the immediate family of a deceased person may report the death to the coroner or the Institute if the person was a person discharged from a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 within 3 months immediately before the person's death.

S. 12(3) inserted by No. 31/2013 s. 14(3).

(3) The Institute must refer to a coroner a report of a death received under subsection (1) or (2) as soon as practicable after receipt of that report.

Obligation to report reviewable death

13 Obligation to report reviewable death

S. 13(1) amended by No. 31/2013 s. 15(1).

(1) Subject to subsection (2), a registered medical practitioner who is present at or after the death of a child must report the death without delay to the State Coroner or the Institute if the death is a reviewable death.

S. 13(2) amended by No. 31/2013 s. 15(1).

(2) If more than one registered medical practitioner is present at or after a reviewable death and one of them reports it to the State Coroner or the Institute, the other practitioners need not report the death.

S. 13(3) amended by No. 31/2013 s. 15(1).

(3) A person who has reasonable grounds to believe that a reviewable death has not been reported to the State Coroner or the Institute as a reviewable death must report the death without delay to the State Coroner or the Institute.

S. 13(4) inserted by No. 31/2013 s. 15(2).

(4) The Institute must refer to the State Coroner a report of a reviewable death received from a registered medical practitioner or other person under this section as soon as practicable after receipt of that report.

Part 4—Investigation of deaths and fires

Division 1—Investigation of deaths

14 Deaths a coroner may investigate

(1) A coroner may investigate a death that is or may be a reportable death if the death appears to have occurred within 100 years before the death was reported to a coroner.

(2) A coroner may investigate a death reported to the coroner under section 12(2).

(3) A power under subsection (1) includes a power to investigate whether the death is a reportable death.

Deaths a coroner must investigate

15 Deaths a coroner must investigate

A coroner must investigate the death of a person if—

(a) it appears to the coroner that the death, or the cause of death, occurred in Victoria; and

(b) it appears to the coroner that the death is a reportable death; and

(d) an interstate coroner has not investigated, is not investigating, and does not intend to investigate, the death.

S. 15A inserted by No. 26/2023 s. 13.

15A

Power to direct coronial investigator

15A Power to direct coronial investigator

(1) A coroner, by written notice, may direct a coronial investigator in relation to an investigation into a reportable death.

(2) Subject to subsection (3), a coronial investigator must comply with a reasonable and lawful direction under subsection (1).

(3) A coronial investigator is not required to comply with a direction under subsection (1) if the Chief Commissioner of Police gives the State Coroner written notice that the Chief Commissioner considers—

(a) the direction to be unreasonable; or

(b) that complying with the direction would be likely to compromise a criminal investigation.

(4) A notice under subsection (3) must be given within 14 days after the direction under subsection (1) is given.

Determination by coroner that reported death not a reportable death

16 Determination by coroner that reported death not a reportable death

(1) A coroner may determine that a death that was reported to the coroner as a reportable death is not a reportable death.

S. 16(1A) inserted by No. 48/2018 s. 6(1).

(1A) Without limiting subsection (1), a coroner may determine that a death described in section 4(2)(h) or (i) is not a reportable death if satisfied the death is not a death described in section 4(2)(a), (b), (c), (d), (e), (f), (g) or (j).

S. 16(2) amended by No. 48/2018 s. 6(2).

(2) If a coroner determines that a death is not a reportable death under subsection (1) or (1A), the coroner must give written notice of the coroner's determination to the person who reported the death.

(3) If a coroner determines that a death is not a reportable death, the coroner must discontinue the investigation into the death.

(4) Subsection (3) does not affect the investigation by the State Coroner of the death if it is a reviewable death.

(5) Whether or not a death is a reportable death, the coroner must discontinue the investigation into the death if the coroner determines that the death probably occurred more than 100 years before it was reported to a coroner.

S. 16(6) inserted by No. 48/2018 s. 6(3).

(6) If a coroner determines under this section that a death is not a reportable death under subsection (1) or (1A), the principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars.

S. 16A inserted by No. 11/2016 s. 139.

16A

Investigations and Aboriginal ancestral remains

16A Investigations and Aboriginal ancestral remains

If a coroner investigating a death believes that the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council.

Certain reportable deaths do not require investigation

17 Certain reportable deaths do not require investigation

S. 17(1) amended by Nos 62/2014 s. 61(1), 48/2018 s. 7(1).

(1) A coroner is not required to continue an investigation into a reportable death if—

S. 17(1)(a) amended by No. 48/2018 s. 7(2).

(a) the coroner determines that the death was not a death referred to in section 4(2)(a) (other than a death that appears to have been unexpected); and

S. 17(1)(ab) inserted by No. 48/2018 s. 7(3).

(ab) the coroner determines that the death is not a death referred to in section 4(2)(b), (c), (d), (e), (f), (g) or (j); and

(b) a medical investigator conducts a medical examination on the deceased person and provides a report to the coroner that includes an opinion that the death was due to natural causes; and

S. 17(1)(c) repealed by No. 48/2018 s. 7(4).

(d) the coroner determines that the death is not a reviewable death.

(2) If a coroner determines under this section not to continue an investigation, the principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars.

S. 17(3) inserted by No. 62/2014 s. 61(2), repealed by No. 48/2018 s. 7(5).

Reviewable deaths may be referred to the Institute

18 Reviewable deaths may be referred to the Institute

S. 18(1) amended by No. 34/2024 s. 47.

(1) The State Coroner may refer a reviewable death to the Institute, whether or not the death is a reportable death, to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 2024.

(2) If—

(a) the State Coroner refers a reviewable death to the Institute; and

S. 18(2)(b) amended by No. 34/2024 s. 47.

(b) the State Coroner considers 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 2024—

the principal registrar must ensure that the information is given to the Institute.

State Coroner may investigate a reviewable death

19 State Coroner may investigate a reviewable death

(1) The State Coroner may investigate a death that is or may be a reviewable death without referring the death to the Institute if he or she considers that it is necessary and appropriate to do so.

(2) The State Coroner must advise the Institute if he or she decides not to refer a reviewable death to the Institute.

(3) A power under subsection (1) includes a power to investigate whether the death is a reviewable death.

Determination by State Coroner that death not a reviewable death

20 Determination by State Coroner that death not a reviewable death

(1) The State Coroner may determine that a death that was reported to the State Coroner as a reviewable death is not a reviewable death.

(2) If the State Coroner determines that a death is not a reviewable death, the State Coroner must give written notice of the State Coroner's determination to the person who reported the death.

(3) If the State Coroner determines that a death is not a reviewable death or a reportable death, the State Coroner must discontinue the investigation into the death.

Providing relevant persons with coronial process information

21 Providing relevant persons with coronial process information

As soon as practicable after a coroner has commenced an investigation into a death, the principal registrar must ensure that the prescribed information in respect of the coronial process is provided to—

(a) the senior next of kin of the deceased person; and

(b) any other person—

(i) who has advised the principal registrar that they have an interest in the investigation of the death; and

(ii) who the principal registrar considers to have a sufficient interest in the investigation of the death.

Control of the body

22 Control of the body

(1) This section applies if a body is in Victoria and the death is—

(a) a reportable death or a reviewable death; or

(b) is being investigated by a coroner.

(2) If the death is being investigated by a coroner, the body is under the control of the coroner until the coroner releases the body under section 47.

(3) If the death is not being investigated by a coroner, the body is taken to be under the control of the State Coroner until—

(a) another coroner commences an investigation of the death; or

(b) a coroner releases the body under section 47.

Preliminary examinations

23 Preliminary examinations

(1) The purpose of a preliminary examination is to assist the coroner in the performance of his or her functions in respect of a death.

(2) A coroner may provide a body to a medical investigator to enable a preliminary examination to be performed on the body.

(3) The provision of the body authorises the conduct of the preliminary examination.

S. 23(4) inserted by No. 11/2016 s. 140.

(4) If a medical investigator who performs a preliminary examination reports to the coroner that, in the medical investigator's opinion, the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council of that report.

Identification directions

24 Identification directions

A coroner may direct a medical investigator to perform any procedure on a body (including the removal of tissue but not including a preliminary examination) for the purposes of identifying the deceased person.

Autopsies

25 Autopsies

(1) The purpose of an autopsy is to assist a coroner to perform his or her functions in respect of a death.

(2) A coroner must direct a medical investigator to perform an autopsy on a body under the control of the coroner if the coroner believes that—

(a) the autopsy is necessary for the investigation of the death; and

(b) it is appropriate to give the direction.

See section 26 for when a direction made by a coroner under subsection (2) takes effect.

(3) After consulting with, and seeking advice from, the Institute or a pathologist, a coroner may—

(a) impose conditions on the manner in which an autopsy on a body is to be performed; and

Example

Conditions under subsection (3) could include the number of cavities to be explored or the organs to be removed.

(b) direct the medical investigator to perform certain tests on a body or on tissue or other material removed from the body.

(4) Nothing in this Act prevents a preliminary examination or an identification procedure from being performed concurrently with an autopsy.

Objections to autopsy

26 Objections to autopsy

(1) A coroner must take reasonable steps to notify the senior next of kin of the deceased of a direction given by the coroner under section 25(2).

S. 26(2) substituted by No. 62/2014 s. 62(1).

(2) Within 48 hours after receiving notice under subsection (1), the senior next of kin may—

(a) ask the coroner to reconsider the direction that an autopsy be performed; or

(b) if the senior next of kin does not object to the autopsy and would like the autopsy to be performed without delay, consent, in accordance with the rules, to the waiver of the period remaining for the senior next of kin to make a request under paragraph (a).

S. 26(3) amended by No. 62/2014 s. 62(2).

(3) If, after considering a request under subsection (2)(a), the coroner determines that—

(a) the autopsy is necessary for the investigation of the death; and

(b) it was appropriate to make the direction under section 25(2)—

the coroner must, without delay, give written notice of the determination to the senior next of kin.

(4) A direction under section 25(2) does not take effect until—

(a) subject to paragraphs (b) and (c) 48 hours after the required notice has been given under subsection (1); or

S. 26(4)(b) substituted by No. 62/2014 s. 62(3).

(b) subject to paragraph (c), if—

(i) a request has been made under subsection (2)(a), 48 hours after the notice is given under subsection (3); or

(ii) the remainder of the period specified in subsection (2) has been waived by the senior next of kin under subsection (2)(b), on the giving of the waiver; or

(5) A coroner may—

(a) direct that an autopsy be performed immediately, without giving notice under this section, if—

(i) the coroner believes it is appropriate in the circumstances; or

(ii) there is no senior next of kin or the next of kin cannot be located; or

(b) direct that an autopsy be performed less than 48 hours after the senior next of kin has been given notice under subsection (3) if the senior next of kin advises the coroner that he or she will not appeal to the Supreme Court against the direction that an autopsy be performed.

An appeal can be made to the Supreme Court under Part 7 against the direction made by a coroner under section 25(2) in certain circumstances.

Request for autopsy

27 Request for autopsy

(1) If a coroner has control of a body, any person may ask the coroner to direct that an autopsy be performed on the body.

(2) If the coroner refuses a person's request, the coroner must give the person, without delay, written reasons for the refusal to give a direction.

An appeal can be made to the Supreme Court under Part 7 against a refusal by a coroner to make a direction.

The removal of tissue and preserving material

28 The removal of tissue and preserving material

(1) For the purposes of this Act, the following persons may remove or assist in the removal of tissue under the general supervision of a medical investigator—

(a) a mortuary technician;

(b) a forensic technician;

(d) a prescribed person.

(2) A coroner may direct a medical investigator undertaking a medical examination to cause to be preserved, for any period that the coroner directs, any tissue or material that appears to the medical investigator to bear on the cause or circumstances of the death or the identity of the deceased person.

Provision of relevant information by principal registrar

29 Provision of relevant information by principal registrar

(1) The principal registrar must ensure that the medical investigator who is responsible for performing a medical examination is given information of a kind specified in subsection (2).

