77 Evidence of expenses etc. to be produced
The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar—
(a) in the case of Rule 73(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation;
(b) in the case of Rule 73(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses;
(c) in the case of Rule 74, evidence that the witness was absent from their home by reason of attendance at the Coroners Court at the relevant times;
(d) in the case of Rule 75, evidence of the expenditure or cost incurred by the witness;
(e) in the case of Rule 76(1), evidence of the cost of the most economical form of transport.
Order 11—Access to documents
78 Access to documents
(1) For the purposes of section 115(2)(f) of the Act, a coroner may release a document to any person if the coroner is satisfied that the person has a sufficient interest in the document.
(2) A person or a statutory body specified in section 115(2) of the Act may apply to a coroner for release of a document.
(3) An application under paragraph (2) must be in Form 45.
(4) For the purposes of section 115(1) or (2) of the Act, a coroner may order that the release of a document is subject to the conditions placed on that release.
(5) An order made under paragraph (4) must be in Form 46.
Form 1—Affidavit of service
Rule 24
AFFIDAVIT OF SERVICE
I, [name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s):
[describe the document(s) served]
-
by leaving it with them personally at [address]
-
by delivering it to their place of residence to [name] a person apparently over the age of 16 years and residing there at [address]
-
by delivering it to their place of business to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business at [address]
-
by posting it by prepaid ordinary post at [address] in an envelope addressed to them at their address for service at [address]
-
by leaving it at [address]
-
by sending it by post to the registered office of that corporation at [address]
-
by posting it by registered post at [address] in an envelope addressed to them at their address for service at [address]
-
by giving to [name] at [address]
-
by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address]
on [day of week], the day of 20 at *a.m./ *p.m.
| *SWORN/*AFFIRMED at: _____________ [place]<br>in the State of Victoria on: _____________ [date] | _________________<br>Signature of person making affidavit |
Before me: __________________________
Signature of person witnessing affidavit
authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.
[Name and address in legible writing, typing or stamp]
Form 2—Determination by Coroner that reported death is not a reportable death
Rule 27(1)
Determination by Coroner that Reported Death is not a Reportable Death
-
On [date], [full name of reporting person], *[position], *[organisation] reported the death of:
-
[full name of deceased], *born [date of birth]/*aged [age];
-
who died *on or about/*on/*between [date of death];
-
at [place of death], [state], [postcode].
-
Having investigated the death, I determine that the death is not a reportable death under section *16(1)/*16(1A) of the Coroners Act 2008 ('the Act') because:
*****the death is not a reportable death described in section 4 of the Act;
*****the death is a reportable death described in section *4(2)(h)/ *4(2)(i) of the Act but is not otherwise a death described in section 4(2) of the Act;
-
I discontinue the investigation into the death under section 16(3) of the Act.
-
*I direct that a copy of this determination be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 78 of the Coroners Act 2008 ('the Act'), the person who reported the death that is determined by a coroner not to be a reportable death may appeal to the Trial Division of the Supreme Court. An appeal under section 78 of the Act must be made within 28 days after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 2A—Determination by coroner that death probably occurred more than 100 years before it was reported
Rule 27(2)
Determination by coroner that death probably occurred more than 100 years before it was reported
- On [date], [name of reporting person], *[position], *[organisation] reported the death of:
(a) [name of deceased], *born [date of birth]/*aged [age];
(b) who died *on or about/*on/*between [date of death];
(c) at [place of death], [state], [postcode].
- I determine the death probably occurred more than 100 years before the death was reported to the Coroners Court, because:
(a) the cogency and consistency of all evidence relevant to the death supports such a finding.
(b) [specify any additional reasons].
- I discontinue the investigation into the death under section 16(5) of the Coroners Act 2008.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 3—Finding into death and determination to discontinue investigation
Rule 28
FINDING INTO DEATH AND Determination TO DISCONTINUE INVESTIGATION
- Having investigated the death of [name of deceased], and without having held an inquest, I find under section 67(1) of the Coroners Act 2008 ('the Act'):
(a) the identity of the deceased is [name of deceased], *born [date of birth]/*aged [age];
(b) the death occurred *on or about/*on/*between [date of death], at [location of death, state, postcode]; and
(c) the cause of death was:
1(a)
1(b)
1(c)
- I determine to discontinue an investigation under section 17 of the Act because:
(a) other than the death being unexpected, the death was not a death referred to in section 4(2)(a) of the Act; and
(b) the death is not a death referred to in section 4(2)(b), (c), (d), (e), (f), (g) or (j) of the Act; and
(c) a medical investigator conducted a medical examination and provided a report that included an opinion that the death was due to natural causes; and
(d) the death is not a reviewable death.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 4—Referral of reviewable death to the Victorian Institute of Forensic Medicine
Rule 29
REFERRAL OF REVIEWABLE DEATH to the victorian institute Of forensic medicine
-
I refer the death of [name of deceased], *born [date of birth]/
*aged [age] to the Victorian Institute of Forensic Medicine under section 18(1) of the Coroners Act 2008.
-
I consider 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 1985*.*
Form 5—Decision not to refer reviewable death to the Victorian Institute of Forensic Medicine
Rule 30
DECISION not to refer reviewable death to the Victorian Institute of Forensic Medicine
-
I have decided to investigate the death of [name of deceased], *born [date of birth]/*aged [age] that is or may be a reviewable death without referring the death to the Victorian Institute of Forensic Medicine, as I consider it is necessary and appropriate to do so under section 19(1) of the Coroners Act 2008 ('the Act').
