On and from the commencement day, section 114 of the new Act applies to any thing taken into possession under section 26 of the old Act and still in the possession of a coroner immediately before the commencement day.
15 State Coroner and Deputy State Coroner
(1) A judge of the County Court who held the office of State Coroner immediately before the commencement day—
(a) holds, on and from the commencement day, the office of State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and
(b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act.
(2) A magistrate who held the office of Deputy State Coroner immediately before the commencement day—
(a) holds, on and from the commencement day, the office of Deputy State Coroner under the new Act on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act; and
(b) is, on and from the commencement day, deemed to have taken an oath of office under section 95 of the new Act.
16 Coroners
(1) Any person who was a magistrate or acting magistrate and who held the office of coroner immediately before the commencement day is, on and from the commencement day, deemed—
(a) to be a coroner jointly assigned by the State Coroner and Chief Magistrate under section 93 of the new Act; and
Sch. 1 cl. 16(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 30.4).
(b) to have taken an oath or affirmation of office under section 95 of the new Act.
(2) Any person who was not a magistrate or acting magistrate and held the office of coroner immediately before commencement day is, on and from the commencement day, deemed—
(a) to be a coroner within the meaning of this Act; and
(b) to hold the office of coroner on the same terms and conditions as those specified in his or her instrument of appointment referred to in section 9 of the old Act as if the new Act had not commenced; and
Sch. 1 cl. 16(2)(c) amended by No. 6/2018 s. 68(Sch. 2 item 30.4).
(c) to have taken an oath or affirmation of office under section 95 of the new Act.
17 Depositions
For the purposes of section 55AB of the Evidence Act 1958, any deposition taken by a coroner under section 15 of the Coroners Act 1958 or section 57 of the old Act is, on and from the commencement day, taken to be a deposition taken by a coroner under section 63 of the new Act.
18 Consultative Council on Obstetric and Paediatric Mortality and Morbidity
If section 44 of the Public Health and Wellbeing Act 2008 is not in operation on the commencement day, section 49 of this Act applies until the commencement of that section 44 as if—
(a) a reference to the Public Health and Wellbeing Act 2008 were a reference to the Health Act 1958; and
(b) a reference to section 46(3) of the Public Health and Wellbeing Act 2008 were a reference to section 162F(1)(a) of the Health Act 1958.
19 Regulations dealing with transitional matters
The Governor in Council may make regulations in relation to any matters of a savings or transitional nature that may arise out of the enactment of this Act or amendments made by this Act.
Sch. 1 cl. 20 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 11.6).
20 Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1) If an investigation or inquest has commenced but is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—
(a) this Act as in force immediately before that commencement continues to apply to the investigation or inquest on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and
(b) the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the investigation or inquest.
(2) If the hearing of an inquest referred to in clause 7(1) or the hearing of an application referred to in clause 8(1) is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—
(a) the old Act as in force immediately before that commencement continues to apply to the hearing of the inquest or application on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and
(b) the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the inquest or application.
(1) If an investigation has commenced but is not completed immediately before the commencement of section 11 of the 2012 Act, the amendment made to this Act by that section applies to the investigation on and from that commencement.
(2) If the hearing of an inquest has commenced
but is not completed immediately before the commencement of section 12 of the 2012 Act, this Act applies to the hearing of the inquest on and from that commencement as if the amendment made by that section were not in force.
(3) If an investigation is re-opened under section 77(2) after the commencement of sections 11 and 12 of the 2012 Act, and there has previously been an inquest in relation to the investigation to which section 58 as substituted by section 12 of the 2012 Act did not apply, this Act applies to the re‑opened investigation as if sections 11 and 12 of the 2012 Act were not in force.
(4) In this clause, 2012 Act means the Evidence Amendment (Journalist Privilege) Act 2012.
Sch. 1 cl. 22 inserted by No. 58/2013 s. 42.
