121 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
The amendment made to section 105 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the
validity or operation of any rules made under that section as in force immediately before that amendment.
commencement day means the day on which section 13 of the Justice Legislation Amendment Act 2023 comes into operation.
(2) On and after the commencement day, a coroner may issue a direction under section 15A to a coronial investigator in relation to an investigation into a reportable death—
(a) irrespective of whether the coronial investigator was nominated before, on or after the commencement day; and
(b) irrespective of whether the coronial investigation was commenced before, on or after the commencement day.
Pt 11 (Heading) repealed by No. 29/2011 s. 3(Sch. 1 item 18.3).
Pt 11 Div. 1 (Heading and ss 120–128) repealed by No. 77/2008 s. 128.
Pt 11 Div. 2 (Heading and ss 129, 130) repealed by No. 77/2008 s. 130.
Schedules
Schedule 1—Saving and transitional provisions
1 Definitions
In this Schedule—
commencement day means 1 November 2009;
new Act means the Coroners Act 2008;
old Act means the Coroners Act 1985 as in force on 31 October 2009.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.
(3) This Schedule applies despite anything to the contrary in any other provision of the new Act.
3 Superseded reference
(1) On and from the commencement day, a reference to the old Act in any Act or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the new Act unless—
(a) the reference is to Part 9 of the old Act; or
(b) the context otherwise requires.
(2) On and from the commencement day, a reference to Part 9 of the old Act in any Act, or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the Victorian Institute of Forensic Medicine Act 1985.
(3) In this clause, a reference to "any Act" does not include a reference to this Act or a provision of the Coroners Act 1985 continued by this Act.
4 Re-enacted provisions
A provision or provisions of the old Act specified in Column 1 of the Table are deemed to be re‑enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table.
A medical investigator may perform a preliminary examination under the new Act on a body that was provided to the medical investigator under the old Act before the commencement day to enable an examination of the body to be performed.
6 Directions made under old Act
On and from the commencement day, directions made by—
(a) the Attorney-General under sections 17(1), 25(2), 31(2) and 34 of the old Act; or
Sch. 1 cl. 6(b) amended by No. 34/2010 s. 6(d).
(b) the State Coroner under the sections 15A, 16, 17(1), 24, 33 or 34(2) of the old Act—
cease to have effect unless clause 7 applies.
7 Inquest commenced under old Act
(1) Subject to clause 10, if the hearing of an inquest has begun under the old Act and the inquest is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the inquest.
(2) Despite subclause (1), the findings of an inquest completed under that subclause are deemed to be findings made under section 67 or 68 (as appropriate) of the new Act.
(3) If, on and from the commencement day, an inquest is to proceed under this clause as if the new Act has not commenced, the old Act is to be read as follows—
(a) a reference to a coroners clerk is to be read as a reference to a registrar within the meaning of the new Act;
(b) a reference to a coroner is to be read as a reference to a coroner within the meaning of the new Act;
(c) a reference to the State Coroner is to be read as a reference to the State Coroner within the meaning of the new Act;
(d) a reference to the Deputy State Coroner is to be read as a reference to the Deputy State Coroner within the meaning of the new Act.
8 Applications commenced under old Act
(1) Subject to clause 10, if a hearing of an application to the Supreme Court has begun under section 18, 28, 29, 30, 35, 59 or 59B of the old Act and the application is not completed before the commencement day, the old Act continues to apply on and from the commencement day to the application.
(2) Despite subclause (1), the determination of the application by the Supreme Court under that subclause is deemed to be a determination of the Supreme Court under section 87 of the new Act.
9 Documents
(1) Documents held by the State Coroner's Office immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court.
(2) Documents on a coroner's file or record (within the meaning of section 51 of the old Act) immediately before the commencement day are, on and from the commencement day, deemed to be held by the Coroners Court.
(3) Any other documents held by a coroner immediately before the commencement day are, on and from the commencement day, deemed to be documents held by the Coroners Court.
(4) This clause does not apply to documents relating to—
(a) an inquest being heard under clause 7; or
(b) an application being heard under clause 8—
until the inquest is completed or the application is determined.
10 Release of documents on coroner's existing file to be subject to new Act
Despite clauses 7 and 8, on and from the commencement day, documents on a coroner's file or record within the meaning of section 51 of the old Act may only be released in accordance with—
(a) the new Act; or
(b) a law other than section 51 of the old Act.
11 Release of body
A certificate issued by a coroner under section 23 of the old Act is, on and from the commencement day, taken to be an order made by a coroner under section 47 of the new Act.
12 Objections to autopsy
On and from the commencement day—
(a) a request under section 29(1) of the old Act is taken to be a request under section 26(2) of the new Act;
(b) a notice under section 29(1) of the old Act is taken to be a notice under section 26(3) of the new Act.
13 Exhumations
Subject to clause 8, on and from the commencement day, an order made under section 30 of the old Act is taken to be an authorisation under section 46 of the new Act.
Section 121 - Coroners Act 2008 - Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 | Zoe