Coroners Regulations 2019 (Victoria)

The Coroners Regulations 2019 prescribe forms, procedural particulars, registers and limited classes of prescribed persons under the Coroners Act 2008 (the Act). They operate as subordinate legislation made under s 117 of the Act (reg 2) and came into force on 12 October 2019 (reg 3). The Regulations replace earlier Coroners Regulations instruments (reg 4) and incorporate later amendments, most recently the Coroners Amendment Regulations 2022 (S.R. No. 109/2022), which altered definitions and certain reporting obligations (endnotes; see regs 5, 7 and 8 as amended).

Mechanically the Regulations do the following things:

Prescribe who counts as a pathologist for the Act (reg 6), and who may remove or assist in the removal of human tissue (reg 12).
Prescribe a class of persons who fall within the Act’s definition of “person placed in custody or care”, including persons detained in Victoria under the law of the Commonwealth or another jurisdiction, persons dying from injuries while an authorised person attempted to take them into custody, and , by amendment , SDA residents in SDA enrolled dwellings (reg 7).
Assign the “responsible person” for reporting deaths of persons placed in custody or care (reg 8), including a specified class of SDA support providers where an SDA resident dies and the death has not been reported (reg 8(b)).
Specify the particulars that must be provided to the Institute or coroner in several circumstances: where a coroner decides a reported death is not a reportable death (reg 9), where a reportable death does not require investigation (reg 10), and after coronial investigation of a death (reg 16).
Prescribe the information to be provided to persons about the coronial process, including rights, the purpose of investigations, availability of services (including interpreting and counselling), and avenues to complain or appeal (reg 11).

Version No. 002

Coroners Regulations 2019

S.R. No. 76/2019

Version incorporating amendments as at
11 October 2022

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 1

6 Pathologist 2

7 Person placed in custody or care 2

8 Obligation to report death of a person placed in custody or care—responsible person 3

9 Particulars to be provided if a coroner determines that a reported death is not a reportable death 4

10 Particulars to be provided in certain reportable deaths that do not require investigation 4

11 Information to be provided on the coronial process 5

12 Person who may remove or assist in the removal of human tissue 7

13 Restriction of access to place where death or incident occurred—Form 1 and Form 2 7

14 Restriction of access to fire area—Form 3 7

15 Documents and prepared statements required by coroner for investigation—Form 4 7

16 Particulars to be notified following investigation of death 8

17 Summons—Form 5 8

18 Oath or affirmation of office for coroner—Form 6 8

19 Oath or affirmation of office for judicial registrar—Form 7 8

20 Warrant to arrest for contempt—Form 8 9

21 Register of authorisations to investigate deaths 9

22 Register of authorisations to investigate fires 9

23 Register of exhumations 10

24 Register of witness certificates 10

25 Register of orders restricting disclosure 11

26 Fees payable for copies of documents 11

Schedule 1—Forms 13

═════════════

Endnotes 23

1 General information 23

2 Table of Amendments 25

3 Explanatory details 26

Version No. 002

Coroners Regulations 2019

S.R. No. 76/2019

Version incorporating amendments as at
11 October 2022

1 Objective

The objective of these Regulations is to prescribe certain matters and forms authorised or required to be prescribed under the Coroners Act 2008.

2 Authorising provision

These Regulations are made under section 117 of the Coroners Act 2008.

3 Commencement

These Regulations come into operation on 12 October 2019.

4 Revocations

The following Regulations are revoked—

(a) the Coroners Regulations 2009[1];

(b) the Coroners Amendment Regulations 2014[2];

5 Definitions

In these Regulations—

Aboriginal or Torres Strait Islander means a person who—

(a) is of Aboriginal or Torres Strait Islander descent; and

(b) identifies as an Aboriginal or Torres Strait Islander; and

Reg. 5 def. of SDA enrolled dwelling inserted by S.R. No. 109/2022 reg. 4.

SDA enrolled dwelling has the same meaning as in the Residential Tenancies Act 1997;

Reg. 5 def. of SDA resident inserted by S.R. No. 109/2022 reg. 4.

SDA resident has the same meaning as in the Residential Tenancies Act 1997;

the Act means the Coroners Act 2008.

6 Pathologist

For the purposes of the definition of pathologist in section 3(1) of the Act, the following registered medical practitioners are prescribed—

(a) a Fellow of the Royal College of Pathologists of Australasia;

(b) a registered medical practitioner with qualifications and experience which are approved in writing by the Director of the Institute.

7 Person placed in custody or care

(1) For the purposes of paragraph (l) of the definition of person placed in custody or care in section 3(1) of the Act, a prescribed person or a prescribed class of person is—

(a) a person held in detention in Victoria by an authorised person under the law of the Commonwealth or another jurisdiction; or

(b) a person in Victoria who an authorised person is attempting to take into custody or who is dying from injuries sustained when an authorised person attempted to take the person into custody; or

(i) in the care, control or custody of an authorised person; and

Reg. 7(1)(c)(ii) amended by S.R. No. 109/2022 reg. 5(1).

(ii) in detention in Victoria under the law of the Commonwealth or another jurisdiction; or

Reg. 7(1)(d) inserted by S.R. No. 109/2022 reg. 5(2).

(d) a person in Victoria who is an SDA resident residing in an SDA enrolled dwelling.

(2) In this regulation and regulation 8, authorised person means a person authorised under the law of Victoria, the Commonwealth or another jurisdiction to—

(a) take a person into custody in Victoria; and

(b) keep a person in custody in Victoria.

Reg. 8 substituted by S.R. No. 109/2022 reg. 6.

8 Obligation to report death of a person placed in custody or care—responsible person

For the purposes of section 11(2)(c) of the Act, the responsible person in relation to a person placed in custody or care—

(a) referred to in regulation 7(1)(a), (b) or (c), is the authorised person referred to in the relevant paragraph of regulation 7(2); and

(b) referred to in regulation 7(1)(d), is a person who—

(i) is funded to provide an SDA resident with daily independent living support; and

(ii) has reasonable grounds to believe that the resident's death has not been reported to a coroner or the Institute.

9 Particulars to be provided if a coroner determines that a reported death is not a reportable death

For the purposes of section 16(6) of the Act, the prescribed particulars are—

(a) the deceased's full name; and

(b) the deceased's date of birth or, if unknown, the deceased's age at death; and

(d) the date and place of death; and

(e) the sex of the deceased; and

(f) if known, whether the deceased was Aboriginal or Torres Strait Islander; and

(g) if known, the full name and address of the deceased's next of kin; and

(h) if known, the full name and address of the funeral director or other person arranging for the disposal of the human remains.

10 Particulars to be provided in certain reportable deaths that do not require investigation

For the purposes of section 17(2) of the Act, the prescribed particulars are—

(a) the deceased's full name; and

(b) the deceased's date of birth or, if unknown, the deceased's age at death; and

(d) the date and place of death; and

(e) the sex of the deceased; and

(f) if known, whether the deceased was Aboriginal or Torres Strait Islander.