(2) The kind of information to be given under subsection (1) is information collected or held by the Coroners Court that the coroner investigating the death considers would be necessary or helpful for the medical investigator performing the medical examination to know.

S. 29A inserted by No. 83/2012 s. 39, amended by No. 34/2024 s. 48(1).

29A

Principal registrar to provide certain information to VIFM

29A Principal registrar to provide certain information to VIFM

Unless a coroner directs otherwise, for the performance of its functions under section 9(1)(m)(ii), (iii) and (vi) of the Victorian Institute of Forensic Medicine Act 2024, the principal registrar must provide to the Institute without delay the following information in relation to a death that is reported to a coroner—

(a) a copy of the initial police report of the death, if any, that is received by a coroner; and

(b) if not included in the initial police report of the death, the name and contact details of the next of kin (within the meaning of the Human Tissue Act 1982) of the deceased that are provided to the Coroners Court within 24 hours after the death is reported to a coroner.

Note to s. 29A amended by No. 34/2024 s. 48(2).

Section 9(1)(m)(ii), (iii) and (vi) of the Victorian Institute of Forensic Medicine Act 2024 confer functions on the Institute to remove tissue, or receive tissue taken, in accordance with the Human Tissue Act 1982 from deceased persons in Victoria (whether or not a coroner has jurisdiction to investigate the deaths) and to process, store and supply the tissue for transplantation to living persons in Victoria or elsewhere or for use, in Victoria or elsewhere, for other therapeutic purposes or for medical or scientific purposes.

Part IV of the Human Tissue Act 1982 provides for tissue donation after death. Section 27 of that Act provides specifically for deaths for which a coroner has or may have jurisdiction under this Act.

Div 2

Investigation of fires

Division 2—Investigation of fires

Fire authority request for fire investigation

30 Fire authority request for fire investigation

S. 30(1) amended by No. 20/2019 s. 150(1).

(1) The Country Fire Authority or Fire Rescue Victoria may request a coroner to investigate a fire.

S. 30(1A) inserted by No. 31/2013 s. 16, amended by No. 20/2019 s. 150(1).

(1A) The Institute may, on behalf of a coroner, receive a request made by the Country Fire Authority or Fire Rescue Victoria under subsection (1).

S. 30(1B) inserted by No. 31/2013 s. 16.

(1B) If the Institute receives a request under subsection (1A), the Institute must refer that request to a coroner as soon as practicable after receiving that request.

(2) A coroner must investigate a fire after receiving a request under subsection (1) unless the coroner determines that the investigation is not in the public interest.

S. 30(3) amended by No. 20/2019 s. 150(2).

(3) The coroner must give written reasons to the Authority or Fire Rescue Victoria for a decision not to conduct an investigation it requested.

Application for investigation into a fire

31 Application for investigation into a fire

(1) A person may request a coroner to investigate a fire.

S. 31(1A) inserted by No. 31/2013 s. 17.

(1A) The Institute may, on behalf of a coroner, receive a request made by a person under subsection (1).

S. 31(1B) inserted by No. 31/2013 s. 17.

(1B) If the Institute receives a request under subsection (1A), the Institute must refer that request to a coroner as soon as practicable after receiving that request.

(2) If a coroner refuses a request to investigate a fire, the coroner must give written reasons for the refusal to the person who made the request.

Div 3

Assistance to coroner in investigation

Division 3—Assistance to coroner in investigation

Person who made report of death to assist

32 Person who made report of death to assist

A person who reported a reportable death or a reviewable death must give the coroner any information or other assistance that the coroner requests for the purposes of the coroner's investigation.

Registered medical practitioner to assist

33 Registered medical practitioner to assist

(1) This section applies to a death that is being investigated by a coroner.

(2) A registered medical practitioner—

(a) who was responsible for a person's medical care immediately before that person's death; or

(b) who was present at or after the person's death—

must give the coroner any information or assistance that the coroner requests for the purposes of the investigation.

Person who asks for investigation of fire to assist

34 Person who asks for investigation of fire to assist

A person who requests a coroner to investigate a fire must give the coroner any information that the coroner requests to assist the coroner in his or her investigation.

S. 35 amended by No. 20/2019 s. 151.

Fire authority to assist

35 Fire authority to assist

The Country Fire Authority or Fire Rescue Victoria must give the coroner any information that may assist the coroner in his or her investigation of a fire.

S. 36 amended by No. 37/2014 s. 10(Sch. item 30.5).

Assistance from police

36 Assistance from police

A police officer who has information that may be relevant to an investigation by a coroner into a death or a fire must give that information to the coroner to assist the coroner in his or her investigation of the death or the fire.

Div 4

Powers relating to investigation

Division 4—Powers relating to investigation

Restriction of access to place where death occurred or caused or may occur

37 Restriction of access to place where death occurred or caused or may occur

(1) In this section, death means a death that a coroner or the Chief Commissioner of Police reasonably believes to be a reportable death or reviewable death.

(2) A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to—

(a) the place where a death occurred; or

(b) a place reasonably connected to the place where the death occurred.

(3) The Chief Commissioner of Police may take reasonable steps to restrict access to—

(a) the place where an incident occurred; or

(b) a place reasonably connected to the place where an incident occurred—

if the Chief Commissioner of Police reasonably expects a person to die as a result of the incident.

(4) The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place.

(5) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section.

60 penalty units or imprisonment for 6 months.

Restriction of access to fire area

38 Restriction of access to fire area

(1) A coroner or the Chief Commissioner of Police may take reasonable steps to restrict access to—

(a) the place where a fire occurred; or

(b) a place reasonably connected to the place where a fire occurred.

(2) The coroner or the Chief Commissioner of Police may cause a notice in the prescribed form stating that access is restricted to a place to be put up at that place or as near as possible to that place.

(3) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under this section.

60 penalty units or imprisonment for 6 months.

Powers of entry, search, inspection and possession

39 Powers of entry, search, inspection and possession

S. 39(1) amended by No. 37/2014 s. 10(Sch. item 30.5).

(1) A coroner who is investigating a death or a fire may, in writing, authorise a police officer to investigate the death or fire by—

(a) breaking, entering and searching premises, using reasonable force if required;

(b) taking copies of any documents relevant to the investigation;

(2) A coroner may exercise any of the powers specified in subsection (1) other than the power to use reasonable force.

S. 39(3) amended by No. 37/2014 s. 10(Sch. item 30.5).

(3) A police officer or coroner who is authorised to exercise powers under this section may do so with any assistance that is required.

(4) An authorisation under subsection (1) must—

S. 39(4)(a) amended by No. 37/2014 s. 10(Sch. item 30.5).

(a) specify hours of the day in which the powers may be exercised by a police officer;

(b) specify a period (not exceeding 30 days) in which the powers may be exercised.

S. 39(5) amended by No. 37/2014 s. 10(Sch. item 30.5).

(5) A police officer authorised to enter premises under subsection (1) must, if practicable, give a copy of the authorisation to a person who appears to be the occupier of the premises and to be over the age of 16 years.

Power to direct person to produce documents, operate equipment on entry

40 Power to direct person to produce documents, operate equipment on entry

S. 40(1) amended by No. 37/2014 s. 10(Sch. item 30.5).

(1) A coroner exercising a power, or a police officer who is authorised, to enter premises under section 39, may direct a person at the premises—

(a) to produce a document located at the premises that is in the person's possession or control; or

(b) to operate equipment or access information from the equipment.

S. 40(2) amended by No. 37/2014 s. 10(Sch. item 30.5).

(2) A person must not, without lawful excuse, fail to comply with a direction made by a coroner or police officer under subsection (1).

S. 41 amended by No. 37/2014 s. 10(Sch. item 30.5).

Other powers on entry to premises

41 Other powers on entry to premises

A coroner exercising a power, or a police officer who is authorised, to enter premises under section 39, may—

(a) take photographs, or make audio or audiovisual recordings, at the premises;

(b) bring any equipment or materials to the premises that may be required;

(d) analyse, measure or test any thing at the premises with equipment brought to the premises or that is already at the premises;

S. 41(e) amended by No. 37/2014 s 10(Sch. item 30.5).

(e) do any other thing that is reasonably necessary for the coroner or police officer to investigate the death or fire.

S. 42 (Heading) amended by No. 62/2014 s. 63(1).

Documents and prepared statements required by coroner

42 Documents and prepared statements required by coroner

(1) If a coroner is of the opinion that a document or a prepared statement is required for the purposes of the investigation, the coroner may require a person—

(a) to give the document to the coroner; or

(b) to prepare a statement addressing matters specified by the coroner and give the statement to the coroner.

S. 42(2) amended by No. 62/2014 s. 63(2)(a).

(2) A requirement under subsection (1) must—

(a) be in the prescribed form; and

S. 42(2)(b) amended by No. 62/2014 s. 63(2)(b).

(b) specify a reasonable period of time for compliance with the requirement; and

S. 42(3) amended by No. 62/2014 s. 63(3).

(3) A person who is required to give a document or prepared statement to the coroner under subsection (1) must not, without a lawful excuse, fail to comply with the requirement within the period specified by the coroner.

S. 42A inserted by No. 52/2012 s. 11.

42A Privileges in relation to investigations

Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to investigations of deaths and fires.

Division 5—Exhumation

43 Application for exhumation

(1) A person may apply to the State Coroner for an authorisation of an exhumation of a body.

(2) An application made under subsection (1) must be in the form prescribed by the rules.

(3) If the State Coroner refuses an application to authorise an exhumation of a body, the State Coroner must ensure that the applicant is advised of the refusal without delay.

Power to authorise exhumation

44 Power to authorise exhumation

The State Coroner may, in accordance with this Division, authorise the exhumation of a body on his or her own motion or on the application of a person under section 43.

Notice of intention to authorise exhumation

45 Notice of intention to authorise exhumation

(1) If the State Coroner intends to authorise the exhumation of a body, the State Coroner must ensure that notice of his or her intention is given to the senior next of kin of the deceased and that the senior next of kin is advised that—

(a) he or she may provide suggestions as to how and whether the proposed exhumation should be conducted; and

(b) if the State Coroner authorises the exhumation, he or she may appeal to the Supreme Court under Part 7 against the authorisation.

(2) If the body is in a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the cemetery trust responsible for the public cemetery.

(3) If the body is in a place of interment (within the meaning of the Cemeteries and Crematoria Act 2003) that is not a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the owner of the land where the place of interment is located.

(4) The State Coroner must have regard to suggestions made by the senior next of kin under subsection (1)(a) or any other person who provides written suggestions to the State Coroner in respect of the proposed exhumation.

(5) The State Coroner is not required to give notice under this section if the State Coroner has reasonable grounds to believe that—

(a) notice would result in—

(i) the escape of an offender or an accomplice; or

(ii) the fabrication or destruction of evidence; or

(b) the exhumation is urgent and the exhumation should not be delayed; or

Authorisation of exhumation

46 Authorisation of exhumation

(1) The State Coroner may authorise the exhumation of a body if he or she believes that—

(a) the exhumation is necessary for the investigation of the death; and

(b) it is appropriate to give the authorisation.

(2) An authorisation given by the State Coroner under subsection (1) may be subject to conditions.

(3) If the State Coroner authorises an exhumation under subsection (1), the State Coroner must ensure that notice of the authorisation is given to the persons who were notified of the State Coroner's intention to exhume the body under section 45.

(4) Failure by the State Coroner to give a notice required under this section or section 45 does not invalidate the State Coroner's authorisation under this section.

(5) An authorisation under this section does not take effect until 48 hours after the senior next of kin is notified of the authorisation under subsection (3) or any further period specified by the State Coroner unless—

(a) the State Coroner directs that the exhumation be conducted immediately; or

(b) within that period, the senior next of kin advises the State Coroner that he or she will not appeal to the Supreme Court against the authorisation.

An appeal can be made to the Supreme Court under Part 7 against the authorisation in certain circumstances.

Div 6

General

Division 6—General

Release of body

47 Release of body

(1) The coroner may order that a body under the control of the coroner be released if—

(a) the coroner is satisfied that it is no longer necessary for the coroner to have control of the body in order to exercise his or her functions under this Act; or

(b) the coroner has determined that the death was not a reportable death or a reviewable death.