-
I direct a copy of this decision be provided to the Victorian Institute of Forensic Medicine, under section 19(2) of the Act.
Form 6—Determination that death is not a reviewable death
Rule 31
Determination that Death is not a reviewable Death
- On [date], [name of reporting position], *[position], *[organisation] reported the death of:
(a) [name of deceased], *born on [date of birth]/*aged [age];
(b) who died *on or about/*on/*between [date of death];
(c) at [place of death], [state], [postcode].
-
I determine the death is not a reviewable death under section 20(1) of the Coroners Act 2008 ('the Act'), because:
-
I discontinue the investigation into the death, under section 20(3) of the Act.
Form 7—Identification direction
Rule 34
Identification Direction
- I direct [name of medical investigator], medical investigator, to perform [specify procedure] on the *body/*remains of the deceased as I consider it is necessary for identifying the deceased person.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 8—Determination by coroner of identity of deceased
Rule 35(5)
DETERMINATION BY CORONER OF IDENTITY OF DECEASED
- Having considered the following information available to me at this time
🞏 Police report of death (Police Form 83)
🞏 Report of Medical Investigator
🞏 VIFM admission photograph of the deceased
🞏 VIFM identification report
🞏 Statement of Identification
🞏 Fingerprint report
🞏 Scientist's report of the results of DNA comparison/analysis
🞏 Medical Certificate of Cause of Death
🞏 Initial Family Contact Log
🞏 Clinical records of [please specify]
🞏 Police report as to circumstances (Police Form 47)
🞏 Other: [please specify]
I find that the identity of the deceased is [name of deceased], *born [date of birth]/*aged [age], because:
(a) *[specify reasons]; and
(b) the cogency and consistency of all evidence relevant to identification of the deceased supports such a finding.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 9—Direction regarding autopsy
Rule 36
Direction REGARDING Autopsy
- In respect of the death of [name of deceased], *born [date of birth]/*aged [age], having considered the following information available to me at this time:
🞏 Police report of death (Police Form 83)
🞏 Report of Medical Investigator
🞏 VIFM admission photograph of the deceased
🞏 VIFM identification report
🞏 Statement of Identification
🞏 Fingerprint report
🞏 Scientist's report of the results of DNA comparison/analysis
🞏 Medical Certificate of Cause of Death
🞏 Initial Family Contact Log
🞏 Clinical records of [please specify]
🞏 Police report as to circumstances (Police Form 47)
🞏 Request for autopsy from [please specify]
🞏 Other: [please specify]
AND having consulted with, and sought advice from, the medical investigator in relation to identifying the cause of death and having noted:
🞏 the following specific concerns raised by the senior next of kin prior to making this direction:
🞏 that it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located;
🞏 that the person making the request for an autopsy direction is the senior next of kin;
🞏 that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin;
I DIRECT that the medical investigator:
🞏 perform an autopsy
OR
🞏 perform an autopsy, on the following conditions under section 25(3) of the Coroners Act 2008 ('the Act'):
[specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy]
OR
🞏 not perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
OR
🞏 not perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is not appropriate to give the autopsy direction even though a reasonable medical cause of death cannot be established because:
[please specify reasons]
- I direct that the following test(s) be performed or material(s) be removed from the body under section 25(3)(b) of the Act:
🞏 Nil Toxicology
🞏 Full Routine Toxicology (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Carboxyhaemoglobin saturation (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Microbiology (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Blood Alcohol Saturation (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Other [please specify] (🞏 Ante Mortem 🞏 Post Mortem).
- I direct the autopsy be performed:
🞏 after the expiry of the 48-hour period notice under section 26(4) of the Act. The calculation of the 48 hours commences at the time of notification to the senior next of kin;
OR
🞏 immediately because the senior next of kin has confirmed that they consent to the autopsy proceeding immediately and will not appeal to the Supreme Court against the direction that an autopsy be performed under section 26(5)(b) of the Act;
OR
🞏 immediately without giving notice to the senior next of kin under section 26(5)(a)(i) of the Act because I believe it is appropriate in the circumstances;
OR
🞏 immediately without giving notice to the senior next of kin under section 26(5)(a)(ii) of the Act because there is no senior next of kin or the next of kin cannot be located.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>*STATE CORONER/*DEPUTY STATE CORONER/*CORONER<br>Date: | |
NOTE: Under section 26 of the Coroners Act 2008 ('the Act'), within 48 hours after receiving notice of a direction to perform an autopsy, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed.
Under section 79 of the Act, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Trial Division of the Supreme Court, before the direction takes effect.
Form 10—Determination by Coroner following a request to reconsider a direction that an autopsy be performed
Rule 38
DETERMINATION BY CORONER FOLLOWING A REQUEST TO RECONSIDER A DIRECTION THAT AN AUTOPSY BE PERFORMED
- On [date], [name of senior next of kin], senior next of kin, asked me to reconsider the direction that an autopsy be performed upon the body of [name of deceased], *born [date of birth]/*aged [age], under section 26(2)(a) of the Coroners Act 2008 ('the Act'). [name of senior next of kin] had specific concerns that:
[specify concerns]
- Having considered the concerns raised by the senior next of kin, and having consulted with and sought advice from *the Victorian Institute of Forensic Medicine/*a medical investigator, I have determined that:
🞏 the autopsy is necessary for the investigation of the death and it is appropriate to give the autopsy direction;
🞏 the autopsy is not necessary for the investigation of the death and it is not appropriate to give the autopsy direction;
🞏 it is not appropriate to give the autopsy direction even though a reasonable medical cause of death cannot be established;
because:
[specify reasons—e.g. religious, cultural, preference of deceased]
- *It is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
- I *affirm/*amend/*revoke my previous direction for autopsy dated [date of direction], and direct that the medical investigator:
🞏 perform an autopsy
OR
🞏 perform an autopsy, on the following conditions under section 25(3) of the Act:
[specify conditions, e.g. limited to the chest and abdominal cavities or full autopsy]
OR
🞏 not perform an autopsy but provide a report based on the preliminary examination of the medical investigator, as it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
OR
🞏 not perform an autopsy but provide a report based on the preliminary examination of the medical investigator.