11 Information to be provided on the coronial process

For the purposes of section 21 of the Act, the prescribed information is—

(a) the objectives of the Act; and

(b) the meaning of a reportable death and a reviewable death; and

(i) what a coroner must find, if possible;

(ii) that recommendations might be made by a coroner following a coronial investigation which in turn may oblige certain parties receiving those recommendations to make a written response in relation to those recommendations;

(iii) that the findings, comments and recommendations made following an inquest may be published on the Internet in accordance with the Act; and

(d) what the identification process may involve; and

(e) rights in relation to viewing and touching the body of a deceased person and access to the place of death; and

(f) the meaning of a medical examination under the Act including a preliminary examination, an identification procedure and an autopsy; and

(g) details about inquests conducted under the Act including the following—

(i) circumstances where a coroner must conduct an inquest;

(ii) the rights of interested parties at an inquest;

(iii) assistance provided to a coroner at an inquest;

(iv) how an inquest must be conducted; and

(h) the meaning of senior next of kin under the Act and that person's rights in relation to an autopsy and an exhumation under the Act; and

(i) a person's rights under the Act in relation to an exhumation, the release of a body, an inquest into a death and reopening an investigation; and

(j) a person's right to seek legal representation; and

(k) a person's obligation to report a death including a reviewable death and to assist the coroner under the Act; and

(l) the availability of services including the following—

(i) counselling services;

(ii) interpreting services and translated information;

(iii) legal services; and

(m) access to documents under the Act; and

(n) where to lodge—

(i) a complaint in relation to the Coroners Court; and

(ii) an appeal to the Supreme Court.

12 Person who may remove or assist in the removal of human tissue

For the purposes of section 28(1)(d) of the Act, a prescribed person is a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b) in the registered nurses division of that profession.

13 Restriction of access to place where death or incident occurred—Form 1 and Form 2

For the purposes of section 37(4) of the Act, a notice restricting access to a place must be in Form 1 or Form 2 of Schedule 1 (as appropriate).

14 Restriction of access to fire area—Form 3

For the purposes of section 38(2) of the Act, a notice restricting access to a place must be in Form 3 of Schedule 1.

15 Documents and prepared statements required by coroner for investigation—Form 4

For the purposes of section 42(2) of the Act, a requirement under section 42(1) of the Act must be in Form 4 of Schedule 1.

16 Particulars to be notified following investigation of death

For the purposes of section 49(2) of the Act, the prescribed particulars are—

(a) the deceased's full name; and

(b) the deceased's date of birth or, if unknown, the deceased's age at death; and

(d) the date and place of death; and

(e) the sex of the deceased; and

(f) if known, whether the deceased was Aboriginal or Torres Strait Islander.

17 Summons—Form 5

For the purposes of section 55(3) of the Act, the prescribed form is Form 5 of Schedule 1.

18 Oath or affirmation of office for coroner—Form 6

For the purposes of section 95 of the Act—

(a) the prescribed form is Form 6 of Schedule 1; and

(b) subject to paragraph (c), an oath or affirmation of office for a coroner must be administered by the State Coroner; and

19 Oath or affirmation of office for judicial registrar—Form 7

For the purposes of section 102EA(1) of the Act—

(a) the prescribed form is Form 7 of Schedule 1; and

(b) an oath or affirmation of office for a judicial registrar must be administered by the State Coroner or the Deputy State Coroner.

20 Warrant to arrest for contempt—Form 8

For the purposes of section 103(2)(b) of the Act, the prescribed form is Form 8 of Schedule 1.

21 Register of authorisations to investigate deaths

(1) For the purposes of section 116(2) of the Act, a register under section 116(1)(a) of the Act is in the prescribed form if it contains the following details—

(a) full name of the deceased;

(b) date of the death;

(d) date of the order;

(e) expiration date of the order;

(f) the full name and badge number of the police officer authorised under section 39(1) of the Act.

(2) A register kept by the principal registrar under section 116(1)(a) of the Act may be inspected by a person by order of a coroner.

22 Register of authorisations to investigate fires

(1) For the purposes of section 116(2) of the Act, a register under section 116(1)(b) of the Act is in the prescribed form if it contains the following details—

(a) date of the fire;

(b) location of the fire;

(d) date of the order;

(e) expiration date of the order;

(f) the full name and badge number of the police officer authorised under section 39(1) of the Act.

(2) A register kept by the principal registrar under section 116(1)(b) of the Act may be inspected by a person by order of a coroner.

23 Register of exhumations

(1) For the purposes of section 116(2) of the Act, a register under section 116(1)(c) of the Act is in the prescribed form if it contains the following details—

(a) full name of the deceased;

(b) date of the death;

(d) date of the order.

(2) A register kept by the principal registrar under section 116(1)(c) of the Act may be inspected by a person by order of a coroner.

24 Register of witness certificates

(1) For the purposes of section 116(2) of the Act, a register under section 116(1)(d) of the Act is in the prescribed form if it contains the following details—

(a) full name of the deceased;

(b) date of the death;

(d) date of the order;

(e) full name of the witness.

(2) A register kept by the principal registrar under section 116(1)(d) of the Act may be inspected by a person by order of a coroner.

25 Register of orders restricting disclosure

(1) For the purposes of section 116(1)(f) of the Act, a register of the following orders made by a coroner is a prescribed register—

(a) an order made under section 73(1) of the Act not to publish on the internet the findings, comments and recommendations made following an inquest;

(b) an order made under Part 3 of the Open Courts Act 2013.

(2) For the purposes of section 116(2) of the Act, a register under subregulation (1) is in the prescribed form if it contains the following details—

(a) full name of the deceased or Coroners Court reference number;

(b) name of the coroner who made the order;

(d) details of the order.

(3) A register kept by the principal registrar under subregulation (1) may be inspected by a person during ordinary business hours unless a coroner otherwise orders.

26 Fees payable for copies of documents

The fees payable in respect of the provision of copies of documents by the Coroners Court to a person are as follows—

(a) a fee of no more than $1.00 per page for a black and white copy;

(b) a fee of no more than $2.00 per page for a colour copy.

Note

Prescribed fees may be waived, reduced or refunded in accordance with section 118 of the Act.

Schedule 1—Forms

Form 1

Regulation 13

Notice Restricting Access to:

*THE Place where A Death Occurred/*A PLACE REASONABLY CONNECTED TO THE pLACE WHERE A DEATH OCCURRED

(Sections 37(2) and 37(4) of the Coroners Act 2008)

YOU MUST NOT ENTER THE RESTRICTED PLACE WITHOUT AUTHORITY OF THE CORONER OR THE CHIEF COMMISSIONER OF POLICE

THE RESTRICTED PLACE IS:

[description of restricted place/area]

Penalty: A person who enters or interferes with a restricted place without lawful excuse may be liable to a fine of 60 penalty units or imprisonment for 6 months.

This notice is made pursuant to the order of the *State Coroner/*Deputy State Coroner/*Coroner/*Chief Commissioner of Police made on [date].

*Delete if inapplicable

Form 2

Regulation 13

Notice Restricting Access to:

***The Place where an Incident Occurred/***a place reasonably connected to the place where an incident occurred

(Sections 37(3) and 37(4) of the Coroners Act 2008)

YOU MUST NOT ENTER THE RESTRICTED PLACE WITHOUT AUTHORITY OF THE CHIEF COMMISSIONER OF POLICE

THE RESTRICTED PLACE IS:

[description of restricted place/area]

Penalty: A person who enters or interferes with a restricted place without lawful excuse may be liable to a fine of 60 penalty units or imprisonment for 6 months.