(2) An order made by the coroner under subsection (1)—

(a) must specify a person to whom the body is to be released; and

(b) may contain any terms or conditions that the coroner considers necessary.

Application to coroner for release of body

48 Application to coroner for release of body

(1) A person (the applicant) may apply to a coroner for a body to be released to the applicant.

(2) If 2 or more applicants apply for release of the body, the coroner must determine the person to whom the body is to be released on the basis of who has the better claim.

(3) In determining who has the better claim, the coroner must have regard to the following principles—

(a) if the person named in the will as an executor is an applicant, the body of the deceased should be released to the executor;

(b) if a person specified under paragraph (a) is not an applicant, the body should be released to the senior next of kin;

(c) if there appear to be 2 or more applicants who are the senior next of kin of the deceased, the coroner should determine to whom the body is to be released having regard to any principles of common law relating to the release and disposal of a body of a deceased person;

(d) if no person referred to in paragraph (a) or (b) is an applicant, the coroner should determine to whom the body is to be released having regard to the principles of common law relating to the release and disposal of a body of a deceased person.

Notices and provision of information by principal registrar

49 Notices and provision of information by principal registrar

(1) The principal registrar must notify the Director of Public Prosecutions if the coroner investigating the death or fire believes an indictable offence may have been committed in connection with the death or fire.

(2) The principal registrar must notify the Registrar of Births, Deaths and Marriages, without delay, of the prescribed particulars found by the coroner following an investigation of a death.

(3) The principal registrar must notify the Consultative Council on Obstetric and Paediatric Mortality and Morbidity under the Public Health and Wellbeing Act 2008 of the particulars of—

(a) any maternal death within the meaning of section 46(3) of that Act reported to the coroner; or

(b) the death of a child reported to the coroner.

(4) The principal registrar must provide prescribed information to prescribed bodies.

Protection against self-incrimination

50 Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 32, 33, 34 or 42, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under section 32, 33, 34 or 42, if the production of the document would tend to incriminate the person.

Aid to coroners in other places

51 Aid to coroners in other places

The State Coroner may use any of the powers of a coroner under this Act to assist a coroner, or a person who performs a role that substantially corresponds to that of a coroner, of another country or of another State or Territory to investigate a death as if that death were a reportable death.

Part 5—Inquests into deaths and fires

Division 1—Types of inquests

52 Inquest into a death

(1) A coroner may hold an inquest into any death that the coroner is investigating.

S. 52(2) amended by No. 62/2014 s. 64(1).

(2) Subject to subsections (3) and (3A), a coroner must hold an inquest into a death if the death or cause of death occurred in Victoria and—

(a) the coroner suspects the death was the result of homicide; or

(b) the deceased was, immediately before death, a person placed in custody or care; or

(d) the death occurred in prescribed circumstances.

(3) The coroner is not required to hold an inquest in the circumstances set out in subsection (2) if—

(a) the coroner believes the death probably occurred more than 50 years before the death was reported to the coroner; or

(b) a person has been charged with an indictable offence in respect of the death being investigated by the coroner; or

(d) the death occurred outside Australia.

S. 52(3A) inserted by No. 62/2014 s. 64(2).

(3A) The coroner is not required to hold an inquest in the circumstances set out in subsection (2)(b) if the coroner considers that the death was due to natural causes.

S. 52(3B) inserted by No. 62/2014 s. 64(2).

(3B) For the purposes of subsection (3A), a death may be considered to be due to natural causes if the coroner has received a report from a medical investigator, in accordance with the rules, that includes an opinion that the death was due to natural causes.

S. 52(4) amended by No. 62/2014 s. 64(3).

(4) The circumstances set out in subsections (3) and (3A) do not limit the powers of a coroner to hold, adjourn or recommence an inquest*.*

(5) A person may request a coroner to hold an inquest into any death that the coroner is investigating.

(6) Within 3 months of receiving a request under subsection (5), the coroner must, in writing, advise the person who made the request that the coroner has—

(a) decided to hold an inquest; or

(b) decided that an inquest will not be held; or

(c) not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made.

Inquest into a fire

53 Inquest into a fire

(1) A coroner may hold an inquest into any fire that the coroner is investigating.

(2) A person may request a coroner to hold an inquest into any fire that the coroner is investigating.

(3) Within 3 months of receiving a request under subsection (2), the coroner must, in writing, advise the person who made the request that the coroner has—

(a) decided to hold an inquest; or

(b) decided that an inquest will not be held; or

(c) not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made.

Inquest into multiple deaths and fires

54 Inquest into multiple deaths and fires

A coroner may hold an inquest that investigates—

(a) 2 or more deaths; or

(b) 2 or more fires; or

Division 2—Powers of coroners at inquests

Coroners' powers at inquests

55 Coroners' powers at inquests

(1) A coroner may exercise the powers specified in this section if the coroner—

(a) believes it is necessary for the purposes of an inquest; or

(b) considers it may help to determine whether or not to hold an inquest.

(2) A coroner may—

(a) summon a person to attend as a witness or to produce any document or other materials;

(b) inspect, copy and, subject to this Act and the rules, hold for a reasonable period any thing produced at the inquest;

S. 55(2)(d) repealed by No. 58/2013 s. 38(1).

(e) give any other directions and do anything else the coroner believes necessary.

Note to s. 55(2) inserted by No. 58/2013 s. 38(2).

See Part 5 of the Open Courts Act 2013.

(3) A summons under subsection (2) must be in the prescribed form.

Interested party

56 Interested party

A coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that—

(a) the person has a sufficient interest in the inquest; and

(b) it is appropriate for the person to be an interested party.

Privilege in respect of self-incrimination in other proceedings

57 Privilege in respect of self-incrimination in other proceedings

(1) This section applies if a witness objects to giving evidence, or evidence on a particular matter, at an inquest on the ground that the evidence may tend to prove that the witness—

(a) has committed an offence against or arising under an Australian law or a law of a foreign country; or

(b) is liable to a civil penalty under an Australian law or a law of a foreign country.

(2) The coroner must determine whether or not there are reasonable grounds for the objection.

(3) If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform the witness—

(a) that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and

(b) that the coroner will give a certificate under this section if—

(i) the witness willingly gives the evidence without being required to do so under subsection (4); or

(ii) the witness gives the evidence after being required to do so under subsection (4); and

(4) The coroner may require the witness to give evidence if the coroner is satisfied that—

(a) the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and

(b) the interests of justice require that the witness give the evidence.

(5) If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must cause the witness to be given a certificate under this section in respect of the evidence.

(6) The coroner is also to cause a witness to be given a certificate under this section if—

(a) the objection has been overruled; and

(b) after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.

(7) In 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—

(a) evidence given by a person in respect of which a certificate under this section has been given; and

(b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

(8) Subsection (7) 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.

S. 58 substituted by No. 52/2012 s. 12.

58 Privileges in relation to inquests

Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to inquests.

59 Issue of warrant to arrest

(1) A coroner may issue a warrant to arrest a person if—

(a) the person was summoned by the coroner under section 55 and failed—

(i) to attend before the coroner; or

(ii) to produce the documents or other materials specified in the summons to the coroner; or

(b) the coroner is satisfied—

(i) that the person is avoiding service of the summons; or

(ii) that the person has been duly served with the summons but is unlikely to comply with it.

(2) In issuing a warrant under this section, the coroner may endorse the warrant with a direction that the person must, on arrest, be released on bail as specified in the endorsement.

S. 59(3) amended by No. 28/2023 s. 66(1).

(3) An endorsement under subsection (2) must fix the amounts in which the principal and the bail guarantors (if any) are bound and the amount of any money or the value of any security to be deposited.

(4) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested—

(a) to be released on bail in accordance with any endorsement on the warrant; or

(b) if there is no endorsement on the warrant, to be brought before the Coroners Court; or

(5) Matters may be proved under this section orally or by affidavit.

(6) Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued under this section as if any reference to the Magistrates' Court were a reference to a coroner or the Coroners Court.

S. 59(7) inserted by No. 28/2023 s. 66(2).

(7) In this section—

bail guarantor has the same meaning as in the Bail Act 1977.

Coroner may be assisted

60 Coroner may be assisted

A coroner may be assisted at an inquest by—

S. 60(a) amended by No. 37/2014 s. 10(Sch. item 30.5).

(a) a police officer; or

(b) an Australian lawyer; or

(d) another person appointed by the coroner.

Division 3—Process at inquest

Advertisement of an inquest

61 Advertisement of an inquest

A coroner must publish the date, time, place and subject of an inquest in accordance with the rules.

Coroner not bound by rules of evidence

62 Coroner not bound by rules of evidence

(1) A coroner holding an inquest is not bound by the rules of evidence and may be informed and conduct an inquest in any manner that the coroner reasonably thinks fit.

S. 62(2) substituted by No. 69/2009 s. 54(Sch. Pt 1 item 11.1).

(2) Parts II, IIA and III of the Evidence (Miscellaneous Provisions) Act 1958 do not apply to the Coroners Court.

S. 62(3) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 11.2).

(3) Except as otherwise provided in this Act, the Evidence Act 2008 does not apply to the Coroners Court.

Record of evidence

63 Record of evidence

S. 63(1) amended by No. 69/2009 s. 54(Sch. Pt 2 item 13).

(1) Oral evidence provided at an inquest must be recorded in accordance with section 131 of the Evidence (Miscellaneous Provisions) Act 1958.

S. 63(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 11.3).

(2) Except as provided in sections 65(3), 65(4) and 65(6) of the Evidence Act 2008, a record of evidence provided to the Coroners Court is not evidence in any court of any fact asserted in it.

Witnesses to be called and relevant issues

64 Witnesses to be called and relevant issues

The coroner holding the inquest determines—

(a) the witnesses to be called; and

(b) the relevant issues for the purposes of the inquest.

Inquest to be conducted with little formality

65 Inquest to be conducted with little formality

A coroner must conduct an inquest—

(a) with as little formality and technicality as the interests of justice permit; and

(b) in a way that, as far as is practicable, makes the inquest comprehensible to interested parties and family members who are present.

Rights of interested parties

66 Rights of interested parties

(1) An interested party may make a submission to the coroner specifying who the party considers to be a relevant witness and the coroner may consider that submission and determine whether that witness should be called.

(2) The Attorney-General may appear or be represented at an inquest, examine or cross-examine witnesses and make submissions.

(3) An interested party may appear or be represented by an Australian lawyer or, with the permission of the coroner, by any other person, and may examine or cross-examine witnesses and make submissions.

Part 6

Findings, recommendations and referrals

Part 6—Findings, recommendations and referrals

Findings of coroner investigating a death

67 Findings of coroner investigating a death

(1) A coroner investigating a death must find, if possible—

(a) the identity of the deceased; and

(b) the cause of death; and

(d) any other prescribed particulars.

(2) Whether it is possible or not, a coroner need not make a finding with respect to the circumstances in which a death occurred if—

(a) an inquest into the death was not held; and

(b) the coroner finds that—

(i) the deceased was not, immediately before the person died, a person placed in custody or care; and

(ii) there is no public interest to be served in making a finding regarding those circumstances.

(3) A coroner may comment on any matter connected with the death, including matters relating to public health and safety or the administration of justice.

Findings of coroner investigating a fire

68 Findings of coroner investigating a fire

A coroner investigating a fire must find, if possible—

(a) the cause and origin of the fire; and

(b) the circumstances in which the fire occurred.

Findings not to contain statement regarding guilt

69 Findings not to contain statement regarding guilt

(1) A coroner must not include in a finding or comment any statement that a person is, or may be, guilty of an offence.

(2) Subsection (1) does not apply to prevent the inclusion in a comment of a statement relating
to a notification to the Director of Public Prosecutions under section 49.

Apology or reduction or waiver of fees

70 Apology or reduction or waiver of fees

(1) In this section, apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgement of fault.