22 Savings—Open Courts Act 2013
(1) Despite the repeal of section 55(2)(d) by the Open Courts Act 2013, an order made under section 55(2)(d) (as in force immediately before its repeal) and in force at the date of that repeal continues to apply on and after that repeal.
(2) Despite the repeal of section 73(2) and (3) by the Open Courts Act 2013, section 73(2) and (3) (as in force immediately before their repeal) continue to apply on and after that repeal in relation to a proceeding commenced to be heard (but not determined) by the Coroners Court before that repeal.
(1) Sections 4, 16, 17 and 78, as amended by the Justice Legislation Miscellaneous Amendment Act 2018, apply irrespective of when the death to which those sections apply occurred or was reported to a coroner.
(2) Section 76A applies to any decision, whether the decision was made before, on or after the commencement of that section.
(3) Section 77, as amended by the Justice Legislation Miscellaneous Amendment Act 2018, applies to an application made under that section to the Coroners Court—
(a) on and after the commencement of section 9 of that Act; and
(b) before the commencement of section 9 of that Act if the application has not been determined by the Coroners Court before that commencement.
(4) Section 84(2), as amended by the Justice Legislation Miscellaneous Amendment Act 2018, applies to an appeal against a refusal to re-open an investigation under section 77, whether the refusal was made before, on or after the commencement of that amendment.
Sch. 2 repealed by No. 77/2008 s. 130.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 October 2008
Legislative Council: 13 November 2008
The long title for the Bill for this Act was "A Bill for an Act to require the reporting of certain deaths, to provide for the investigation of deaths and fires by coroners in certain circumstances with the intention of finding the causes of deaths and fires and contributing to the reduction of the number of preventable deaths and fires, to establish the Coroners Court of Victoria and the Coronial Council of Victoria, to amend the Coroners Act 1985 to repeal the provisions relating to coroners and to rename that Act to continue to provide for the Victorian Institute of Forensic Medicine, to make consequential amendments to other Acts and for other purposes."
The Coroners Act 2008 was assented to on 11 December 2008 and came into operation on 1 November 2009: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Coroners Act 2008 by Acts and subordinate instruments.
| Assent Date: | 9.9.14 |
| Commencement Date: | Ss 61–67, 69(1), 72, 74, 101–105 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1; ss 68, 69(2), 70, 71 on 1.1.15: Special Gazette (No. 376) 21.10.14 p. 1; s. 73 on 1.9.15: s. 2(3) |
| Assent Date: | 5.4.16 |
| Commencement Date: | Ss 138–140 on 1.8.16: s. 2(2) |
Judicial Commission of Victoria Act 2016, No. 16/2016
| Assent Date: | 19.4.16 |
| Commencement Date: | Ss 189, 190 on 1.7.17: s. 2(2) |
Family Violence Protection Amendment Act 2017, No. 19/2017
| Assent Date: | 16.5.17 |
| Commencement Date: | Ss 42–45 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1; s. 65 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
Voluntary Assisted Dying Act 2017, No. 61/2017
| Assent Date: | 5.12.17 |
| Commencement Date: | S. 121 on 19.6.19: s. 2(2) |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 30) on 1.3.19: s. 2(2) |
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
| Assent Date: | 14.8.18 |
| Commencement Date: | Ss 69–71 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1 |
| Assent Date: | 25.9.18 |
| Commencement Date: | Ss 8, 9, 11, 12, 14 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1; ss 5–7, 10, 13 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1 |
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
| Assent Date: | 2.7.19 |
| Commencement Date: | Ss 149–151 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |
Mental Health and Wellbeing Act 2022, No. 39/2022
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 799–801 on 1.9.23: s. 2(2) |
S. 94(3)(b)(ii): The amendment proposed by section 50(1) (repealed) of the Judicial Entitlements Act 2015, No. 29/2015 is not included in this publication as the words "an acting" do not appear in section 94(3)(b)(ii).
Section 50(1) read as follows:
50 Appointment of coroners
(1) In section 94(3)(b)(ii) of the Coroners Act 2008 for "an acting" substitute "a". ↑