This notice is made pursuant to the order of the Chief Commissioner of Police made on [date].

*Delete if inapplicable

Form 3

Regulation 14

Notice Restricting Access to:

*The place where a Fire occurred/
*a place reasonably connected to the place where a fire occuRred

(Section 38(2) of the Coroners Act 2008)

YOU MUST NOT ENTER THE RESTRICTED PLACE WITHOUT AUTHORITY OF THE CORONER OR THE CHIEF COMMISSIONER OF POLICE

THE RESTRICTED PLACE IS:

[description of restricted place/area]

Penalty: A person who enters or interferes with a restricted place without lawful excuse may be liable to a fine of 60 penalty units or imprisonment for 6 months.

This notice is made pursuant to the order of the *State Coroner/*Deputy State Coroner/*Coroner/*Chief Commissioner of Police made on [date].

*Delete if inapplicable

Form 4

Regulation 15

REQUIREMENT to GIVE Document or Prepared Statement to a coroner

(Section 42 of the Coroners Act 2008)

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you receive this notice, you should seek legal advice to help you understand the requirement and your obligations. Contact your lawyer or Victoria Legal Aid or a community legal centre for advice.
(Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Cantonese, Mandarin, Croatian, Greek, Hindi, Punjabi, Sinhalese, Tamil, Urdu, Tagalog, Italian, Macedonian, Polish, Russian, Serbian, Somali, Spanish, Turkish and Vietnamese languages.)

To: [name]

of: [address]

You have received this notice because the coroner is of the opinion that a document or prepared statement is required for the purposes of the investigation into:

*the death of the person described below.

Details of the deceased—

Name of the deceased:

Date of birth (if known):

Date of the death/suspected death:

Place of death/suspected death:

*a fire which occurred at [address] on [date].

WHAT YOU MUST DO

*You are required to produce the documents or types of documents specified below to the coroner: [specify documents]

*You are required to prepare a statement addressing the matters specified below by the coroner and give the statement to the coroner: [specify matters to be addressed in statement]

You are not required to give information in a statement to the coroner if the information provided in the statement would tend to incriminate you (section 50 of the Coroners Act 2008).

You are requested to advise the coroner in writing if you intend to rely on section 50 of the Coroners Act 2008 and will not comply with this notice.

You must comply with this requirement within [number] days after the day on which the notice is served on you.

The address for delivery of documents or the prepared statement is: [address]

You can contact the Registry of the Coroners Court on 1300 309 519 if you have any questions about this requirement.

WARNING: Under section 42(3) of the Coroners Act 2008 it is an offence for a person who is required to provide a document or prepared statement under section 42(1) of that Act to fail, without lawful excuse, to comply with the order within the period specified by the coroner.

The maximum penalty for this offence is a fine of 20 penalty units.

*Delete if inapplicable

Form 5

Regulation 17

Summons to Attend as a Witness or Produce Documents

(Section 55(2)(a) and 55(3) of the Coroners Act 2008)

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you receive this summons, you should seek legal advice to help you understand the summons and your obligations. Contact your lawyer or Victoria Legal Aid or a community legal centre for advice.

(Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Cantonese, Mandarin, Croatian, Greek, Hindi, Punjabi, Sinhalese, Tamil, Urdu, Tagalog, Italian, Macedonian, Polish, Russian, Serbian, Somali, Spanish, Turkish and Vietnamese languages.)

To the witness: [name]

of: [address]

An inquest or preliminary hearing is to be held into:

*the death of the person described below.

Details of the deceased—

Name of the deceased:

Date of birth (if known):

Date of the death/suspected death:

Place of death/suspected death:

*a fire which occurred at [address] on [date].

What you must do:

You must bring this summons with you and—

🞏 attend court to give evidence as a witness

🞏 attend court to give evidence as a witness and also produce to the court the following documents or materials: [specify documents or materials]

🞏 produce to the court the following documents or materials: [specify documents or materials]

Where you must go:

The Coroners Court at [venue]

Address Phone

When Time Day Month Year

Issued at the Coroners Court, [venue] on the [date].

*State Coroner/*Deputy State Coroner/*Coroner

WARNING: If you fail to comply with this summons without lawful excuse, a coroner may issue a warrant for your arrest under section 59 of the Coroners Act 2008.

NOTES

You have a right to make an application to the court under section 57 of the Coroners Act 2008 objecting to giving evidence at an inquest on the ground that the evidence may tend to prove that you have committed an offence under an Australian law or a law of a foreign country, or that you are liable to a civil penalty under an Australian law or law of a foreign country.
You may also have a right to apply to the court for an order with respect to any claim you may have for any applicable privilege under the Evidence Act 2008 in relation to evidence you may be required to give under the summons.

*Delete if inapplicable

Form 6

Regulation 18

Oath or aFFirmation of Office FOR a Coroner

(Section 95 of the Coroners Act 2008)

*OATH OF OFFICE FOR A CORONER

I, [full name], swear by Almighty God (or the person may name a god recognised by that person's religion) that, as a coroner of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

*affirmation of Office FOR a Coroner

I, [full name], solemnly and sincerely declare and affirm that, as a coroner of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

*Delete if inapplicable

Form 7

Regulation 19

Oath and Affirmation of Office FOR Judicial Registrar

(Section 102EA of the Coroners Act 2008)

*OATH OF OFFICE FOR JUDICIAL REGISTRAR

I, [full name], swear by Almighty God (or the person may name a god recognised by that person's religion) that, as a judicial registrar of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

*AFFIRMATION OF OFFICE FOR JUDICIAL REGISTRAR

I, [full name], solemnly and sincerely declare and affirm that, as a judicial registrar of the Coroners Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

*Delete if inapplicable

Form 8

Regulation 20

Warrant to Arrest for Contempt

(Section 103 of the Coroners Act 2008)

TO ALL POLICE OFFICERS

Arrest [insert name] and bring that person before the Coroners Court to answer a charge of contempt of the Court as follows [insert details of the charge], and if it is not practicable to bring that person before the Court as soon as practicable to release that person on bail in accordance with the endorsement below.

Dated:

*State Coroner/*Deputy State Coroner/*Coroner

ENDORSEMENT FOR BAIL

The State Coroner or Coroner has authorised the following endorsement:

The person named may be released on entering an undertaking of bail to appear at the Coroners Court at [venue] on the following conditions:

[insert conditions]

*Delete if inapplicable

═════════════

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 Regulations 2019, S.R. No. 76/2019 were made on 10 September 2019 by the Governor in Council under section 117 of the Coroners Act 2008, No. 77/2008 and came into operation on 12 October 2019: regulation 3.