- *I direct that the following test(s) be performed or material(s) be removed from the body under section 25(3)(b) of the Act:
🞏 Nil Toxicology
🞏 Full Routine Toxicology (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Carboxyhaemoglobin saturation (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Microbiology (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Blood Alcohol Saturation (🞏 Ante Mortem 🞏 Post Mortem)
🞏 Other [please specify] (🞏 Ante Mortem 🞏 Post Mortem).
-
*I direct that the autopsy be performed after the expiry of the 48‑hour period notice under section 26(4)(b)(i) of the Act. The calculation of the 48 hours commences at the time of written notification of this determination to the senior next of kin.
-
I direct a copy of this determination be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Trial Division of the Supreme Court, before the direction takes effect.
Form 11—Notice of decision to refuse request for autopsy
Rule 39
NOTICE OF DECISION TO REFUSE request for Autopsy
-
I have been asked by [name of applicant] to direct that an autopsy be performed upon the body of [name of deceased], *born [date of birth]/*aged [age], whose body is within my control under section 27(1) of the Coroners Act 2008 ('the Act').
-
Having considered the request, and having consulted with and sought advice from *the Victorian Institute of Forensic Medicine/
*a medical investigator, I have decided to refuse the request because:
(a) [specify reasons];
(b) *the autopsy is not necessary for the investigation of the death;
(c) *it is not appropriate to give the direction;
(d) *it is my opinion that a reasonable medical cause of death can be established as being:
1(a)
1(b)
1(c)
- I direct a copy of this decision be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 79 of the Coroners Act 2008, if a coroner refuses a person's request for an autopsy, the person may appeal to the Trial Division of the Supreme Court within 48 hours after the person receives notice of the refusal.
Form 12—Advice to Coroner regarding preservation of tissue or material
Rule 40(3)
ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL
- I, [name of medical investigator], request the coroner make a direction to enable the following *tissue(s)/*material(s) to be preserved from the body of [name of deceased] *born [date of birth]/*aged [age]:
[specify tissue and/or material]
-
It is my opinion that the removal and preservation of the *tissue(s)/
*material(s) specified above is necessary as it appears to bear on the *cause or circumstances of the death/*the identity of the deceased person because:
-
I anticipate the duration for preservation will be approximately *day(s)/*week(s)/*months(s) [if different durations, please specify below]:
[specify tissue, material and duration of preservation]
- *It is my opinion that the following restrictions should be placed on the release of the *tissue(s)/*material(s):
[specify restrictions]
Signature of Medical Investigator:
[insert medical investigator's name]
Time:
Form 13—Direction to preserve tissue or material
Rule 40(4)
direction to preserve tissue or material
-
On [date], [name of medical investigator] requested that I make a direction to enable *tissue(s)/*material(s) to be preserved from the body of [name of deceased], born [date of birth]/**aged [age].
-
I direct [name of medical investigator] *to preserve/*not to preserve the *tissue(s)/*material(s) as set out in the written advice dated [insert date of advice] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in the written advice *because:
-
The *tissue/*material referred to in paragraph 1 above is to be preserved for *day(s)/*week(s)/*month(s) [if different durations are required for different tissues/materials, specify below], and under the restrictions and conditions set out below:
(a) [specify tissue/material and duration]
(b) [specify restrictions/conditions].
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 14—Request for release of preserved tissue or material
Rule 41(3)
REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL
- I, [name and title of medical investigator or registrar], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin of [name of deceased], *born [date of birth]/*aged [age], request that the following tissue(s)/material(s) be released following the medical examination, without the body:
[specify the tissue(s)/material(s)]
- *I request the tissue(s)/material(s) be released to *the senior next of kin/*the nominated funeral director, [name of funeral director] to *cremate/*bury/*other method of disposal [please specify];
*I request the tissue(s)/material(s) be released to the Victorian Institute of Forensic Medicine to *cremate, and reunite the ashes with the other ashes/*cremate, and scatter the ashes at the Bunurong Memorial Park/*bury/*other method of disposal [please specify].
- *I have informed the senior next of kin of the Coroner's direction to impose restrictions in relation to the tissue(s)/material(s) because of public health and safety concerns or in the interests of justice.
Signature of staff member:
[insert staff member's name]
Form 15—Order to release preserved tissue or material
Rule 41(5)
Order to Release PRESERVED tissue OR material
-
On [date], [name and title of medical investigator or registrar] requested on behalf of the senior next of kin the release of preserved tissue(s)/material(s) from the body of [name of deceased], *born [date of birth]/aged [age].
