88Determinations 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

(c) determine to whom a body should be released and the terms or conditions (if any) of that release.

(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.