The Coroners Regulations 2019 will sunset 10 years after the day of making on 10 September 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

This publication incorporates amendments made to the Coroners Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Coroners Amendment Regulations 2022, S.R. No. 109/2022

Date of Making:	11.10.22
Date of Commencement:	11.10.22

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 4(a): S.R. No. 120/2009 as amended by S.R. Nos 159/2014 and 9/2019. ↑
Reg. 4(b): S.R. No. 159/2014. ↑
Reg. 4(c): S.R. No. 9/2019.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Coroners Regulations 2019

Version No. 002

Coroners Regulations 2019

S.R. No. 76/2019

Version incorporating amendments as at
11 October 2022

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 1

6 Pathologist 2

7 Person placed in custody or care 2

8 Obligation to report death of a person placed in custody or care—responsible person 3

9 Particulars to be provided if a coroner determines that a reported death is not a reportable death 4

10 Particulars to be provided in certain reportable deaths that do not require investigation 4

11 Information to be provided on the coronial process 5

12 Person who may remove or assist in the removal of human tissue 7

13 Restriction of access to place where death or incident occurred—Form 1 and Form 2 7

14 Restriction of access to fire area—Form 3 7

15 Documents and prepared statements required by coroner for investigation—Form 4 7

16 Particulars to be notified following investigation of death 8

17 Summons—Form 5 8

18 Oath or affirmation of office for coroner—Form 6 8

19 Oath or affirmation of office for judicial registrar—Form 7 8

20 Warrant to arrest for contempt—Form 8 9

21 Register of authorisations to investigate deaths 9

22 Register of authorisations to investigate fires 9

23 Register of exhumations 10

24 Register of witness certificates 10

25 Register of orders restricting disclosure 11

26 Fees payable for copies of documents 11

Schedule 1—Forms 13

═════════════

Endnotes 23

1 General information 23

2 Table of Amendments 25

3 Explanatory details 26

Version No. 002

Coroners Regulations 2019

S.R. No. 76/2019

Version incorporating amendments as at
11 October 2022

The Regulations are organised around a small set of recurring concepts: prescribed persons, prescribed particulars, prescribed forms, registers, and administrative fees. Each concept feeds a concrete administrative mechanism under the Act.

Prescribed persons

Pathologist: A “pathologist” for the Act is any registered medical practitioner who is either a Fellow of the Royal College of Pathologists of Australasia or a registered medical practitioner with qualifications and experience approved in writing by the Director of the Institute (reg 6). This creates a primary, objective route to qualification (Fellowship) and a discretionary route via written approval by the Director.
Person to remove human tissue: A person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (not as a midwife or student), specifically in the registered nurses division, is prescribed for s 28(1)(d) of the Act (reg 12). This links removal/assistance powers to registration under the national scheme.
Person placed in custody or care: The Regulations prescribe classes of people who fall within paragraph (l) of the Act’s definition of “person placed in custody or care” (reg 7). Those classes include persons detained in Victoria by authorised persons under Commonwealth or other-jurisdiction law (reg 7(1)(a)), persons in Victoria that an authorised person is attempting to take into custody or who are dying from injuries sustained in that attempt (reg 7(1)(b)), persons dying from injuries sustained while in the care, control or custody of an authorised person and in detention under other-jurisdiction law (reg 7(1)(c)), and, as inserted by amendment, SDA residents residing in SDA enrolled dwellings (reg 7(1)(d)). “Authorised person” is defined as someone authorised under Victorian, Commonwealth or another jurisdiction’s law to take and keep a person in custody in Victoria (reg 7(2)).

Prescribed particulars and information

The Regulations identify precise data that must be provided in several statutory circumstances: where a coroner finds a reported death is not reportable (reg 9); where a reportable death does not require investigation (reg 10); and in the particulars notified after investigation (reg 16). The lists in regs 9, 10 and 16 are largely consistent: full name, date of birth or age at death, cause of death, date and place of death, sex, and, if known, whether the deceased was Aboriginal or Torres Strait Islander; reg 9 adds next-of-kin and funeral director particulars.
The Regulations prescribe the information that must be given to persons about the coronial process (reg 11). That material spans objectives of the Act, definitions of reportable and reviewable deaths, purposes of investigations and potential coroner recommendations, identification procedures, rights concerning viewing/touching bodies, meanings of medical examinations, details about inquests including rights of interested parties, senior next-of-kin rights relating to autopsy and exhumation, right to legal representation, obligations to report and assist, availability of counselling and interpreting services, access to documents, and where to lodge complaints or appeals (reg 11(a)-(n)).

Prescribed forms and notices

The Regulations require certain notices and requirements to be in specified forms set out in Schedule 1: notices restricting access to places where a death, incident or fire occurred (Forms 1-3; regs 13-14); requirements to produce documents or prepared statements (Form 4; reg 15); summonses to witnesses (Form 5; reg 17); oaths and affirmations for coroners and judicial registrars (Forms 6-7; regs 18-19); and warrant to arrest for contempt (Form 8; reg 20). The Schedule includes wording that expressly informs recipients of legal risks and rights (for example the multilingual legal-advice note in Form 4 and the warnings about penalties in Forms 1-3 and Form 4).

Registers

The Regulations prescribe the fields required for five registers the principal registrar must keep under s 116 of the Act: authorisations to investigate deaths (reg 21), authorisations to investigate fires (reg 22), exhumations (reg 23), witness certificates (reg 24), and orders restricting disclosure (reg 25). The data fields are granular (for example, regs 21(1)(f) and 22(1)(f) require the full name and badge number of the authorised police officer). Inspection of these registers is either by coroner order (regs 21-24) or during ordinary business hours unless a coroner orders otherwise (reg 25(3)).

Fees and penalty-unit mechanics

Fees for document copies are prescribed (reg 26) and may be waived/reduced under s 118 of the Act; the endnotes explain that penalty units are calculated per the Sentencing Act 1991 and the Monetary Units Act 2004 and provide the value of a penalty unit for the 2022-23 financial year (endnotes and note under reg 26).

The Regulations therefore convert several broad powers and definitions in the Act into administrable, standardised procedures and data fields. They centralise form content and register structure, tie certain authorities to external licensing schemes, and create procedural triggers for reporting and documentation. Several provisions vest discretion in administrative actors (for example, the Director of the Institute under reg 6(b)) or in coroners (for example, register inspection and orders restricting disclosure), producing a mix of fixed requirements and measured administrative choice.

The Regulations create or clarify duties and procedural interactions for a defined set of actors. Identify who is directly affected and in what role.

Coroners and Coroners Court officers

The Regulations prescribe forms coroners must use or can rely on (Forms 1-8; regs 13-20). They also set out registers the principal registrar must keep under the Act (regs 21-25). Coroners therefore decide when to issue restricted-access notices, authorise police officers to investigate, authorise fires investigations, make exhumation orders, issue witness certificates, and make orders restricting disclosure , each of those actions triggers register entries described in regs 21-25. The Regulations also set who must administer oaths for coroners and judicial registrars (regs 18-19).

Police and authorised persons

Police officers who are authorised under s 39(1) of the Act to investigate deaths or fires are directly implicated: the registers for authorisations (regs 21-22) require recording the authorised officer’s full name and badge number. The Regulations also define “authorised person” for the purposes of who is a person placed in custody or care (reg 7(2)), bringing into scope other law enforcement or custodial personnel authorised under Commonwealth, Victorian or other jurisdictions’ law to take or keep persons in custody in Victoria.