(2) In an investigation of a death or fire—

(a) an apology; or

(b) a reduction or waiver of fees payable for a service provided to the person who died—

does not constitute an admission as to any matter, for the purposes of findings that are made under section 67 or 68.

(3) Subsection (2) applies whether the apology or the reduction or waiver of fees is made—

(a) orally or in writing; or

(b) before or after the investigation commenced.

(4) Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.

Findings not required if inquest not held or discontinued

71 Findings not required if inquest not held or discontinued

A coroner is not required to make any of the findings specified in section 67 in respect of a death being investigated by the coroner if—

(a) the coroner has decided not to hold an inquest, or to discontinue an inquest, because a person has been charged with an indictable offence in respect of the death; and

(b) based on the decision specified in paragraph (a), the coroner considers that the making of the findings would be inappropriate in the circumstances.

Reports and recommendations

72 Reports and recommendations

(1) A coroner may report to the Attorney-General on a death or fire which the coroner has investigated.

(2) A coroner may make recommendations to any Minister, public statutory authority or entity on any matter connected with a death or fire which the coroner has investigated, including recommendations relating to public health and safety or the administration of justice.

(3) If a public statutory authority or entity receives recommendations made by the coroner under subsection (2), the public statutory authority or entity must provide a written response, not later than 3 months after the date of receipt of the recommendations, in accordance with subsection (4).

(4) A written response to the coroner by a public statutory authority or entity must specify a statement of action (if any) that has, is or will be taken in relation to the recommendations made by the coroner.

(5) The coroner must—

(a) publish the response of a public authority or entity on the Internet; and

(b) provide a copy of the response to any person—

(i) who has advised the principal registrar that they have an interest in the subject of the recommendations; and

(ii) who the principal registrar considers to have a sufficient interest in the subject of the recommendations.

Publication of findings and reports

73 Publication of findings and reports

(1) Unless otherwise ordered by a coroner, the findings, comments and recommendations made following an inquest must be published on the Internet in accordance with the rules.

Note to s. 73(1) inserted by No. 58/2013 s. 39(1).

See Part 3 of the Open Courts Act 2013.

S. 73(1A) inserted by No. 62/2014 s. 65.

(1A) Subject to subsection (1B), the findings, comments and recommendations made following an investigation may be published on the Internet in accordance with the rules.

S. 73(1B) inserted by No. 62/2014 s. 65.

(1B) A 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 Internet in accordance with the rules.

S. 73(2) repealed by No. 58/2013 s. 39(2), new s. 73(2) inserted by No. 19/2017 s. 44.

(2) Section 166 of the Family Violence Protection Act 2008 does not apply to the publication under subsection (1) or (1A) of any relevant information if a coroner reasonably considers it is in the public interest to allow the publication of that information.

S. 73(3) repealed by No. 58/2013 s. 39(2), new s. 73(3) inserted by No. 19/2017 s. 44.

(3) Section 534 of the Children, Youth and Families Act 2005 does not apply to the publication under subsection (1) or (1A) of any relevant information if—

(a) a coroner reasonably considers that it is in the public interest to allow the publication of the information; and

(b) no person likely to be identified by the publication of the information is a child.

S. 73(3A) inserted by No. 19/2017 s. 65(1).

(3A) This section applies in relation to publication of any relevant information relating to proceedings for the variation, extension or revocation of a non‑local DVO that is a recognised DVO or to an application under Part 7 of the National Domestic Violence Order Scheme Act 2016 relating to a non‑local DVO subject to—

(a) any law that applies to publication about the non-local DVO in the issuing jurisdiction; and

(b) any order relating to publication of the non‑local DVO made by a court of the issuing jurisdiction.

S. 73(4) inserted by No. 19/2017 s. 44, substituted by No. 19/2017 s. 65(2).

(4) In this section—

issuing jurisdiction has the same meaning as in the National Domestic Violence Order Scheme Act 2016;

non-local DVO has the same meaning as in the National Domestic Violence Order Scheme Act 2016;

recognised DVO has the same meaning as in the National Domestic Violence Order Scheme Act 2016;

relevant information means—

(a) a locality or any particulars or picture likely to lead to the identification of the particular venue of the court for proceedings under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016; or

(b) any particulars or picture likely to lead to the identification of any person—

(i) who is a party to, or a witness in, a proceeding under the Family Violence Protection Act 2008; or

(ii) who is the subject of an order under the Family Violence Protection Act 2008; or

(iii) who is a party to, or a witness in, a proceeding for the variation, extension or revocation of a non‑local DVO that is a recognised DVO or who is the subject of that non-local DVO; or

(iv) who is the applicant for a declaration under Part 7 of the National Domestic Violence Order Scheme Act 2016 or who is the subject of the non-local DVO in relation to which the application is made.

Power of coroner to award costs

74 Power of coroner to award costs

(1) Subject to subsection (2), every person appearing before the Coroners Court who is represented by an Australian lawyer is to bear their own costs in relation to the inquest.

(2) If, in a particular case, a coroner is of the opinion that a person (the first person) has acted unreasonably during an investigation or inquest, the coroner may order the first person to pay all, or a specified part, of the expenses (other than economic loss) reasonably incurred by another person (the second person)—

(a) as a result of the unreasonable actions of the first person; and

(b) that relate to the participation of the second person in the investigation or inquest.

(3) If a person is awarded costs under subsection (2), the costs may be recovered by the person as a debt due to the person in a court of competent jurisdiction.

S. 74A inserted by No. 69/2009 s. 54(Sch. Pt 1 item 11.4).

74A

Power of coroner to pay witness allowances and expenses

74A Power of coroner to pay witness allowances and expenses

If the coroner determines that a witness or an interpreter is entitled to payment of an allowance or reimbursement of expenses in relation to an inquest, the coroner may, in accordance with the rules, determine an amount to be paid to the witness or interpreter.

Legal protection of Australian lawyers, witnesses and interested parties

75 Legal protection of Australian lawyers, witnesses and interested parties

(1) An Australian lawyer assisting the coroner at an inquest or representing a person at an inquest has the same protection and immunity as an Australian lawyer has in appearing for a party in proceedings in the Supreme Court.

(2) A person summoned to attend an inquest or appearing before a coroner as a witness at an inquest has the same protection as a witness in proceedings in the Supreme Court.

(3) An interested party taking part in an inquest has the same protection as a party to proceedings in the Supreme Court.

Correction of errors

76 Correction of errors

The Coroners Court may correct any finding, recommendation or comment of a coroner that contains—

(a) a clerical mistake; or

(b) an error arising from an accidental slip or omission; or

(c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the findings, recommendations or comments; or

(d) a defect of form.

S. 76A inserted by No. 48/2018 s. 8.

76A

Amendment of wording of decision

76A Amendment of wording of decision

(1) The following persons may apply to the Coroners Court for the making of an amendment to the wording of a decision made by a coroner or the Coroners Court in relation to an investigation of a death—

(a) the senior next of kin of the deceased person;

(b) an interested party in relation to an inquest in respect of the death;

(i) the person has a sufficient interest in the investigation; and

(ii) it is appropriate for the person to be granted leave to make the application.

(2) The Coroners Court may order that the wording of the decision be amended in the manner specified in the order if satisfied that the amendment—

(a) would not be inconsistent with a finding under section 67(1) in relation to the investigation to which the decision relates; and

(b) would not require the investigation to be re‑opened; and

(c) does not appear to be prejudicial to a person (other than the applicant) who is an interested party in relation to an inquest in respect of the death; and

(d) is otherwise appropriate in all the circumstances.

(3) An application under subsection (1) must be made within 3 months after the date on which the decision was made.

(4) For the purposes of hearing an application made under this section, the Coroners Court must be constituted by the coroner who conducted the original investigation unless—

(a) the coroner who conducted the original investigation no longer holds the office of coroner; or

(b) there are special circumstances.

S. 77 (Heading) amended by No. 48/2018 s. 9(1).

Re-opening an investigation or setting aside a finding

77 Re-opening an investigation or setting aside a finding

(1) A person may apply to the Coroners Court for an order that some or all of the findings of a coroner after an investigation (whether or not an inquest has been held) should be set aside.

S. 77(2) substituted by No. 48/2018 s. 9(2).

(2) The Coroners Court, if satisfied that there are new facts and circumstances that make it appropriate to do so, may order that—

(a) some or all of the findings be set aside without re-opening the investigation; or

(b) some or all of the findings be set aside and the investigation be re-opened.

S. 77(3) substituted by No. 48/2018 s. 9(3).

(3) For the purposes of this section—

(a) "findings of a coroner" includes findings—

(i) under the Coroners Act 1958 of a person who was a coroner under that Act, despite the repeal of that Act; and

(ii) under the Coroners Act 1985 of a person who was a coroner under that Act, despite the repeal of that Act; and

(b) "investigation" and "inquest" includes an investigation or an inquest (as the case requires)—

(i) under the Coroners Act 1958 despite the repeal of that Act; and

(ii) under the Coroners Act 1985 despite the repeal of that Act.

S. 77(4) substituted by No. 48/2018 s. 9(3).

(4) If the Coroners Court under subsection (2)(b) sets aside findings and re-opens an investigation referred to in subsection (3), the investigation is to be conducted as an investigation under this Act.

S. 77(5) inserted by No. 48/2018 s. 9(3).

(5) Unless the specified circumstances in subsection (6) apply, a person must not apply to the Coroners Court under subsection (1) if an application based on the same, or substantially the same, grounds or evidence had been made and—

(a) in the case of an application to the Supreme Court under section 10 of the Coroners Act 1958, the Supreme Court refused to make an order under section 10 of that Act in relation to that application; or

(b) in the case of an application to the Supreme Court under section 59 of the Coroners Act 1985, the Supreme Court refused to make an order under section 59 of that Act in relation to that application; or

(c) in the case of an application to the State Coroner (within the meaning of the Coroners Act 1985) under section 59A of that Act, the State Coroner refused to make an order under section 59A of that Act in relation to that application; or

(d) in the case of an application under this section, the Coroners Court refused to make an order in relation to that application.

S. 77(6) inserted by No. 48/2018 s. 9(3).

(6) For the purpose of subsection (5), the specified circumstances are—

(a) the Supreme Court refused to make an order under section 10 of the Coroners Act 1958 because section 10 of that Act had been repealed at the time the application was made; or

(b) the Supreme Court refused to make an order under section 59 of the Coroners Act 1985 because section 59 of that Act had been repealed at the time the application was made; or

(c) the State Coroner (within the meaning of the Coroners Act 1985) refused or was not able to make an order under section 59A of that Act because section 59A of that Act had been repealed at the time the application was made; or

(d) the Coroners Court refused or was not able to make an order under this section because this section did not apply to findings, investigations or inquests made or determined under the Coroners Act 1958 or the Coroners Act 1985 at the time the application was made.

S. 77(7) inserted by No. 48/2018 s. 9(3).

(7) For the purposes of an application made under this section, the State Coroner must determine which coroner is to constitute the Coroners Court.

Part 7

Appeals to Supreme Court

Part 7—Appeals to Supreme Court

Appeal in relation to determination that death not a reportable death

78 Appeal in relation to determination that death not a reportable death

S. 78(1) amended by No. 48/2018 s. 10.

(1) If a coroner determines under section 16(1) or (1A) that a death is not a reportable death, the person who reported the death may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge.

S. 78(2) amended by No. 62/2014 s. 66.

(2) Subject to section 86, an appeal under this section must be made within 28 days after the day on which the determination of the coroner is made.

Appeals in relation to autopsy

79 Appeals in relation to autopsy

(1) If a coroner gives a direction, with or without conditions, that an autopsy be performed, the senior next of kin may appeal against that direction and any conditions that may have been imposed, to the Trial Division of the Supreme Court constituted by a single judge.

(2) An appeal under subsection (1) must be made before the direction takes effect.

(3) If a coroner refuses a request under section 27 for a direction that an autopsy be performed—

(a) the senior next of kin; or

(b) the person who requested the autopsy, where that person is not the senior next of kin—

may appeal against that refusal to the Trial Division of the Supreme Court constituted by a single judge.