-
I order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the tissue(s)/material(s) without the body.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 16—Request to investigate a fire
Rule 42(1)
REQUEST TO INVESTIGATE A FIRE
*Fire authority request for fire investigation
- I, [name], from the *Country Fire Authority/*Metropolitan Fire and Emergency Services Board of [address], request under section 30(1) of the Coroners Act 2008 that a coroner investigate the fire that occurred at [location of fire] *on/*about/*between [date of fire], because:
*Application for investigation into a fire
- I, [name] of [address], request under section 31(1) of the Coroners Act 2008 that a coroner investigate the fire that occurred at [location of fire] *on/*about/*between [date of fire], because:
Signature of requestor:
[insert name]
Form 17—Determination following a request to investigate a fire
Rule 42(2)
determination following a request to investigate a fire
*Fire authority request for fire investigation
-
On [date], [name of applicant], *[organisation], *[address], requested that a coroner investigate a fire located at [location of fire] ('the fire') that occurred *on/*about/*between [date of fire], under section 30(1) of the Coroners Act 2008.
-
I have determined the investigation is not in the public interest and refuse to investigate the fire because:
-
I direct that a copy of this determination be provided to the following:
[name of applicant, position, organisation]
*Application for investigation into a fire
-
On [date], [name of applicant], *[organisation], *[address], requested that a coroner investigate a fire located at [location of fire] ('the fire') that occurred *on/*about/*between [date of fire], under section 31(1) of the Coroners Act 2008.
-
I refuse to investigate the fire because:
-
I direct that a copy of this determination be provided to the following:
[name of applicant, position, organisation]
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 80 of the Coroners Act 2008 ('the Act'), if a coroner determines not to investigate a fire, the person who requested the coroner to investigate the fire may appeal to the Trial Division of the Supreme Court within 28 days after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 18—Authorisation by Coroner to a police officer
Rule 46
*IN THE MATTER OF THE *DEATH OF [NAME OF DECEASED]/
Authorisation by coroner to a police officer
- In the investigation of the:
*death of [name of deceased], *born [date of birth]/*aged [age];
*fire located at [location of fire] that occurred *on/*between [date of fire];
I authorise [name, rank and registration of investigating officer], a police officer, to exercise the following powers with any assistance that is required under section 39(3) of the Coroners Act 2008:
🞏 breaking, entering and searching premises, using reasonable force if required;
🞏 taking copies of any documents relevant to the investigation;
🞏 seizing things (including documents) and taking samples, which may be relevant to the investigation;
as specified in the Schedule attached to this Authority.
Schedule:
- The powers referred to in this authorisation may only be exercised between [time] and [time] on or between [date] and [date] inclusive.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Section 40(1) of the Coroners Act 2008 ('the Act') provides that a coroner exercising a power, or a police officer who is authorised, to enter premises under section 39 of that Act, 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.
Section 40(2) of the Act provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or police officer under section 40(1) of the Act. Section 40(2) of the Act is an offence provision, contravention of which carries a maximum penalty of 60 penalty units.
Section 41 of the Act provides that a coroner exercising a power, or a police officer who is authorised, to enter premises under section 39 of that Act, 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;
(c) seal a thing or lock the premises;
(d) analyse, measure, or test any thing at the premises with equipment brought to the premises or that is already at the premises;
(e) do any other thing that is reasonably necessary for the coroner or police officer to investigate the death or fire.
Form 19—Result of search
Rule 46(3)
Court Reference
result of search
*Executed Authority
-
On [date], the Coroner's Authority dated [date of authority] was executed by [rank and name] at [time] *a.m./*p.m.
-
A copy of the Authority was given to [name], *owner/ *occupier/*person in charge of the premises of [address] by [description of how person served].
-
[Name and rank of police officer] seized the following items:
[specify items seized]
- I have retained the items specified in paragraph 3 under my control.
*Unexecuted Authority
- The Coroner's Authority dated [date of authority] is returned unexecuted because:
[specify reasons why Authority was not executed]
Signature of investigating officer:
[insert name, rank and registration no.]
Form 20—Application for exhumation
Rule 47(1)
Application for Exhumation
I apply to the State Coroner for an authorisation of an exhumation of the body of:
Date of death (if known):
Place of death (if known):
From the following place:
Details of burial:
Date of burial:
Location of burial: [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]
Form 21—Refusal to authorise exhumation
Rule 47(2)
refusal to authorise Exhumation
-
On [date], [name] applied to the State Coroner to authorise exhumation of the body of [name of deceased], *born [date of birth]/*aged [age].
-
I refuse to authorise the exhumation because:
NOTE: Under section 81(3) and (4) of the Coroners Act 2008, an appeal can be made to the Trial Division of the Supreme Court within 3 months after the refusal to authorise the exhumation of a body.
Form 22—Notice of intention to authorise exhumation
Rule 49(1)
NOTICE OF INTENTION TO AUTHORISE Exhumation
- I intend to authorise exhumation of the body of [name of deceased], *born [date of birth]/*aged [age]:
*on my own motion under section 44 of the Coroners Act 2008 ('the Act').
*on the application of [name of person] dated [date of application] under section 43 of the Act.
-
[Name of deceased] is buried at [include the name of the cemetery/place of interment; plot/grave; and where applicable the position in the plot/grave].
-
I believe the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation, because:
-
I order that notice of this intention is given to:
(a) [name of senior next of kin];
(b) [name of cemetery trust], responsible for the public cemetery;
(c) [name of owner of land], owner of the land where the place of interment is located, under the Cemeteries and Crematoria Act 2003.
NOTE: Under section 45(1)(a) of the Coroners Act 2008 ('the Act'), the senior next of kin may provide suggestions as to how and whether the proposed exhumation should be conducted. An appeal can be made to the Trial Division of the Supreme Court under section 81 of the Act against an authorisation of an exhumation under section 46 of the Act.