Medical practitioners, pathologists and nurses

Pathologists are prescribed (reg 6). That prescribes that Fellows of the Royal College of Pathologists of Australasia qualify automatically and opens a written-approval channel via the Director of the Institute for other registered medical practitioners (reg 6(b)). Registered nurses (not midwives or students) in the registered nurses division under the Health Practitioner Regulation National Law are prescribed for assisting with removal of human tissue (reg 12). These provisions affect coronial reliance on specific medical personnel and the pool of persons authorised to perform or assist medical procedures under the Act.

SDA residents and SDA support providers

The 2022 amendment inserted a prescribed class of person into “person placed in custody or care” to include SDA residents living in SDA enrolled dwellings (reg 7(1)(d)). Consequentially, reg 8(b) defines a “responsible person” for such deaths as a person funded to provide an SDA resident with daily independent living support and who has reasonable grounds to believe the resident’s death has not been reported to a coroner or the Institute. That creates reporting duties on a limited class of funded SDA support providers (reg 8(b)(i)-(ii)).

Next of kin, funeral directors and interested parties

The Regulations require certain particulars about next of kin and funeral directors to be provided when a coroner determines a reported death is not reportable (reg 9(g)-(h)). Reg 11 prescribes information that must be provided to persons about coronial rights and procedures, including the senior next of kin’s rights in relation to autopsy and exhumation (reg 11(h)) and the right to legal representation (reg 11(j)). Persons who may be served with a requirement to provide documents or with a summons (Form 4 and Form 5) are called out in the forms and are thereby directly affected.

Registrars and the principal registrar

The principal registrar must maintain the registers described in regs 21-25 and ensure they contain the prescribed fields. The Regulations also set inspection conditions for those registers (regs 21-25). The principal registrar’s record-keeping and disclosure practices are therefore affected.

Legal practitioners and advisers

The Regulations place several procedural warnings and rights in the prescribed forms (notably the multilingual legal-advice notice in Form 4 and warnings about rights to object or claim privilege in Form 5). Legal advisers will be involved in advising on compliance with Form 4 notices, summonses and the coroner’s powers. The Regulations also prescribe that oaths for coroners are to be administered by the State Coroner, except the State Coroner’s oath which must be administered by the Chief Judge of the County Court (reg 18(b)-(c)).

Institute of the Coroners Court (Director)

The Director of the Institute retains the discretion to approve pathologist qualifications in writing (reg 6(b)). The Institute is also a recipient of particulars and notifications required under regs 9, 10 and 16, as those provisions explicitly refer to the purposes of sections of the Act involving the Institute.

Public and affected businesses

Persons who may be subject to restricted-access notices (Forms 1-3) are affected by conduct prohibitions carrying criminal penalties (Forms 1-3). Entities that may be required to supply documents or statements under the coroner’s powers, and entities requesting copies of coronial court documents (which attract fees under reg 26), are also affected.

In sum, the Regulations primarily affect coronial administrators, authorised investigators (notably police), certain medical professionals, SDA support providers who are funded to provide daily independent living support, registrars, and persons who may be defendants of coronial processes (witnesses, next of kin, funeral directors). The 2022 amendment extends the regulatory reach to a defined subset of SDA residents and their funded support providers, adding a new reporting trigger in the coronial ecosystem (regs 7 and 8).

The Regulations operationalise duties and rights that are either created by the Act or necessary to its administration. Below are the principal duties imposed and rights preserved or clarified by the Regulations, with the precise regulatory anchors.

Duties to report and provide particulars

Responsible person for reporting deaths of persons placed in custody or care: For deaths falling within the prescribed classes in reg 7, the “responsible person” who must report the death for the purposes of s 11(2)(c) of the Act is: (a) the authorised person referred to in reg 7(2) where the person was in custody or detention as described in reg 7(1)(a)-(c); and (b) for SDA resident deaths (reg 7(1)(d)), a person funded to provide the SDA resident with daily independent living support and who has reasonable grounds to believe the death has not been reported to a coroner or the Institute (reg 8(a)-(b)). This creates an affirmative duty on named responsible persons to report certain deaths.
Particulars to be provided: If a coroner determines a reported death is not a reportable death, the prescribed particulars that must be provided are listed in reg 9 (full name, date of birth or age, cause of death, date and place of death, sex, Aboriginal or Torres Strait Islander status if known, full name and address of next of kin if known, and full name and address of funeral director if known). Similar prescribed particulars apply where a reportable death does not require investigation (reg 10) and for particulars to be notified following investigation (reg 16). These duties involve furnishing a defined minimum dataset to the coroner or Institute.
Documents and prepared statements: A coroner’s requirement to produce documents or prepared statements under s 42(1) must be in Form 4 (reg 15). Form 4 carries a statutory warning noting that a person is not required to give information that would tend to incriminate them (citing s 50 of the Act), and requires recipients to comply within a period specified by the coroner. Reg 15 therefore prescribes the mechanism by which the duty under s 42(1) is enforced and clarifies the process and statutory protections.

Summonses, attendance and evidence

Summonses: A summons under s 55(3) of the Act must be in Form 5 (reg 17). Form 5 warns of consequences for non-compliance, and includes statutory notes about rights to object under s 57 of the Act and to apply for privilege under the Evidence Act 2008. The Regulations therefore prescribe the content and warnings that must accompany compulsory attendance orders.
Warrants and contempt: A warrant to arrest for contempt under s 103(2)(b) must be in Form 8 (reg 20). Form 8 includes a bail endorsement template. The Regulations prescribe the format and content of enforcement instruments used to secure attendance or punish contempt.

Registers and disclosure obligations

Record keeping: The principal registrar must maintain registers in the forms prescribed by regs 21-25. Those registers must include specified fields (for example, badge numbers of authorised police officers in regs 21(1)(f) and 22(1)(f)). The registers are subject to inspection,but the inspections are tightly framed: registers for authorisations to investigate deaths, fires, exhumations and witness certificates may be inspected by a person only by order of a coroner (regs 21(2), 22(2), 23(2), 24(2)); the register of orders restricting disclosure may be inspected during ordinary business hours unless a coroner orders otherwise (reg 25(3)). These provisions impose record-keeping duties and define the access rights to those records.

Rights explicitly preserved or specified

Right against self-incrimination (Form 4): Form 4 restates the protection in s 50 of the Act, making explicit that a person is not required to give information in a statement that would tend to incriminate them, and requesting that a person advise the coroner in writing if they intend to rely on that right.
Rights in relation to inquests and representation (reg 11): Reg 11 explicitly prescribes that persons must be informed of their right to legal representation, rights of interested parties at inquests, and the right to object to providing evidence where it may prove an offence or civil liability (as referenced in Form 5 notes citing s 57).
Senior next-of-kin and procedural rights (reg 11(h)-(i)): The Regulations require that the information supplied about the coronial process include rights of senior next of kin in relation to autopsy and exhumation and a person’s rights in relation to release of bodies, inquests and reopening investigations.

Administrative discretions and decision points

Director’s approval of pathologists: Reg 6(b) allows the Director of the Institute to approve in writing qualifications and experience of a registered medical practitioner for the purpose of the definition of “pathologist”. That is an administrative discretion affecting who can act as a pathologist in coronial processes.
Coroner control over register inspection and publication: Coroners retain the capacity to limit or permit inspection of registers (regs 21-25) and to order non-publication of findings under s 73 of the Act (reg 25(1)(a) references orders not to publish findings on the internet).