(4) An appeal under subsection (3) must be made within 48 hours after the person receives notice of the refusal to perform an autopsy under section 27(2).

Appeal in relation to determination of coroner not to investigate a fire

80 Appeal in relation to determination of coroner not to investigate a fire

(1) If a coroner determines not to investigate a fire, the person who requested the coroner to investigate the fire may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge.

S. 80(2) amended by No. 62/2014 s. 67.

(2) Subject to section 86, an appeal under this section must be made within 28 days after the day on which the determination of the coroner is made.

Appeal in relation to exhumation

81 Appeal in relation to exhumation

(1) If the State Coroner notifies a person under section 46(3) of the authorisation of an exhumation, the senior next of kin and any other person who received notice under section 46(3) may appeal against the State Coroner's authorisation of the exhumation to the Trial Division of the Supreme Court constituted by a single judge.

(2) An appeal under subsection (1) must be made within—

(a) 48 hours; or

(b) any further period specified by the State Coroner under section 46(5)—

after the person receives notice of the State Coroner's authorisation of the exhumation under section 46(3).

(3) If the State Coroner refuses to authorise the exhumation of a body under section 46, a person who applied to the State Coroner for the authorisation may appeal against that refusal to the Trial Division of the Supreme Court constituted by a single judge.

(4) Subject to section 86, an appeal under subsection (3) must be made within 3 months after the refusal by the State Coroner.

Appeal in relation to determination not to hold an inquest

82 Appeal in relation to determination not to hold an inquest

(1) If a coroner determines not to hold an inquest into a death or fire, the person who requested the coroner to hold an inquest into the death or fire may appeal against the coroner's determination to the Trial Division of the Supreme Court constituted by a single judge.

(2) Subject to section 86, an appeal under this section must be made within 3 months after the day on which the determination of the coroner is made.

Note to s. 82 inserted by No. 62/2014 s. 68.

Appeal against findings of coroner

83 Appeal against findings of coroner

(1) A person with a sufficient interest in an investigation may appeal against the findings of a coroner in respect of a death or fire after an investigation to the Trial Division of the Supreme Court constituted by a single judge.

(2) An interested party may appeal against the findings of a coroner in respect of a death or fire after an inquest to the Trial Division of the Supreme Court constituted by a single judge.

(3) Subject to section 86, an appeal under this section must be made within 6 months after the day on which the determination of the coroner is made.

S. 84 (Heading) amended by No. 48/2018 s. 11(1).

Appeal against refusal by Coroners Court to re‑open investigation

84 Appeal against refusal by Coroners Court to re‑open investigation

(1) If the Coroners Court refuses to re-open an investigation under section 77, 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 constituted by a single judge.

S. 84(2) amended by Nos 62/2014 s. 69(1), 48/2018 s. 11(2).

(2) Subject to section 86, an appeal under this section must be made within 90 days after the refusal by the Coroners Court.

Note to s. 84 inserted by No. 62/2014 s. 69(2).

Appeal against order to release body

85 Appeal against order to release body

(1) A person who applied to have a body released to him or her under section 48 may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court constituted by a single judge.

(2) An appeal under this section must be made within 48 hours after the determination of the coroner is made.

Supreme Court may grant an extension of time

86 Supreme Court may grant an extension of time

The Supreme Court may grant leave to appeal out of time under section 78, 80, 81(3), 82, 83 or 84 if the Supreme Court—

(a) is of the opinion that the failure to institute the appeal within the specified period was due to exceptional circumstances; and

(b) is satisfied that granting the leave is desirable in the interests of justice.

S. 87 (Heading) amended by No. 62/2014 s. 70(1).

Appeal to Supreme Court

87 Appeal to Supreme Court

S. 87(1) amended by No. 62/2014 s. 70(2).

(1) Subject to section 87A, an appeal to the Supreme Court under this Part is an appeal on a question of law.

S. 87(1A) inserted by No. 48/2018 s. 12.

(1A) An appeal on a question of law includes an appeal on the grounds that the finding which is appealed is against the evidence and the weight of the evidence to such an extent that no reasonable coroner could have made the finding.

(2) Subject to this Part, an appeal under this Part must be brought in accordance with the rules of the Supreme Court.

(3) The Supreme Court may make an order staying the operation of a determination that is the subject of an appeal under this Part.

(4) Subject to section 88, after hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including an order remitting the matter for re‑hearing to the Coroners Court with or without any direction in law.

(5) An order made by the Supreme Court on an appeal under this Part, other than an order remitting the matter for re-hearing to the Coroners Court, may be enforced as an order of the Supreme Court.

S. 87A inserted by No. 62/2014 s. 71.

87A

Appeal to Supreme Court in the interests of justice

87A Appeal to Supreme Court in the interests of justice

(1) An appeal to the Supreme Court other than on a question of law may be made under section 82(1) in respect of a decision by a coroner to not hold an inquest into a death, or section 84(1) in respect of a refusal by the Coroners Court to re-open an investigation into a death, if the appeal is made by—

(a) the senior next of kin of the deceased; or

(b) a person with sufficient interest.

(2) The Supreme Court may allow an appeal under subsection (1) if it is satisfied that it is necessary or desirable in the interests of justice to do so.

Determinations of Supreme Court

88 Determinations of Supreme Court

(1) If an appeal under section 79(1), 79(3), 81(1), 81(3) or 85(1) is successful, the Supreme Court must not remit the matter to the Coroners Court and must, as appropriate—

(a) determine whether an autopsy should be performed, and if an autopsy is required—

(i) specify the conditions (if any) applying to that autopsy; and

(ii) direct a medical investigator to perform the autopsy; or

(b) determine whether a body should be exhumed and if the exhumation is required, the conditions (if any) of that exhumation; or

(2) The Supreme Court may make any other orders that the Court sees fit in respect of the matters specified in subsection (1).

Part 8—The Coroners Court

Division 1—Establishment of Coroners Court of Victoria

89 The Coroners Court

(1) The Coroners Court of Victoria is established.

S. 89(2) amended by No. 34/2010 s. 42(1).

(2) The Coroners Court consists of the coroners, judicial registrars and registrars of the Coroners Court.

(3) A coroner or registrar constitutes the Coroners Court when exercising functions under this Act other than functions under section 105.

S. 89(3A) inserted by No. 34/2010 s. 42(2).

(3A) Without limiting subsection (3), the Coroners Court may be constituted by a judicial registrar in the case of any matter for which provision is made by rules of the Coroners Court for—

(a) the Coroners Court to be so constituted; and

(b) the delegation to judicial registrars of powers of the Coroners Court to hear and determine such matters.

(4) The Coroners Court is an inquisitorial court.

Where and when Coroners Court to be held

90 Where and when Coroners Court to be held

(1) The Coroners Court is to sit at the places the Governor in Council, by Order published in the Government Gazette, directs.

(2) In addition to subsection (1), the Coroners Court may sit and act at any time and place.

State Coroner

91 State Coroner

(1) There is to be an office of State Coroner of the Coroners Court.

S. 91(2) amended by No. 5/2013 s. 58.

(2) The State Coroner must be a judge of the County Court (other than a reserve judge) who is appointed by the Governor in Council on the recommendation of the Attorney‑General made after consultation with the Chief Judge.

(3) The State Coroner holds office for the term (not exceeding 5 years) that is specified in his or her instrument of appointment and is eligible for re‑appointment.

(4) The appointment of a judge of the County Court as State Coroner does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(5) Service in the office of State Coroner must be taken for all purposes to be service in the office of judge of the County Court.

(6) Nothing in this Act prevents a judge of the County Court appointed as State Coroner from constituting the County Court for the purposes of the exercise by the County Court of any of its functions.

(7) The office of State Coroner becomes vacant if the State Coroner ceases to hold the office of judge of the County Court.

S. 91(8) amended by No. 63/2013 s. 50.

(8) At the end of a term of office of a State Coroner, the person who was State Coroner may continue to exercise the functions of a coroner for 6 months immediately after the completion of that term of office, if the person continues to be a judge within the meaning of the County Court Act 1958.

Deputy State Coroner

92 Deputy State Coroner

(1) There is to be an office of Deputy State Coroner of the Coroners Court.

S. 92(2) amended by No. 5/2013 s. 59.

(2) The Deputy State Coroner must be a magistrate (other than a reserve magistrate) who is appointed by the Governor in Council on the recommendation of the Attorney-General.

(3) The Deputy State Coroner must act as State Coroner during any period when—

(a) there is a vacancy in the office of State Coroner; or

(b) the State Coroner is absent on leave or for any reason is temporarily unable to perform the duties of the office of State Coroner.

(4) The Deputy State Coroner holds office for the term (not exceeding 5 years) that is specified in his or her instrument of appointment and is eligible for re-appointment.

S. 92(5) substituted by No. 29/2015 s. 87.

(5) The Deputy State Coroner is entitled to be paid the salary at the rate for the time being applicable under the Judicial Entitlements Act 2015 for that office.

S. 92(5A) inserted by No. 29/2015 s. 87.

(5A) The Deputy State Coroner is entitled to the allowances and the other conditions of service for the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) that are for the time being applicable under the Judicial Entitlements Act 2015 unless an entitlement certificate issued under that Act in relation to the office of Deputy State Coroner otherwise provides.

(6) A Deputy State Coroner who acts as State Coroner under subsection (3) has, during the period of acting as State Coroner, the same functions as the State Coroner.

(7) The appointment of a magistrate as Deputy State Coroner does not affect the tenure of office of the magistrate.

(8) The office of Deputy State Coroner becomes vacant if the Deputy State Coroner ceases to hold the office of magistrate of the Magistrates' Court.

S. 92(9) inserted by No. 29/2015 s. 49.

(9) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for any Deputy State Coroner; and

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any Deputy State Coroner; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any Deputy State Coroner; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any Deputy State Coroner; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any Deputy State Coroner.

S. 92(10) inserted by No. 29/2015 s. 49.

(10) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 93 (Heading) amended by No. 5/2013 s. 60(1).

Assignment of magistrates and reserve magistrates to be coroners

93 Assignment of magistrates and reserve magistrates to be coroners

S. 93(1) amended by No. 5/2013 s. 60(2).

(1) The State Coroner and Chief Magistrate may jointly assign any person who is appointed as a magistrate under section 7 of the Magistrates' Court Act 1989 or as a reserve magistrate to
be a coroner for the Coroners Court, whether exclusively or in addition to any other duties.

S. 93(2) amended by No. 5/2013 s. 60(3).

(2) In assigning a magistrate or reserve magistrate to be a coroner for the Coroners Court, the State Coroner and Chief Magistrate must have regard to the experience and knowledge of the magistrate or reserve magistrate in relation to coronial investigations, investigations into deaths and fires and the identification of preventative measures following such investigations.

S. 93(3) amended by Nos 34/2010 s. 4, 5/2013 s. 60(4).

(3) The State Coroner and Chief Magistrate may at any time jointly revoke the assignment of a magistrate or reserve magistrate as a coroner.

S. 93(4) amended by No. 5/2013 s. 60(5).

(4) Unless his or her assignment is revoked under subsection (3), a magistrate or reserve magistrate who is assigned to be a coroner continues to be a coroner for so long as he or she holds the office of magistrate or reserve magistrate under the Magistrates' Court Act 1989.

S. 93(5) inserted by No. 5/2013 s. 60(6).

(5) A reserve magistrate assigned under this section to be a coroner may only exercise powers of a coroner when the reserve magistrate is engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate.

S. 94 (Heading) amended by No. 63/2013 s. 83(1).

Appointment of coroners

94 Appointment of coroners

S. 94(1) amended by No. 63/2013 s. 83(2)(a).

(1) The Governor in Council, on the advice of the Attorney-General, may appoint as many coroners under this section as are necessary for transacting the business of the Coroners Court.