Form 23—Authorisation of exhumation
Rule 49(2)
Authorisation of Exhumation
-
On [date], I issued a notice of intention to authorise exhumation of the body of [name of deceased], *born [date of birth]/*aged [age], having formed the belief that the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation.
-
*I have considered the following suggestions raised by [name] regarding the notice of intention to authorise an exhumation made under section 45 of the Coroners Act 2008:
[specify suggestions]
*I have not received correspondence from any person regarding the proposed exhumation.
-
I believe that the exhumation is necessary for the investigation of the death and it is appropriate to give the authorisation because:
-
I authorise the exhumation of the body of [name of deceased], buried at [place of interment or cemetery], and direct that the body be taken to [place/address] without delay and held there, *subject to the following conditions:
[insert conditions]
- *I direct that a copy of this authorisation be provided to the following:
NOTE: Section 46(5) of the Coroners Act 2008 ('the Act') provides that authorisation of an exhumation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (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 that they will not appeal to the Supreme Court against the authorisation.
An appeal can be made to the Trial Division of the Supreme Court under section 81 of the Act against an authorisation of an exhumation under section 46 of the Act.
Form 24—Order for release of body
Rule 50
order for release of body
*Release of body only with no competing applications
- I order that the body of [name of deceased], *born [date of birth]/*aged [age], be released to [name]
*subject to the following terms and/or conditions:
[insert terms/conditions]
*for overseas repatriation. I am advised that there is no indication of any infectious diseases. The cause of death is [insert cause/s of death]
because:
🞏 I am satisfied that it is no longer necessary to have control of the body to exercise my functions under the Coroners Act 2008.
🞏 I have determined that the death was not a reportable death or a reviewable death.
- *The funeral director is [name of funeral director].
*Order for release of body where there are competing applications
-
I have received competing applications for release of the body of [name of deceased], *born [date of birth]/*aged [age] from [names of all applicants].
-
Having considered the applications of [names of all applicants] I have determined that [name of deceased]'s body be released to [name] because:
[insert reasons]
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 85 of the Coroners Act 2008 ('the Act'), a person who applied to have a body released to them under section 48 of the Act may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court.
An appeal under section 85 of the Act must be made within 48 hours after the determination of the coroner is made.
Form 25—Application for release of body
Rule 51
APPLICATION FOR RELEASE OF BODY
I apply to the Coroner for release of the body of:
Date of death (if known):
Place of death (if known):
Details of funeral director:
Organisation:
Funeral director's code:
I, [name of applicant]:
- confirm that all information I have provided in this form and supporting documents (if applicable) is true and correct to the best of my knowledge;
AND
- understand that my application may be provided to any other applicant (if the coroner determines that it is appropriate to do so).
NOTE: Under section 85 of the Coroners Act 2008 ('the Act'), a person who applied to have a body released to them under section 48 of the Act may appeal against an order to release the body or the terms of that release to the Trial Division of the Supreme Court.
An appeal under section 85 of the Act must be made within 48 hours after the determination of the coroner is made.
Form 26—Request for inquest into death
Rule 52(1)
Request for Inquest into Death
I request that the Coroner hold an inquest into the death of:
Date of death/suspected death:
Place of death/suspected death:
Reasons for application:
Form 27—Request for inquest into fire
Rule 52(2)
REQUEST FOR INQUEST INTO FIRE
I request that the Coroner hold an inquest into the fire at:
Details of fire:
Form 28—Decision by Coroner whether an inquest will be held into a death
Rule 53(1)
decision by coroner whether an inquest will be held into a death
-
On [date], [name of applicant] requested that I hold an inquest into the death of [name of deceased], *born [date of birth]/*aged [age].
-
I have determined *to hold an inquest/*not to hold an inquest/*not to decide whether or not an inquest should be held because:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 82 of the Coroners Act 2008 ('the Act'), if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Trial Division of the Supreme Court within 3 months after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 29—Decision by Coroner whether an inquest will be held into a fire
Rule 53(2)
DECISION BY CORONER WHETHER AN INQUEST WILL BE HELD INTO A FIRE
-
On [date], [name of applicant] requested that I hold an inquest into the fire at [location of fire], which occurred *on/*between [date of fire].
-
I have determined *to hold an inquest/ *not to hold an inquest/
*not to decide whether or not an inquest should be held because:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 82 of the Coroners Act 2008 ('the Act'), if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Trial Division of the Supreme Court within 3 months after the day on which the determination of the coroner is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 30—Closed Court Order
Rule 55
CLOSED COURT ORDER
- I order under section 30(1) of the Open Courts Act 2013 that:
(a) [specify parts of proceeding] of the proceeding be heard in closed court;
(b) [insert name(s) of person(s) permitted] are permitted to be present during *those hearings/*the proceedings; and
(c) unless authorised by the court to do so, entry by any other person is prohibited.
-
Under section 30(3) of the Open Courts Act 2013, I reasonably believe that this order is necessary in the public interest, having regard to the matters specified in Part 2 of the Coroners Act 2008.
-
A copy of this order must be posted on the door of this court.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 32 of the Open Courts Act 2013, a person must not engage in conduct that constitutes a contravention of a closed court order that is in force if that person—
(a) knows that the closed court order is in force; or
(b) is reckless as to whether a closed court order is in force.
Form 31—Application for leave to appear as an interested party
Rule 56(2)
APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY
Details of deceased (if applicable):
Details of fire (if applicable):
I seek leave to appear for:
*the whole of the inquest;
*part of the inquest: [specify which part of the inquest]
Details of legal representative (if applicable):
Name of firm/Position held:
Reasons for application (see note below):
Signature of *applicant/*legal representative:
NOTE: Under section 56 of the Coroners Act 2008, 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 sufficient interest in the inquest; and
(b) it is appropriate for the person to be an interested party.