Fees, waivers and calculation of penalties

Fees for copies: Reg 26 sets maximum fees per page for black-and-white and colour copies and notes that prescribed fees may be waived, reduced, or refunded under s 118 of the Act. The endnotes explain the mechanism for calculating penalty unit values under the Sentencing Act 1991 and the Monetary Units Act 2004.

In short, the Regulations set out who must do what in relation to reporting, giving particulars, producing documents, and maintaining registers; they specify the content of key public-facing forms; they preserve rights against self-incrimination and other procedural safeguards; and they allocate limited administrative discretion to the Director of the Institute and to coroners, particularly regarding approvals and register access.

The Regulations both specify criminal penalties by requiring certain forms to include statutory penalty warnings and establish enforcement templates. The instrument itself references statutory penalties contained in the Act and prescribes the formats for enforcement actions.

Criminal penalties and statutory notices

Restricted place notices (Forms 1-3; regs 13-14 and Schedule 1): Each form used to restrict access to a place where a death, incident or fire occurred contains a penalty notice stating that a person who enters or interferes with a restricted place without lawful excuse may be liable to a fine of 60 penalty units or imprisonment for 6 months. The Forms are prescribed for the purposes of sections 37(4) (reg 13) and 38(2) (reg 14) of the Act. The presence of the penalty in the prescribed form signals the criminal enforcement backbone supporting restricted-access orders issued by coroners or the Chief Commissioner of Police.
Non-compliance with document requirement (Form 4; reg 15): Form 4 warns that under s 42(3) of the Act it is an offence for a person required to provide a document or prepared statement under s 42(1) to fail, without lawful excuse, to comply with the order within the period specified by the coroner. The maximum penalty is a fine of 20 penalty units. The Form is designed to operationalise enforcement of documentary production obligations.
Summons non‑compliance and arrest warrants (Form 5 and s 59 reference): Form 5 warns that if a witness fails to comply with a summons without lawful excuse, a coroner may issue a warrant for arrest under s 59 of the Act. Reg 17 prescribes Form 5 for s 55(3) summonses.
Warrant to arrest for contempt (Form 8; reg 20): Reg 20 prescribes Form 8 for a warrant to arrest for contempt under s 103(2)(b) of the Act. Form 8 provides both the arrest instruction to police and a bail endorsement template permitting the coroner to authorise bail conditions.

Penalty unit calculation and monetary mechanics

The Regulations rely on the penalty-unit framework: penalties are expressed in penalty units and the endnotes explain calculation mechanics under the Sentencing Act 1991 and the Monetary Units Act 2004. The endnote records that the value of a penalty unit for the financial year commencing 1 July 2022 is $184.92 and that amounts may be rounded to the nearest dollar. The Regulations therefore leave the monetary value of fines to the statutory penalty unit setting process and the Treasurer’s annual determinations (endnotes and note under reg 26).

Administrative enforcement mechanisms

Registered authorisations and badge numbers (regs 21-22): The registers for authorisations to investigate deaths and fires require recording of authorised police officer full names and badge numbers (regs 21(1)(f) and 22(1)(f)). Recording these identifiers supports traceability and enforcement of investigative authorisations.
Coroner control over register inspection (regs 21-25): Registers are generally inspectable only by order of a coroner, except the register of orders restricting disclosure which may be inspected during ordinary business hours unless a coroner otherwise orders (reg 25(3)). This puts procedural limits on transparency and places enforcement of record access largely within coroner discretion.
Administrative discretion for approvals: The Director of the Institute may approve in writing that a registered medical practitioner has suitable qualifications and experience to be a pathologist for the Act (reg 6(b)). While not a criminal sanction, this administrative approval controls who may lawfully perform certain coronial medical tasks, and approval or refusal affects operational capability.

Practical enforcement notes encoded in forms

Form 4 and Form 5 both include explicit advice to seek legal representation and multilingual information requirements (Form 4 requires that a legal-advice-type message be printed in many languages). These design features encourage legal compliance and communicate enforcement risk to recipients.
The warrant to arrest for contempt (Form 8) includes an endorsement template allowing the coroner to authorise release on an undertaking of bail with specified conditions, giving coroners an immediate enforcement lever with prescribed content (reg 20 and Form 8).

In sum, the Regulations implement and communicate enforcement pathways by prescribing forms that include statutory penalty statements, by mandating record fields that enable traceability, and by providing coroner-focused mechanisms for issuing arrest warrants and restricting public access. Monetary penalties are expressed in penalty units and thus fluctuate with the statutory penalty unit value set under other Acts (endnotes).

The Regulations are tightly cross-referenced to other statutory frameworks. They operate within a network of Acts that supply definitions, procedural law, licensing criteria and penalty mechanics.

Coroners Act 2008

The Regulations are made under s 117 of the Coroners Act 2008 (reg 2) and exist to prescribe matters authorised or required by that Act (reg 1). Nearly every operative regulation references a specific provision of the Act that it supplements (for example, regs 6, 7, 8, 13-20, 21-25). The Regulations therefore do not create standalone duties but implement or operationalise powers and obligations found in the Act. Forms are prescribed for the purposes of specific Act sections (for example, reg 13 for s 37(4), reg 14 for s 38(2), reg 15 for s 42(2), reg 17 for s 55(3), reg 20 for s 103(2)(b)).

Residential Tenancies Act 1997

The Regulations import the terms “SDA enrolled dwelling” and “SDA resident” from the Residential Tenancies Act 1997 by reference (reg 5). The 2022 amendment inserted definitions that mirror the Residential Tenancies Act and then used those definitions to extend the class “person placed in custody or care” to include SDA residents in SDA enrolled dwellings (reg 7(1)(d)). This creates an inter-act linkage where tenancy-based definitions determine who falls within coronial reporting obligations.

Health Practitioner Regulation National Law

Reg 12 prescribes, for s 28(1)(d) of the Act, that a person registered under the Health Practitioner Regulation National Law to practise as a nurse in the registered nurses division is prescribed to remove or assist in removal of human tissue. The Regulations therefore tie coronial medical procedural authority to national registration under the Health Practitioner Regulation National Law.

Open Courts Act 2013

Reg 25(1)(b) explicitly references orders made under Part 3 of the Open Courts Act 2013 as falling within the class of “orders restricting disclosure” that must be recorded in the register prescribed by reg 25. This links coronial non-publication and other disclosure orders to the Open Courts Act’s operation and record-keeping.

Evidence Act 2008

The summons Form 5 includes a note that a person may have a right to apply to the court with respect to a claim for privilege under the Evidence Act 2008 in relation to evidence required by summons. The Regulations therefore prompt users to consider Evidence Act privilege protections when responding to coronial evidentiary compulsion.

Sentencing Act 1991 and Monetary Units Act 2004

The endnotes explain that penalties referenced by penalty units are to be calculated under the Sentencing Act 1991 by reference to the value of a penalty unit fixed annually under the Monetary Units Act 2004. The Regulations therefore depend on those Acts to translate unit-based fines into dollar amounts and to implement rounding rules.