S. 94(2) amended by No. 63/2013 s. 83(2)(b).

(2) A person is not eligible for appointment as a coroner under this section unless he or she—

(a) has not attained the age of 75 years and is or has been a judge or magistrate of—

(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii) a court of Victoria or of another State or of a Territory; or

S. 94(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 21.2).

(b) has not attained the age of 70 years and is an Australian lawyer of at least 5 years' standing; or

S. 94(3) amended by No. 63/2013 s. 83(2)(c)(i).

(3) A coroner under this section—

S. 94(3)(a) amended by No. 63/2013 s. 83(2)(c)(ii).

(a) is eligible for reappointment as a coroner;

(b) ceases to hold office—

(i) at the end of 5 years from the date of his or her appointment; or

S. 94(3)(b)(ii) amended by No. 20/2015 s. 43.[1]

(ii) on attaining the age of 70 years or, in the case of a coroner referred to in subsection (2)(a) or (2)(c), 75 years—

whichever is sooner;

(c) may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office.

S. 94(4) amended by No. 63/2013 s. 83(2)(d).

(4) A coroner under this section may resign from the office of coroner by delivering a letter of resignation, signed by the coroner, to the Governor.

S. 94(5) amended by Nos 34/2010 s. 5, 63/2013 s. 83(2)(e), 29/2015 s. 50(2), 3/2016 s. 23.

(5) A coroner under this section is entitled to be paid the same salary and is entitled to the same allowances and other conditions of service as a magistrate and the superannuation contributions payable for the benefit of a magistrate.

S. 94(6) inserted by No. 29/2015 s. 50(3).

(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for any coroner under this section; and

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any coroner under this section; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any coroner under this section; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any coroner under this section; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any coroner under this section.

S. 94(7) inserted by No. 29/2015 s. 50(3).

(7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 95 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 30.1).

S. 95 amended by No. 6/2018 s. 68(Sch. 2 item 30.2).

Oath or affirmation of office

95 Oath or affirmation of office

A person appointed or assigned to be a coroner under this Act must, before acting as a coroner, take an oath or affirmation of office in the prescribed form and manner.

S. 95A inserted by No. 16/2016 s. 189.

95A

Administrative responsibility of State Coroner

95A Administrative responsibility of State Coroner

(1) The State Coroner is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

(2) The State Coroner has the power to do all things necessary or convenient to be done to perform the State Coroner's responsibilities under subsection (1).

(3) Nothing in this section limits the responsibilities, functions or powers of the State Coroner under this or any other Act.

Assignment of duties

96 Assignment of duties

(1) The State Coroner may assign duties to a coroner.

(2) A coroner must carry out the duties that are from time to time assigned to him or her by the State Coroner.

Registrars of the Coroners Court and the chief executive officer

97 Registrars of the Coroners Court and the chief executive officer

(1) For the purposes of this Act and to assist in the administration of the Coroners Court there are to be employed under Part 3 of the Public Administration Act 2004—

S. 97(1)(a) repealed by No. 1/2014 s. 74(1).

(b) a principal registrar; and

(2) Any person who for the time being holds the office of registrar or deputy registrar of the Magistrates' Court also holds the office of registrar or deputy registrar (as the case requires) of the Coroners Court.

S. 97(3) repealed by No. 1/2014 s. 74(2).

Functions of registrars

98 Functions of registrars

A registrar has the following functions in addition to those conferred on him or her by or under this or any other Act—

(a) on behalf of a coroner, to receive information about a death or fire that a coroner is investigating;

S. 98(b) amended by No. 6/2018 s. 68(Sch. 2 item 30.3(a)).

(b) to administer an oath or affirmation to a person in relation to a death or fire that a coroner is investigating;

S. 98(c) amended by No. 6/2018 s. 68(Sch. 2 item 30.3(b)).

(d) any functions prescribed by the rules or regulations.

Delegation from the State Coroner to a registrar

99 Delegation from the State Coroner to a registrar

(1) The State Coroner may, by instrument, delegate functions prescribed in the rules or regulations as delegable functions of the State Coroner or a coroner to a specified registrar or class of registrar.

(2) The following functions of the State Coroner or a coroner are not functions that can be prescribed as delegable functions—

(a) the power of delegation under subsection (1);

(b) the power of delegation under section 100;

(d) ordering an exhumation;

S. 99(2)(e) substituted by No. 63/2013 s. 84.

(e) ordering that a body be released;

(f) ordering an inquest;

(g) conducting an inquest;

(h) making findings or reviewing findings;

(i) ordering a person to pay costs under section 74;

(j) assigning duties to a coroner under section 96;

(k) assigning a magistrate or acting magistrate to be coroner or revoking the assignment;

(l) making rules or issuing practice directions, statements or notes;

(m) exercising a power under section 103;

(n) giving a direction under section 108;

(o) being a member of the Council.

100

Delegation from State Coroner to a coroner

100 Delegation from State Coroner to a coroner

(1) The State Coroner may, by instrument, delegate to a coroner any of his or her functions other than—

(a) this power of delegation;

(b) the power of delegation under section 99;

(d) assigning a magistrate or acting magistrate to be a coroner or revoking the assignment;

(e) making rules or issuing practice directions, statements or notes;

(f) giving a direction under section 108.

(2) The State Coroner may, by instrument, delegate to the Deputy State Coroner any of his or her functions other than the powers of delegation under section 99 and this section.

101

Protection of coroners and registrars

101 Protection of coroners and registrars

(1) A coroner has, in the performance of his or her duties as a coroner, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.

S. 101(2) amended by No. 64/2010 s. 61.

(2) A registrar has, in the performance of his or her duties as a registrar in good faith, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.

S. 101A inserted by No. 63/2013 s. 85.

101A

Constitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances

101A Constitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances

(1) Despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Coroners Court constituted by a coroner may be exercised or performed by the Coroners Court constituted by any other coroner if the Coroners Court cannot for any reason be constituted by that first mentioned coroner.

(2) For the avoidance of doubt, for the purpose of completion of any matter whether under section 102S or otherwise, the Coroners Court may be constituted or continue to be constituted by a reserve coroner who is a coroner without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.

102 Annual report

(1) As soon as practicable in each year but not later than 31 October, the State Coroner must submit to the Attorney-General a report containing—

(a) a review of the operation of the Coroners Court during the 12 months ending on the preceding 30 June; and

S. 102(1)(ab) inserted by No. 19/2017 s. 45.

(ab) a review of the operation of the VSRFVD during that period; and

(b) any other matters that are prescribed by the regulations.

(2) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before each House of Parliament within 7 sitting days after receiving it.

S. 102AA inserted by No. 33/2018 s. 69.

102AA Coroners Court may issue or transmit court documents electronically

(1) Any order, determination or other document that the Coroners Court, a coroner, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication.

(2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication.

Example

If an Act or other law requires or permits the Coroners Court to sign or seal a document, the Coroners Court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand.

(3) Nothing in this section—

(a) limits the Coroners Court, a coroner, a judicial registrar or a registrar from issuing or providing any order, determination or other document in paper form; or

(b) affects or limits any practice, procedure or rules that provide for electronic processes in the Coroners Court; or

(d) limits any other power of the Coroners Court, a coroner, a judicial registrar or a registrar.

Pt 8 Div. 1A (Heading and ss 102A–102K) inserted by No. 34/2010 s. 43.

Div 1A

Judicial registrars

Division 1A—Judicial registrars

S. 102A inserted by No. 34/2010 s. 43.

102A

Assignment of duties

102A Assignment of duties

(1) The State Coroner or Deputy State Coroner may assign duties to a judicial registrar.

(2) A judicial registrar must—

(a) carry out the duties that are from time to time assigned to him or her by the State Coroner or the Deputy State Coroner, as the case requires; and

(b) subject to section 89(3A), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the rules.

S. 102B inserted by No. 34/2010 s. 43.

102B

Guidelines relating to the appointment of judicial registrars

102B Guidelines relating to the appointment of judicial registrars

(1) The State Coroner, in consultation with the Attorney-General may—

S. 102B(1)(a) amended by No. 62/2014 s. 101.

(a) prepare guidelines relating to the appointment (including re‑appointment) of judicial registrars of the Coroners Court; and

(b) from time to time amend or revoke any guidelines prepared under paragraph (a).

(2) As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the State Coroner must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.

S. 102C inserted by No. 34/2010 s. 43.

102C

Recommendations for appointment of judicial registrars

102C Recommendations for appointment of judicial registrars

(1) The State Coroner may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Coroners Court be appointed by the Governor in Council.

(2) In making a recommendation under subsection (1), the State Coroner must have regard to any guidelines in force under section 102B(1).

(3) On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Coroners Court be appointed under section 102D.

S. 102D inserted by No. 34/2010 s. 43.

102D

Appointment by Governor in Council

102D Appointment by Governor in Council

(1) On the recommendation of the Attorney-General under section 102C, the Governor in Council may appoint a person as a judicial registrar of the Coroners Court for the period, not exceeding 5 years, specified in his or her instrument of appointment.

S. 102D(2) amended by No. 17/2014 s. 160(Sch. 2 item 21.3(a)).

(2) A person is not eligible for appointment as a judicial registrar unless he or she is, and has been for not less than 5 years——

S. 102D(2)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 21.3(b)).

(a) an Australian lawyer; or

S. 102D(2)(b) substituted by No. 17/2014 s. 160(Sch. 2 item 21.3(b)).

(b) enrolled as a legal practitioner of the High Court of Australia.

(3) A judicial registrar may be appointed on a full‑time or part-time basis.

(4) A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the State Coroner, undertake the duties of a judicial registrar on a part-time basis.

S. 102D(5) amended by No. 62/2014 s. 102.

(5) A judicial registrar is eligible for re‑appointment in accordance with section 102C and this section if the State Coroner recommends to the Attorney‑General that the person be re‑appointed.

(6) The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.

S. 102E inserted by No. 34/2010 s. 43.

102E

Remuneration and terms and conditions of appointment

102E Remuneration and terms and conditions of appointment

S. 102E(1) amended by No. 29/2015 s. 51(1).

(1) A judicial registrar is entitled to the terms and conditions including remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.

S. 102E(2) repealed by No. 29/2015 s. 51(2).

(3) Except with the approval of the Attorney-General, a judicial registrar must not—

(a) engage in legal practice; or

(b) undertake paid employment; or

(4) A judicial registrar must disclose to the State Coroner in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.

(5) Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.

S. 102E(6) inserted by No. 29/2015 s. 51(3).

(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar.

S. 102E(7) inserted by No. 29/2015 s. 51(3).

(7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 102E(8) inserted by No. 62/2014 s. 103.

(8) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced.

S. 102EA inserted by No. 62/2014 s. 104.

102EA Oath or affirmation of office

(1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner.

(2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial registrar on or after the commencement of section 104 of the Courts Legislation Miscellaneous Amendments Act 2014.

(3) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a judicial registrar.

S. 102F inserted by No. 34/2010 s. 43.

102F

Resignation from office

102F Resignation from office

A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.

Ss 102G–102I inserted by No. 34/2010 s. 43, repealed by No. 16/2016 s. 190.

S. 102J inserted by No. 34/2010 s. 43.

102J

Performance of duties by judicial registrar

102J Performance of duties by judicial registrar

(1) A judicial registrar—

(a) must not determine, or continue to determine, a matter that the judicial registrar considers for any reason inappropriate for determination by the Coroners Court constituted by a judicial registrar; and

(b) must make appropriate arrangements for the matter to be determined by the Coroners Court constituted by a coroner.

(2) Subject to this Act and the rules of the Coroners Court, a judicial registrar, in the performance of his or her duties as a judicial registrar, is not subject to the direction or control of any person or body.

(3) In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.

S. 102K inserted by No. 34/2010 s. 43, substituted by No. 62/2014 s. 105.

102K

Appeal from or review of decisions of judicial registrar

102K Appeal from or review of decisions of judicial registrar

(1) The rules may provide for appeals from or reviews of a decision of the Coroners Court constituted by a judicial registrar—

(a) whether in respect of specified kinds of matters or generally; and

(b) by specifying whether decisions are by way of appeal or review; and

(2) The powers in subsection (1) are in addition to and do not limit any power to make rules under section 105.