Form 32—Certificate under section 57 of the Coroners Act 2008
Rule 57
CERTIFICATE UNDER SECTION 57 OF THE cORONERS aCT 2008
- I certify under section 57 of the Coroners Act 2008 ('the Act') that evidence in these proceedings by [name of witness] on [state date or dates] is
*evidence
*information, a document or a thing
to which section 57(7) of the Act applies.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Section 57(7) of the Coroners Act 2008 ('the Act'):
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.
Section 57(8) of the Act provides that section 57(7) of the Act 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.
A transcript or other record of the evidence will be forwarded by the Court to the recipient of this certificate when available.
Form 33—Warrant to arrest
Rule 58
WARRANT TO ARREST
TO ALL POLICE OFFICERS
- [Name of person] of [address]
*was summoned by a coroner under section 55 of the Coroners Act 2008 and has failed to attend before the coroner and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.
*was summoned by a coroner under section 55 of the Coroners Act 2008 and has failed to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.
*is avoiding service of a summons under section 55 of the Coroners Act 2008.
*has been duly served with a summons under section 55 of the Coroners Act 2008 but is unlikely to comply with it.
- [name of person] is to be brought before the Coroners Court to answer the summons and to be further dealt with according to law, and if it is not practicable to bring the person before the Coroners Court forthwith, to release the person on bail in accordance with the endorsement below.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
ENDORSEMENT FOR BAIL
The person named may be released on entering an undertaking of bail to appear at the Coroners Court at [venue] on the following conditions—
[specify conditions]
Form 34—Application for access to or release of seized, taken or received thing or sample
Rules 60(3) and 62(2)
APPLICATION FOR ACCESS TO OR RELEASE OF SEIZED, taken or received THING or sample
*Details of legal representative (if applicable):
Firm/Position held:
*Details of deceased (if applicable):
*Details of fire (if applicable):
**I request under section 114 of the Coroners Act 2008 that the following thing(s) or sample(s) be accessed by/released to [name of person]:
[specify things or samples]
Signature of *applicant/*legal representative:
Form 35—Order by Coroner following application for access to seized, taken or received thing or sample
Rule 60(5)
Order by Coroner following application for Access TO SEIZED, taken or received THING or sample
-
On [date of application], I received an application from [name of applicant] for access to [specify thing or sample] that *was/*were seized, taken or received in relation to the investigation into the *death of [name of deceased]/*fire at [location of fire].
-
*I refuse the application because:
-
*I authorise [name of applicant] to have access to [specify thing(s) or sample(s)] *on the following condition(s):
[specify conditions]
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 36—Order by Coroner for release, destruction or disposal of seized, taken or received thing
Rules 61(3) and 62(4)
Order by Coroner FOR RELEASE, DESTRUCTION OR DISPOSAL OF Seized, taken or received Thing
- On [date of application], I received an application from [name of applicant] for release of [specify thing or sample] that ***was/***were seized, taken or received in relation to the investigation into the
*death of [name of deceased], ***born [date of birth]/*aged [age]
***fire at [location of fire] which occurred *on/*between [date of fire].
- I order that [specify thing(s) or sample(s)]
*be released to [name of owner] of [address].
*be released to [specify person] of [address] as the owner cannot be identified or found.
*be destroyed by [specify by whom].
*be disposed of in the following manner [outline manner to be disposed of] by [specify by whom].
*not be released at this stage.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date:<br>*Delete if inapplicable | |
Form 37—Finding into death following inquest
Rule 63(1)
finding into death FOLLOWING inquest
- Having investigated the death of [name of deceased], and having held an inquest in relation to this death on [date of inquest] at [place of inquest], I find that:
(a) the identity of the deceased was [name of deceased], *born on/*aged [*date/*age];
(b) the death occurred *on or about/*on/*between [full date(s)] at [full address of place of death]; and
(c) the cause of death was [cause of death].
- I find, under section 67(1)(c) of the Coroners Act 2008 ('the Act'), that the death occurred in the following circumstances:
[specify circumstances].
- *I make the following comment(s) connected with the death under section 67(3) of the Act:
[specify comments]
- *I make the following recommendation(s) connected with the death to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
- *I order that this finding not be published on the Internet/*I order that this finding be published on the Internet subject to the following conditions:
[specify conditions—e.g. redactions]
- *I direct that a copy of this finding be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an inquest. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 38—Finding into death without inquest
Rule 63(2)
finding into death without inquest
- Having investigated the death of [name of deceased] and without holding an inquest, I find that:
(a) the identity of the deceased was [name of deceased], *born on/*aged [*date/*age];
(b) the death occurred *on or about/*on/*between [full date(s)] at [full address of place of death]; and
(c) the cause of death was [cause of death].
- *I find, under section 67(1) of the Coroners Act 2008 ('the Act'), that the death occurred in the following circumstances:
*I make no further findings with respect to the circumstances in which the death occurred, under section 67(2) of the Coroners Act 2008 ('the Act'), because I did not hold an inquest and I find that:
(a) [name of deceased] was not, immediately before their death, a person placed in custody or care; and
(b) there is no public interest to be served in making a finding regarding those circumstances.
- *I make the following comment(s) connected with the death under section 67(3) of the Act:
[specify comments]
- *I make the following recommendation(s) connected with the death to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
- *I order that this finding be published on the Internet under section73(1A) of the Act.