Subordinate Legislation Act 1994

The endnotes state that the Regulations will sunset 10 years after making (10 September 2029) pursuant to s 5 of the Subordinate Legislation Act 1994. Practitioners should note the expiration mechanism operates unless the Regulations are remade or extended in accordance with the Subordinate Legislation Act.

Interpretation of Legislation Act 1984

The endnotes include commentary on style and interpretation rules under the Interpretation of Legislation Act 1984 (ILA), affecting headings, notes, punctuation and provision numbering included in the printed Statutory Rule.

Interaction mechanics and practical consequences

Where the Regulations import or reference other statutory regimes (for example Residential Tenancies Act, Health Practitioner Regulation National Law, Open Courts Act), compliance requires attention to the applicable definitions and administrative processes in those instruments. For instance, whether a person is an “SDA resident” depends on the Residential Tenancies Act definition, and whether a nurse may legally remove tissue depends on registration under the Health Practitioner Regulation National Law. Similarly, the enforceability and quantum of fines will depend on penalty-unit values fixed under the Monetary Units Act.

Overall, the Regulations are largely integrative: they standardise coronial practice while relying on other statutes for licensing, privilege, penalty valuation and expiry mechanics. Practitioners must therefore consider this instrument alongside the Act and the named external laws to establish complete compliance pathways.

The Regulations were made on 10 September 2019 (endnotes) and commenced on 12 October 2019 (reg 3). They replaced prior Coroners Regulations instruments (reg 4). The published version incorporated amendments as at 11 October 2022 (cover page and endnotes). The endnotes and Table of Amendments recorded the Coroners Amendment Regulations 2022 as S.R. No. 109/2022, made and commenced on 11 October 2022 (endnote 2 and table). Key amendment particulars visible in the text include:

Revocations (reg 4): On commencement, the Regulations revoked the Coroners Regulations 2009 and two amendment instruments (Coroners Amendment Regulations 2014 and Coroners Amendment Regulations 2019) (reg 4(a)-(c); endnote 3). The revocation list shows the instrument replaced earlier subordinate rules.
Insertions and substitutions by S.R. No. 109/2022 (noted in the body text with marginal notes and inline amendment marks):
- Reg 5: Definitions for “SDA enrolled dwelling” and “SDA resident” were inserted by S.R. No. 109/2022 reg 4. Those definitions are defined to have the same meaning as in the Residential Tenancies Act 1997 (reg 5).
- Reg 7: Subregulation 7(1)(c)(ii) was amended and subregulation 7(1)(d) was inserted by S.R. No. 109/2022 reg 5(1)-(2). The inserted reg 7(1)(d) prescribes an SDA resident residing in an SDA enrolled dwelling as a class of person placed in custody or care. Reg 7(2) defining “authorised person” also anchors the meaning for regs 7 and 8.
- Reg 8: The entire regulation 8 was substituted by S.R. No. 109/2022 reg 6. The amended reg 8 clarifies the identity of the “responsible person” for reporting deaths of prescribed classes, including the new SDA-resident-related responsible person provisions in reg 8(b).
Endnote “Table of Amendments” lists S.R. No. 109/2022 with date of making and date of commencement both 11.10.22, confirming the 2022 amendment package is incorporated into the current version of the Regulations.

Sunset and expiry

The endnotes state that the Coroners Regulations 2019 will sunset 10 years after the day of making, on 10 September 2029, pursuant to s 5 of the Subordinate Legislation Act 1994. That creates a fixed expiry date for the instrument absent remaking or extension under the Subordinate Legislation Act.

Administrative amendment mechanics referenced

The Regulations show that certain definitions and prescriptive elements are subject to later amendment by statutory rule. The body of the instrument contains editorial markers indicating where amendments were inserted or substituted by S.R. No. 109/2022 (for example, “Reg. 5 def. of SDA enrolled dwelling inserted by S.R. No. 109/2022 reg. 4”). This provides explicit traceability for which provisions changed in the 2022 amendment package.

Practical effect of amendments

The 2022 changes concretely expanded the class of persons the coroner might treat as “placed in custody or care” to include SDA residents in enrolled dwellings (reg 7(1)(d)), and created a reporting duty for a specified class of funded SDA support providers (reg 8(b)). That alters reporting responsibilities in the coronial system and expands the scope of situations that may trigger coronial involvement.

In short, the Regulations have been amended since making, with the 2022 package being the most recent published amendment in this version. The endnotes and marginal amendment markers identify the precise changes and their statutory rule citations, and the instrument will sunset in 2029 unless remade.

The Regulations themselves do not contain a record of litigation. This instrument is a set of prescription rules and forms; it does not include case law, judicial interpretations, or examples of contested enforcement actions. The text supplied includes no named cases, judicial decisions, or adjudicated disputes concerning any operative regulation.

For practitioners seeking litigation history relevant to the Regulations:

The Regulations reference specific powers and offences in the Coroners Act 2008 (for example s 37, s 38, s 42, s 55, s 59, s 73, s 95, s 103), so litigation examining the scope, meaning or application of those Act provisions may be directly relevant to how the prescribed forms and registers are used or enforced. The Regulations themselves do not decide statutory meaning; they specify forms and particulars to implement the Act.
Because the Regulations prescribe forms that include statutory warnings and operational wording (for example, Form 4’s multilingual legal-advice note and statutory warnings), litigation could arise over the adequacy, validity or effect of a prescribed notice in particular cases; none are recorded in the instrument itself.

Recommended practical steps (consistent with the Regulations’ silence on litigation)

When advising clients, check the jurisprudence interpreting the specific Act sections relied on by the prescribed forms and registers (for example, cases interpreting s 42 production powers, s 37 restricted-area powers, s 50 self-incrimination protections, s 59 arrest for non-attendance, s 103 contempt powers, or s 73 publication restrictions). The Regulations do not substitute for interpretive case law.
Search court databases and coronial published findings for decisions that reference or evaluate the prescribed Forms or registers, especially any rulings on the operation of reg 6 (pathologist approval), reg 12 (nursing registration and tissue removal), regs 7-8 (SDA resident reporting duties), and the enforcement elements of Forms 1-5 and 8. The Regulations provide process but the courts determine legal limits and admissibility.

Because the Regulations do not record litigation, this section records only that there is no litigation history contained within the instrument. Practitioners must consult external legal databases and coronial decisions to assemble a litigation picture relevant to the operation of these Regulations in contested situations.

The Regulations are compact but contain several practical traps and implementation details that can catch practitioners and administrators if overlooked. Below are the most concrete risks and awkward edges grounded in the text.

Narrow definition and funding condition for SDA responsible persons (regs 5, 7, 8)

The Regulations make an SDA resident a person “placed in custody or care” only where the resident is residing in an “SDA enrolled dwelling” (reg 7(1)(d)), using the Residential Tenancies Act 1997 definition imported into reg 5. The “responsible person” for reporting such a death is limited to a person funded to provide the SDA resident with daily independent living support (reg 8(b)(i)), and who has reasonable grounds to believe the death has not already been reported (reg 8(b)(ii)). Practitioners should note the narrowness of “funded to provide” , unpaid carers or providers not funded in the specified way may not be captured. Determining whether an entity is “funded” requires checking funding arrangements and may be contested in practice.

