51Aid 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

(c) the identity of the deceased is unknown; 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

(c) an interstate coroner has investigated, is investigating, or intends to investigate, the death; 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