(3) Unless the rules otherwise provide, a decision of the Coroners Court constituted by a judicial registrar may be appealed from or reviewed on the Coroner's Court's own motion.

(4) If the rules do not provide for an appeal from or a review of a decision of the Coroners Court constituted by a judicial registrar, the decision is to be subject to a review or an appeal conducted—

(a) by way of hearing de novo by the Coroners Court constituted by a coroner; and

(b) otherwise in accordance with the rules, if any.

Pt 8 Div. 1B (Heading and ss 102L–102S) inserted by No. 63/2013 s. 51.

Div 1B

Reserve coroners

Division 1B—Reserve coroners

S. 102L inserted by No. 63/2013 s. 51.

102L

Appointment of reserve coroners

102L Appointment of reserve coroners

(1) The Governor in Council may appoint as many reserve coroners as are necessary for transacting the business of the Coroners Court.

(2) A person is not eligible for appointment as a reserve coroner unless he or she—

(a) has not attained the age of 78 years; and

(b) is, or has been, a coroner appointed under section 94 or deemed to be a coroner under clause 16 of Schedule 1.

(3) The instrument of appointment of a person as a reserve coroner must specify the terms and conditions of appointment.

(4) A reserve coroner is eligible for re‑appointment as a reserve coroner.

S. 102M inserted by No. 63/2013 s. 51.

102M

Cessation of office

102M Cessation of office

(1) A reserve coroner ceases to hold office on the earlier of—

(a) the end of 5 years from the date of his or her appointment as a reserve coroner; or

(b) attaining the age of 78 years.

(2) A reserve coroner may resign by sending his or her resignation in writing to the Governor.

(3) A reserve coroner may only be removed from office in the same way and on the same grounds as a coroner is liable to be removed from office.

S. 102N inserted by No. 63/2013 s. 51.

102N

State Coroner may engage reserve coroner to undertake duties of coroner

102N State Coroner may engage reserve coroner to undertake duties of coroner

(1) The State Coroner may, from time to time, by notice in writing, engage a reserve coroner to undertake the duties of a coroner—

(a) on a full time basis; or

(b) on a sessional basis.

(2) Without limiting subsection (1), an engagement under that subsection—

(a) may specify the duties that a reserve coroner is to undertake; and

(b) must specify the period of the engagement.

(3) The State Coroner does not have the power to revoke or amend a notice of engagement under subsection (1).

(4) An engagement under subsection (1) must not exceed 6 months.

(5) For the purpose of deciding whether, when, or on what basis to engage a reserve coroner to undertake duties, the State Coroner may request the reserve coroner to provide any information that the State Coroner considers may be relevant to enable a decision to engage to be made.

S. 102O inserted by No. 63/2013 s. 51.

102O

Powers, jurisdiction, immunities and protection of reserve coroner

102O Powers, jurisdiction, immunities and protection of reserve coroner

Subject to this Act, a reserve coroner has the same powers, jurisdiction, immunities and protection as a coroner when undertaking the duties of a coroner in accordance with an engagement under section 102N.

S. 102P inserted by No. 63/2013 s. 51.

102P

Engaging in legal practice or other paid employment

102P Engaging in legal practice or other paid employment

(1) Except with the approval of the State Coroner, a reserve coroner must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a coroner under section 102N or acting under section 102S.

(2) Except with the approval of the State Coroner, a reserve coroner must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve coroner receives remuneration while engaged to undertake the duties of a coroner under section 102N or acting under section 102S.

S. 102Q (Heading) amended by No. 29/2015 s. 88(1).

S. 102Q inserted by No. 63/2013 s. 51.

102Q

Salary, allowances and other conditions of service of reserve coroners

102Q Salary, allowances and other conditions of service of reserve coroners

S. 102Q(1) substituted by No. 29/2015 s. 88(2).

(1) Each reserve coroner engaged to undertake the duties of a coroner under section 102N is entitled to be paid a salary in accordance with the rate for the time being applicable for the office of reserve magistrate under the Judicial Entitlements Act 2015.

S. 102Q(2) substituted by No. 29/2015 s. 88(2).

(2) Each reserve coroner engaged to undertake the duties of a coroner under section 102N is entitled to the allowances and other conditions of service for the office of reserve magistrate that are for the time being applicable under the Judicial Entitlements Act 2015.

S. 102Q(3)–(9) repealed by No. 29/2015 s. 88(3).

S. 102Q(10) amended by No. 29/2015 s. 88(4).

(10) Despite subsection (1), a reserve coroner who is also a serving coroner of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.

S. 102Q(11) repealed by No. 29/2015 s. 88(3).

S. 102R inserted by No. 63/2013 s. 51, amended by No. 29/2015 s. 52 (ILA s. 39B(1)).

102R

Appropriation of certain amounts in relation to reserve coroners

102R Appropriation of certain amounts in relation to reserve coroners

(1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve coroners; and

(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve coroner; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve coroner; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve coroner; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve coroner.

S. 102R(2) inserted by No. 29/2015 s. 52.

(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 102S inserted by No. 63/2013 s. 51.

102S

Power to complete matters—coroners and reserve coroners

102S Power to complete matters—coroners and reserve coroners

(1) This section applies to—

(a) a coroner whose assignment under section 93 ceases;

(b) a reserve coroner engaged under section 102N whose engagement expires;

(i) whose engagement expires; and

(ii) whose appointment as a reserve coroner ceases, other than by way of resignation;

(d) a coroner appointed under section 94 who ceases to hold office—

but only if at the time of that cessation or expiry the coroner or reserve coroner had a matter—

(e) that was part-heard before him or her; or

(f) in respect of which his or her determination, recommendation or referral is pending.

(2) Subject to subsection (4), a former coroner, reserve coroner or former reserve coroner to whom this section applies may make any finding, recommendation or referral or complete or otherwise continue to deal with any matters relating to any investigation or inquiry that the former coroner, reserve coroner or former reserve coroner (as the case may be)—

(a) has heard, or partly heard before the cessation of his or her assignment or expiry of his or her engagement; or

(b) in respect of which a finding, recommendation or referral by the former coroner, reserve coroner or former reserve coroner is pending.

(3) For the purposes of subsection (2)—

(a) a reserve coroner to whom this section applies whose engagement has expired is taken to be engaged under section 102N; and

(b) a former coroner or former reserve coroner to whom this section applies—

(i) holds office as a reserve coroner by virtue of this section as if he or she had been appointed under section 102L; and

(ii) is taken to be a reserve coroner engaged under section 102N; and

(c) section 102Q does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve coroner for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment of a person under this section ceases on the earlier of—

(a) the completion of the matters referred to in subsection (2); or

(b) 6 months from the date of that appointment or engagement; or

(d) the person being appointed under section 102L as a reserve coroner.

(5) A person to whom this section applies may resign his or her office as reserve coroner under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve coroner under section 102L at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 101A.

Pt 8 Div. 1C (Heading
and ss 102T–102W) inserted by No. 19/2017 s. 43.

Div 1C

Victorian Systemic Review of Family Violence Deaths unit

Division 1C—Victorian Systemic Review of Family Violence Deaths unit

S. 102T inserted by No. 19/2017 s. 43.

102T

Definitions

102T Definitions

In this Division—

family violence has the same meaning as in the Family Violence Protection Act 2008.

S. 102U inserted by No. 19/2017 s. 43.

102U

Establishment of the VSRFVD

102U Establishment of the VSRFVD

The Victorian Systemic Review of Family Violence Deaths unit is established.

S. 102V inserted by No. 19/2017 s. 43.

102V

Membership of the VSRFVD

102V Membership of the VSRFVD

The VSRFVD consists of—

(a) the State Coroner; and

(b) any other persons appointed by the State Coroner.

S. 102W inserted by No. 19/2017 s. 43.

102W

Functions of the VSRFVD

102W Functions of the VSRFVD

The VSRFVD has the following functions—

(a) to examine deaths suspected to have resulted from family violence;

(b) to identify risks and contributory factors associated with deaths resulting from family violence;

(d) to identify trends and patterns in responses to family violence;

(e) to provide coroners with information obtained through the exercise of the VSRFVD's functions described in paragraphs (a), (b), (c) and (d).

Division 2—Contempt of Court

103

Contempt

103 Contempt

(1) A person is guilty of contempt of the Coroners Court if the person—

S. 103(1)(a) amended by No. 34/2010 s. 44.

(a) wilfully fails to comply with a summons or order of a coroner or a judicial registrar; or

(b) insults an officer of the Coroners Court while that officer is performing functions as an officer of the Coroners Court; or

(d) misbehaves at or interrupts an inquest; or

S. 103(1)(e) amended by No. 34/2010 s. 44.

(e) obstructs or hinders a person from complying with an order of a coroner or a judicial registrar or a summons to attend the Coroners Court; or

(f) does any other act that would, if the Coroners Court were the Supreme Court, constitute contempt of that Court.

(2) If it is alleged or appears to a coroner that a person is guilty of contempt of the Coroners Court, the coroner may—

(a) if the person is in the Coroners Court or in the precinct of the Coroners Court, by oral order direct that the person be arrested and brought before the Coroners Court; or

(b) issue a warrant for his or her arrest in the prescribed form.

(3) Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued
under this section as if any reference to the Magistrates' Court were a reference to a
coroner or the Coroners Court.

(4) On the person being brought before the Coroners Court, the coroner must cause the person to be informed of the contempt with which he or she is charged and may adopt any procedure that the coroner thinks fit.

(5) The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Coroners Court under this section as if the person were accused of an offence and were being held in custody in relation to that offence.

(6) On the hearing of a charge for contempt, a coroner must be satisfied of the person's guilt on proof beyond reasonable doubt.

(7) If the coroner finds that the person is guilty of contempt of the Coroners Court, the coroner may—

(a) in the case of a natural person, commit the person to a prison for a term of not more than 12 months or impose a fine of not more than 120 penalty units;

S. 103(7)(b) amended by No. 34/2010 s. 6(b).

(b) in the case of a corporation, impose a fine of not more than 600 penalty units.

(8) If a person is committed to prison for a term, the coroner may order his or her discharge before the end of the term.

(9) A coroner may accept an apology for a contempt and may remit any punishment for it either wholly or in part.

(10) Despite section 62, a coroner is bound by the rules of evidence in exercising a power under this section.

104

Appeal from finding of contempt

104 Appeal from finding of contempt

S. 104(1) amended by No. 68/2009 s. 97(Sch. item 30.1(a)).

(1) A person who is committed to prison or fined under section 103 may, with the leave of the Court of Appeal, appeal to the Court of Appeal in accordance with Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 against the punishment as if—

(a) the person were a person convicted on indictment in the Trial Division of the Supreme Court; and

S. 104(1)(b) amended by No. 68/2009 s. 97(Sch. item 30.1(b)).

(b) the punishment imposed were the sentence imposed on their conviction.

S. 104(2) amended by No. 68/2009 s. 97(Sch. item 30.2).

(2) Under section 310 of the Criminal Procedure Act 2009, the Court of Appeal may, if it thinks fit, on the application of a person who has been committed to prison under section 103 and who has appealed under subsection (1), admit the person to bail pending the determination of his or her appeal.

S. 104(3) amended by No. 68/2009 s. 97(Sch. item 30.3).

(3) The time within which an appeal may be made under this section may be extended by the Court of Appeal under section 313 of the Criminal Procedure Act 2009.