*I order that this finding be published on the Internet under section 73(1B) of the Act as I find that [name of deceased] was, immediately before their death, a person placed in *custody/
*care and that their death was due to natural causes.
*subject to the following conditions:
[conditions—e.g. redaction of names, parts of the finding etc.]
- *I direct that a copy of this finding be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 39—Finding into fire following inquest
Rule 64(1)
finding into fire following inquest
- Having investigated the fire at [location of fire], and having held an inquest in relation to this fire on [date of inquest] at [place of inquest], I find that:
(a) the fire occurred *on/*on or about/*between [date(s)]; and
(b) the fire was caused by [cause] *from/*on/*at [origin].
-
I find under section 68 of the Coroners Act 2008 ('the Act'), that the fire occurred in the following circumstances:
-
*I make the following recommendation(s) connected with the fire to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
- *I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:
[specify conditions—e.g. redactions].
- *I direct that a copy of this finding be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a fire after an inquest. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 40—Finding into fire without inquest
Rule 64(2)
finding into fire without inquest
- Having investigated the fire at [location of fire] and without holding an inquest, I find that:
(a) the fire occurred *on/*on or about/*between [date(s)]; and
(b) was caused by [cause] *from/*on/*at [origin].
-
I find, under section 68 of the Coroners Act 2008 ('the Act'), that the fire occurred in the following circumstances:
-
*I make the following recommendation(s) connected with the fire to [specify Minister, public statutory authority or entity] under section 72(2) of the Act:
[specify recommendations]
- *I order that this finding be published on the Internet under section 73(1A) of the Act *subject to the following conditions:
[specify conditions—e.g. redactions]
- *I direct that a copy of this finding be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a fire after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 41—Determination that inquest will not be held or will be discontinued
Rule 65
DETERMINATION that INquest will not be Held or WILL BE Discontinued
-
I have decided *not to hold an inquest/*to discontinue an inquest into the death of [name of deceased], *born [date of birth]/*aged [age] under section 52(3)(b) of the Coroners Act 2008 ('the Act') because [name of person] has been charged with an indictable offence in respect of the death.
-
I consider that it would be inappropriate to make findings in respect of the death as required by section 67 of the Act because:
-
Accordingly, I have determined not to make any of the findings specified in section 67 of the Act.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
Form 42—Proceeding suppression order
Rule 66(1)
PROCEEDING SUPPRESSION ORDER
- I order that publication of the following, or information derived from the following, is prohibited under section 17 of the Open Courts Act 2013 ('the Act'):
[specify matters the subject of the order]
-
The prohibition on publication in paragraph 1 applies in [specify geographical area].
-
The purpose of this order is [specify purpose of the order].
-
The ground(s) relied on in making this order *is/*are [specify ground(s) under section 18(1) of the Act].
-
For the purpose of this order, "publication" has the meaning attributed to it by section 3 of the Act, that is to say, it means the dissemination or provision of access to the public by any means including publication in a book, newspaper, magazine or other written publication; or broadcast by radio or television; or public exhibition; or broadcast or electronic communication.
-
This order will expire on [insert date or event].
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 23 of the Open Courts Act 2013, a person must not engage in conduct that constitutes a contravention of a proceeding suppression order or an interim order that is in force if that person—
(a) knows that the proceeding suppression order or interim order is in force; or
(b) is reckless as to whether a proceeding suppression order or an interim order is in force.
Form 42A—Interim order
Rule 66(2)
interim ORDER
-
On [date], [name of applicant], *[organisation], *[address], applied for a proceeding suppression order under section 18(2) of the Open Courts Act 2013 ('the Act').
-
I order that publication of the following, or information derived from the following, is prohibited under section 20(1) of the Act:
[specify matters the subject of the order]
-
The prohibition on publication in paragraph 2 applies in [specify geographical area].
-
The purpose of this order is to prevent publication of the matters referred to in paragraph 2 until a substantive application under section 18 of the Act can be heard.
-
For the purpose of this order, "publication" has the meaning attributed to it by section 3 of the Act, that is to say, it means the dissemination or provision of access to the public by any means including publication in a book, newspaper, magazine or other written publication; or broadcast by radio or television; or public exhibition; or broadcast or electronic communication.
-
This order will remain in effect until a substantive application under section 18 of the Act is determined, or this interim order is revoked.
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 23 of the Open Courts Act 2013, a person must not engage in conduct that constitutes a contravention of a proceeding suppression order or an interim order that is in force if that person—
(a) knows that the proceeding suppression order or interim order is in force; or
(b) is reckless as to whether a proceeding suppression order or an interim order is in force.
Form 42B—Notice of application for suppression order
Rule 66(3)
Section 10 of the Open Courts Act 2013 Court Reference:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
*Organisation:
*Agent:
[n.b. Agents must attach a signed authority from the senior next of kin or interested party]
*Relationship to deceased (if any):
Contact telephone number(s):
*Details of deceased (if applicable):
*Details of fire (if applicable):
Documents, materials, names or other information over which suppression is sought:
[specify precise details of documents, materials, names or other information and the extent to which suppression is sought]
Grounds for application
I am requesting the above documents, materials, names or other information be suppressed on grounds that:
🞏 disclosure would be likely to prejudice the fair trial of a person
🞏 disclosure would be contrary to the public interest.
Factual and legal basis to support grounds for application:
[Specify factual and legal basis to support grounds for application (attach additional pages if insufficient space)]
Confirmation
🞏 I am the person identified in the Details of Applicant section of this form.
🞏 All information provided in this application, including supporting documents, is true and correct to the best of my knowledge.