Division 3—Rules of Court and practice notes

105

Rules of the Coroners Court

105 Rules of the Coroners Court

(1) The State Coroner, together with 2 or more coroners, may jointly make rules of the Coroners Court for or with respect to—

(a) forms;

(b) any matter relating to the practice and procedure of the Coroners Court, including the manner of making applications to a coroner and the recording of determinations;

S. 105(1)(baa) inserted by No. 33/2018 s. 70.

(baa) electronic communication and electronic processes in the Coroners Court, including, but not limited to—

(i) applications by electronic means, electronic filing and electronic service of documents in any matter under this Act; and

(ii) the transmission and issuing of orders, determinations and other documents by electronic communication; and

(iii) use of electronic signatures and seals;

S. 105(1)(ba) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 11.5).

(ba) any matter relating to payment of allowances or reimbursement of expenses of witnesses and interpreters;

S. 105(1)(bb) inserted by No. 62/2014 s. 72.

(bb) the manner of making a waiver under section 26(2)(b) and the recording of such of a waiver;

(d) the investigation of a death or fire;

(e) the publication of when an inquest is to occur, including how those details are to be published and what the publication must include;

(f) the collection, use, disclosure and transfer of information;

S. 105(1)(fa) inserted by No. 58/2013 s. 40(1).

(fa) any other matter or thing required or permitted by or under the Open Courts Act 2013 to be dealt with by rules of the Coroners Court or otherwise necessary or required for the purposes of that Act;

S. 105(1)(g) amended by No. 37/2014 s. 10(Sch. item 30.5).

(g) the custody, care, control, return or disposition of a thing (including a document) or sample seized, taken or received by a police officer or the Coroners Court under this Act;

(h) the service of documents;

(i) the publishing of coronial findings, comments and recommendations;

S. 105(1)(j) amended by No. 34/2010 s. 45(1).

(j) the performance of functions by the State Coroner, coroners, judicial registrars and registrars;

S. 105(1)(ja) inserted by No. 34/2010 s. 45(2).

(ja) the prescription of the matters or class of matters which may be dealt with by the Coroners Court constituted by a judicial registrar;

S. 105(1)(jb) inserted by No. 34/2010 s. 45(2), amended by No. 58/2013 s. 40(2).

(jb) delegating to the judicial registrars all or any of the powers of the Coroners Court specified by the Rules in relation to matters prescribed under paragraph (ja), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Coroners Court other than powers under sections 16, 17, 18, 19, 20, 24, 25, 27, 28, 30, 31, 37, 38, 39, 40, 41, 43, 44, 45, 46, 48, 52, 53, 59, 67, 68, 72, 73(1), 74, 77, 103, 105, 107, 114 and 115;

S. 105(1)(jc) inserted by No. 34/2010 s. 45(2).

(jc) reviews of, and appeals from, the Coroners Court constituted by a judicial registrar;

(k) any other matter relating to the practice or procedure of the Coroners Court that is required or permitted to be prescribed by the rules or that is necessary to be prescribed by the rules for the purposes of this Act.

(2) Rules of the Coroners Court may—

S. 105(2)(a) amended by No. 34/2010 s. 45(3)(a).

(a) require a matter affected by the rules to be approved by or to the satisfaction of a coroner, judicial registrar or registrar or class of coroner, judicial registrar or registrar;

S. 105(2)(b) amended by No. 34/2010 s. 45(3)(b).

(b) confer a discretionary authority or impose a duty on a coroner, a judicial registrar or a registrar or class of coroner, judicial registrar or registrar;

(c) provide in a specified case or class of case for the exemption of an investigation or inquest or a class of investigation or inquest from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to any extent that is specified.

(3) A power conferred by this Act to make rules of the Coroners Court may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, in respect of the cases in relation to which it is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or a different provision for different cases or classes of case, or a different provision for the same case or class of case for different purposes; or

(ii) any provision either conditionally or subject to any specified condition.

S. 105(4) inserted by No. 5/2013 s. 61.

(4) In this section, "coroner" does not include a reserve magistrate.

106

Disallowance

106 Disallowance

The rules are subject to disallowance by a House of the Parliament.

107

Practice notes

107 Practice notes

(1) The State Coroner may from time to time issue practice directions, statements or notes for the Coroners Court in relation to investigations and hearings of the Court.

(2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with any provision made by or under this or any other Act.

Division 4—Miscellaneous

108

Professional development and training

108 Professional development and training

(1) The State Coroner is responsible for directing the professional development and continuing education and training of coroners and
registrars.

(2) In discharging his or her responsibility under subsection (1) the State Coroner may direct—

S. 108(2)(a) amended by No. 34/2010 s. 46(a).

(a) all coroners, registrars or judicial registrars; or

S. 108(2)(b) amended by No. 34/2010 s. 46(b).

(b) a specified class of coroner, registrar or judicial registrar; or

S. 108(2)(c) amended by No. 34/2010 s. 46(b).

to participate in a specified professional development activity or education and training activity.

(3) A direction under subsection (2) may be given orally or in writing.

(4) A direction made by the State Coroner under subsection (2), in respect of a coroner who is a magistrate or acting magistrate, must be given jointly with the Chief Magistrate.

S. 108A inserted by No. 31/2013 s. 18.

108A

State Coroner may enter into service agreements

108A State Coroner may enter into service agreements

The State Coroner, on behalf of the Coroners Court, may enter into an agreement with a person or body for the provision by the person or body of services to the Court to support the operations of the Court.

Part 9

Coronial Council of Victoria

Part 9—Coronial Council of Victoria

109

Coronial Council of Victoria

109 Coronial Council of Victoria

The Coronial Council of Victoria is established.

110

Function of the Council

110 Function of the Council

(1) The function of the Council is to provide advice, and make recommendations, to the Attorney-General either—

(a) of its own motion; or

(b) at the request of the Attorney-General.

(2) Advice and recommendations prepared under subsection (1) must be in respect of—

(a) issues of importance to the coronial system in Victoria;

(b) matters relating to the preventative role played by the Coroners Court;

(d) any other matters relating to the coronial system that are referred to the Council by the Attorney-General.

111

Members of the Council

111 Members of the Council

(1) The Council consists of—

(a) the State Coroner; and

S. 111(1)(b) amended by No. 34/2024 s. 49.

(b) the Chief Executive Officer of the Institute; and

(d) 5 to 7 other members appointed by the Governor in Council on the recommendation of the Attorney-General.

(2) A member of the Council appointed under subsection (1)(d)—

(a) holds office for the term, not exceeding 3 years, that is specified in his or her instrument of appointment; and

(b) is eligible for re-appointment; and

(d) is entitled to the remuneration and allowances specified in the instrument of appointment and to be reimbursed for expenses.

(3) The Governor in Council, on the recommendation of the Attorney-General, must appoint a member appointed under subsection (1)(d) to be the Chairperson of the Council.

112

Procedure at meetings

112 Procedure at meetings

(1) The Chairperson or, in his or her absence, a member of the Council elected by the members present at a meeting, must preside at a meeting of the Council.

(2) The person presiding at the meeting must ensure that decisions made at the meeting, including any recommendations, are recorded in writing.

(3) 5 members constitute a quorum of the Council.

(4) Subject to this section, the Council may otherwise regulate its own procedure.

113

Annual report

113 Annual report

(1) As soon as practicable each year but not later than 31 October, the Council must submit to the Attorney-General a report—

(a) of its operations for the year ending on 30 June that year; and

(b) that includes any prescribed matter.

(2) The Attorney-General must cause each annual report submitted to him or her under this section to be presented to each House of Parliament within 7 sitting days of that House after receiving it.

Part 10

General

Part 10—General

114

Return and possession of things

114 Return and possession of things

(1) This section does not apply to tissue samples or other material that may be removed from a body.

S. 114(2) amended by No. 37/2014 s. 10(Sch. item 30.5).

(2) Subject to the rules, a coroner must make orders for the custody, care, control, return or disposition of each thing (including a document) or sample seized, taken or received by a police officer or the Coroners Court under this Act.

(3) Without limiting subsection (2), an order made by a coroner under that subsection may provide—

(a) that the thing or sample must stay in the possession of the Coroners Court; or

(b) if the thing or sample is required for the purposes of a criminal investigation or prosecution and the Chief Commissioner of Police applies to a coroner for the thing or sample, that the thing or sample is to be given to the Chief Commissioner of Police for the duration of the investigation and any prosecution; or

115

Access to documents

115 Access to documents

S. 115(1) substituted by No. 62/2014 s. 73(1).

(1) Unless otherwise ordered by the coroner, the principal registrar must—

(a) provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying—

(i) that reports have been given to a coroner as a result of a medical examination performed on the deceased; and

(ii) that the senior next of kin may request copies of those reports; and

(iii) the manner in which the senior next of kin may request copies of those reports; and

(b) if an inquest is to be held, provide an interested party with a copy of the coronial brief.

(2) A coroner may also release a document to—

(a) an interested party if the coroner is satisfied that the party has a sufficient interest in the document;

(b) a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;

S. 115(2)(c) amended by No. 37/2014 s. 10(Sch. item 30.5).

(d) a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;

(e) any person if the coroner is satisfied that the release is in the public interest;

(f) a person specified in the rules as being a person to whom documents may be released.

(3) A coroner may impose conditions on the release of any document under subsection (1) or (2).

(4) A person to whom a document has been released under this section must comply with any condition placed on that release.

(5) A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.

(6) A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.

S. 115(7) amended by Nos 62/2014 s. 73(2)(a), 3/2016 s. 106.

(7) In this section, coronial brief means a brief of evidence that is prepared for a coronial investigation and contains the following (if available)—

(a) a statement of identification by an appropriate person;

(b) any reports given to a coroner as a result of a medical examination;

S. 115(7)(c) amended by No. 62/2014 s. 73(2)(b).

(c) reports and statements that the coroner investigating the death or fire believes are relevant to a coronial investigation;

S. 115(7)(d) amended by No. 62/2014 s. 73(2)(c).

(d) other evidentiary material that the coroner investigating the death or fire believes is relevant to the coronial investigation;

(e) any material prescribed by the rules or the regulations.

S. 115(8) amended by No. 62/2014 s. 73(3).

(8) For the purposes of subsection (7), a coronial brief does not include any part of a medical file that the coroner considers to be irrelevant to the coronial investigation.

116

Registers to be kept by principal registrar

116 Registers to be kept by principal registrar

(1) The principal registrar must keep the following registers—

S. 116(1)(a) amended by No. 37/2014 s. 10(Sch. item 30.6).

(a) a register of authorisations issued by coroners to police officers to investigate deaths under section 39;

S. 116(1)(b) amended by No. 37/2014 s. 10(Sch. item 30.6).

(b) a register of authorisations issued by coroners to police officers to investigate fires under section 39;

(d) a register of certificates given to witnesses under section 57;

S. 116(1)(e) amended by No. 34/2010 s. 6(c), repealed by No. 58/2013 s. 41.

(f) any other register prescribed by the regulations.

(2) A register kept under this section must be in the prescribed form.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Coroners Act 2008

Version No. 043

Coroners Act 2008

No. 77 of 2008

Version incorporating amendments as at
1 July 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

4 Reportable death 13

5 Reviewable death 15

Part 2—Objectives 17

6 Role of objectives 17

7 Avoiding unnecessary duplication 17

8 Factors to consider for the purposes of this Act 17

9 Fairness and efficiency of coronial system 18

Part 3—Reporting of deaths 19

10 Obligation of registered medical practitioner to report death 19

11 Obligation to report death of a person placed in custody or care 19

12 General obligation to report death 20

13 Obligation to report reviewable death 20

Part 4—Investigation of deaths and fires 22

Division 1—Investigation of deaths 22

14 Deaths a coroner may investigate 22

15 Deaths a coroner must investigate 22

15A Power to direct coronial investigator 22

16 Determination by coroner that reported death not a reportable death 23

16A Investigations and Aboriginal ancestral remains 24

17 Certain reportable deaths do not require investigation 24

18 Reviewable deaths may be referred to the Institute 25

19 State Coroner may investigate a reviewable death 26

20 Determination by State Coroner that death not a reviewable death 26

21 Providing relevant persons with coronial process information 26

22 Control of the body 27

23 Preliminary examinations 27

24 Identification directions 28

25 Autopsies 28

26 Objections to autopsy 29

27 Request for autopsy 30

28 The removal of tissue and preserving material 31

29 Provision of relevant information by principal registrar 31

29A Principal registrar to provide certain information to VIFM 32

Division 2—Investigation of fires 33

30 Fire authority request for fire investigation 33