🞏 I am aware of the requirements under section 10(1) of the Open Courts Act 2013 to provide notice of this application to the Coroners Court and the parties on the record in the proceeding to which the application relates.
🞏 I understand that the Coroners Court will provide a copy of this application to any relevant news media organisations.
Signed:
Note: Section 4 of the Open Courts Act 2013 provides that to strengthen and promote the principles of open justice and free communication of information, there is a presumption in favour of disclosure of information to which a court or tribunal must have regard in determining whether to make a suppression order.
It should not be inferred or assumed that any information, materials or documents in this document will be suppressed.
To submit the Notice of Application for Suppression please email this form to:
courtadmin@coronerscourt.vic.gov.au
Form 43—Application to set aside finding
Rule 70(1)
Application to Set Aside Finding
*Details of deceased:
*Details of fire:
*Fire occurred *on/*about/*between:
Details of finding:
Findings by:
Date of finding(s):
Details of the order sought:
Request that the coroner set aside:
*all of the findings.
*the following particular findings: [detail particular findings to be set aside]
NOTE: Under section 77(2) of the Coroners Act 2008, if the Coroners Court is satisfied that there are new facts and circumstances that make it appropriate to do so, it may order that some or all of the findings be set aside, with or without re‑opening the investigation.
Form 44—Order following application to set aside finding
Rule 70(2)
ORDER FOLLOWING APPLICATION TO SET ASIDE FINDING
-
On [date], the Coroners Court received an application from [name of applicant] to set aside the finding dated [date of finding].
-
*I am not satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] because:
*I am satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] without re-opening the investigation because:
*I am satisfied that there are new facts and circumstances that make it appropriate to set aside [specify findings to be set aside] and re‑open the investigation because:
-
I order that [specify findings to be set aside] be set aside *without re‑opening the investigation/*and the investigation be re-opened under section 77(2) of the Act.
-
*I direct that a copy of this determination be provided to the following:
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Under section 84 of the Coroners Act 2008 ('the Act'), if the Coroners Court refuses to re-open an investigation, 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. An appeal must be made within 90 days after the refusal by the Coroners Court, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
Form 45—Application for access to coronial documents/transcript of hearing
Rule 78(3)
APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/TRANSCRIPT OF HEARING
*Organisation:
*Agent [please attach a signed authority from the senior next of kin or interested party]
*Relationship to deceased (if any):
*Details of deceased:
*Details of fire:
Details of documents sought:
Category of request:
I am requesting the above documents as:
*an interested party claiming to have sufficient interest in the document.
*a statutory body for the purpose of exercising a statutory function.
*a police officer for law enforcement purposes.
*a person who is conducting research approved by an appropriate human research ethics committee [attach supporting documents].
*the document is required for the public interest.
*a person with a sufficient interest.
Form of access:
*I wish to inspect the document(s).
*I require a copy of the document(s).
Confirmation
I confirm that the information I have provided in this form and supporting documents is true and correct to the best of my knowledge.
Acknowledgement
I acknowledge that my name may be disclosed to the deceased's senior next of kin (if the coroner considers it appropriate to do so), which may be necessary for my application to be processed.
NOTE: The applicant may be required to pay processing charges in respect of the application. If so, the Coroners Court will provide a statement of charges to the applicant*.*
Form 46—Order for release of documents
Rule 78
ORDER FOR RELEASE OF DOCUMENTS
I make the following order under section 115(3) of the Coroners Act 2008:
- That the following documents be provided to [insert name of recipient], *[organisation]/*legal representative of [name of party] ('the Recipient'):
(a) [list documents]
('the documents').
- That the documents be provided on the following conditions:
(a) *that the Recipient must not, without the written permission of the coroner, provide copies of or publish or disseminate the documents, or any part of the documents, to any other person/s or entity, other than to obtain or provide legal advice and to comply with any other statutory obligations ('the non-publication condition');
(b) *[list conditions e.g. the Recipient must securely destroy the documents at the conclusion of the proceedings/investigation].
| Signature:<br>_____________________________________<br>[NAME OF CORONER]<br>[*STATE CORONER/*DEPUTY STATE CORONER/*CORONER]<br>Date: | |
NOTE: Section 115(4) of the Coroners Act 2008 provides that a person to whom a document has been released under section 115 of that Act must comply with any condition placed on that release. Contravention of this section carries a maximum penalty of 60 penalty units.
Section 115(5) of the Coroners Act 2008 provides that a person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under section 115 of that Act. Contravention of this section carries a maximum penalty of 60 penalty units.
Under section 103(1)(a) of the Coroners Act 2008, a person is guilty of contempt of the Coroners Court if the person fails to comply with a summons or order of a coroner or judicial registrar.
Dated: 15 October 2019
CAITLIN ENGLISH,
Acting State Coroner
PARESA ANTONIADIS SPANOS,
Coroner
AUDREY GRAHAM JAMIESON,
Coroner
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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.
The Coroners Court Rules 2019, S.R. No. 97/2019 were made on 15 October 2019 by the State Coroner together with 2 coroners jointly under section 105 of the Coroners Act 2008, No. 77/2008 and came into operation on 28 October 2019: rule 3.
The Coroners Court Rules 2019 will sunset 10 years after the day of making on 15 October 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Coroners Court Rules 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
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Rule 4(a): S.R. No. 131/2009 as amended by S.R. Nos 117/2011, 119/2014 and 202/2014. ↑
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Rule 4(b): S.R. No. 117/2011. ↑
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Rule 4(c): S.R. No. 119/2014. ↑
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Rule 4(d): S.R. No. 202/2014. ↑