Discretion and administrative approval in pathologist qualification (reg 6)

Reg 6(b) allows the Director of the Institute to approve in writing a registered medical practitioner’s qualifications and experience for the purposes of being a pathologist. That creates a discretionary, document-based approval route, which could produce inconsistency if the Institute’s criteria are not transparent. Practitioners should seek written approvals and retain documentation; absence of a Fellowship does not automatically disqualify a practitioner if the Director provides written approval.

Form rigidity and mandatory content (regs 13-20; Schedule 1)

The Regulations require certain notices and orders to be in the prescribed Forms. Failure to use the correct form or to include required warnings and content could result in procedural challenges. Forms also include template language that must be deleted if inapplicable; failure to edit the form appropriately could create confusion or be contested.

Self-incrimination protection practicalities (Form 4)

Form 4 restates the s 50 protection against giving information that would tend to incriminate. The form requests that a person advise the coroner in writing if they intend to rely on s 50 and therefore not comply. That procedural request, while non-binding on the existence of the privilege, creates an expectation; advisers should ensure clients understand the protection and the formalities around asserting it to avoid certificate or admissibility issues.

Registers for authorisations to investigate deaths and fires (regs 21-22), exhumations (reg 23), and witness certificates (reg 24) may be inspected only by order of a coroner. By contrast, the register of orders restricting disclosure may be inspected during ordinary business hours unless a coroner orders otherwise (reg 25(3)). These differing access rules could create practical confusion about public transparency. If a party expects to inspect a register (for example, to trace authorisations), they must either obtain a coroner’s order or, for the disclosure-order register, attend during business hours , unless a coroner makes a contrary order.

Badge-number requirement and evidentiary tracing (regs 21-22)

The authorisations-to-investigate registers require the “full name and badge number” of the authorised police officer (regs 21(1)(f), 22(1)(f)). Failing to record badge numbers or using inconsistent officer identifiers may impair traceability and later enforcement or review.

Penalty-unit dependence and changing dollar amounts (endnotes)

Penalties in the prescribed Forms are expressed in penalty units (for example, 60 penalty units in restricted-place notices and 20 penalty units for failure to produce documents). The dollar value of a penalty unit is fixed annually by the Treasurer under the Monetary Units Act 2004 and thus changes over time (endnotes). Practitioners should calculate the current dollar equivalent rather than rely on static dollar figures printed on older documents.

Language and accessibility obligations in Form 4

Form 4 mandates that the advice to seek legal counsel be printed in numerous languages (English and many others listed in the schedule text). Administrative failure to provide these multilingual notices could be criticised for procedural unfairness, particularly where language barriers exist.

Who administers oaths (reg 18)

An oath or affirmation for a coroner must generally be administered by the State Coroner, but the State Coroner’s own oath must be administered by the Chief Judge of the County Court (reg 18(b)-(c)). Failure to follow this prescription could raise questions about the validity of the oath for the State Coroner.

Insurance, contract and commercial consequences of restricted-access notices

Restricted-place notices carry the risk of operational disruption and potential commercial loss for businesses or landowners. The Regulations do not provide compensation mechanics; parties affected by access restrictions must rely on other legal avenues if they seek redress. The prescribed penalties for unauthorised entry are criminal; the Regulations do not create private civil remedies within their text.

Form editing pitfalls

Many forms contain bracketed placeholders and “Delete if inapplicable” instructions which must be correctly completed. Mistakes in editing the prescribed templates may lead to procedural ambiguity or enforcement challenges.

In summary, the principal "gotchas" arise from narrow definitional choices (SDA duties depending on “funded” support), administrative discretion points (Director approval for pathologists), rigid form requirements and editing risks, divergent register access rules, and the dependency of fines on fluctuating penalty-unit values. Practitioners and administrators should treat the Regulations as binding templates that require careful, contemporaneous execution and cross-checking with the Act and with related statutory regimes.

This section provides a practical compliance checklist built strictly from the provisions of the Regulations. It is a procedural playbook: who to notify, what forms to use, what to record, and how to respect rights included in the prescribed material.

Reporting deaths of persons placed in custody or care (regs 7-8)
- Identify whether the deceased falls within the prescribed classes in reg 7: detained in Victoria under Commonwealth/other-jurisdiction law (reg 7(1)(a)), dying while an authorised person attempted to take custody (reg 7(1)(b)), dying while in the care/control/custody of an authorised person and in detention under other-jurisdiction law (reg 7(1)(c)), or, if relevant, an SDA resident in an SDA enrolled dwelling (reg 7(1)(d)).
- Establish who is the “responsible person” under reg 8: typically the authorised person described in reg 7(2); for SDA residents the responsible person is the funded support provider as defined in reg 8(b).
- If you are a responsible person, report the death to the coroner or the Institute in accordance with the Act; the Regulations specify who is responsible (reg 8) but timing and method derive from the Act itself.
Providing prescribed particulars (regs 9, 10, 16)
- If a coroner determines a reported death is not reportable, provide the particulars listed in reg 9: full name, date of birth or age at death, cause of death, date and place, sex, Indigenous status if known, next of kin details if known, and funeral director details if known.
- For reportable deaths that do not require investigation, provide the particulars in reg 10 (similar limited dataset).
- After coronial investigation, ensure the particulars specified in reg 16 are notified: full name, date of birth or age, cause of death, date and place, sex, and Indigenous status if known.
Responding to a requirement for documents or prepared statements (reg 15; Form 4)
- If you receive a Form 4 requirement to give documents or statements, note that the requirement is issued under s 42(1) and must be complied with within the period specified by the coroner (reg 15 and Form 4).
- Understand and, where applicable, assert the s 50 self-incrimination protection: you are not required to give information that would tend to incriminate you; Form 4 asks for written advice if you intend to rely on s 50.
- Seek legal advice promptly: Form 4 and Form 5 include advice to seek legal representation and Form 4 prescribes multilingual information requirements for legal-advice prompts.
Responding to a summons (reg 17; Form 5)
- A summons to attend as a witness or produce documents must be in Form 5. If served, attend the specified venue and time, and bring required documents. If you wish to object under s 57 or claim privilege under the Evidence Act 2008, make the appropriate application as noted in Form 5.
Restricted access notices and site management (regs 13-14; Forms 1-3)
- If a coroner or Chief Commissioner issues a restricted-access notice, it must be in the prescribed Form. The notice will state the restricted place and include the penalty notice (60 penalty units or 6 months imprisonment) for unauthorised entry.
- Do not enter a restricted place without lawful authority; enforcement is statutory. If executing operational decisions (site control, evidence preservation), use the prescribed Form so the notice meets statutory requirements.
Maintaining and accessing registers (regs 21-25)
- Principal registrar responsibilities: keep registers with the prescribed fields:
  - Authorisations to investigate deaths: regs 21(1)(a)-(f) (name of deceased, date of death, coroner, date and expiration of order, police officer full name and badge number).
  - Authorisations to investigate fires: regs 22(1)(a)-(f).
  - Exhumations: regs 23(1)(a)-(d).
  - Witness certificates: regs 24(1)(a)-(e).
  - Orders restricting disclosure: reg 25(2)(a)-(d).
- Inspection: know the inspection regime. Registers under regs 21-24 may be inspected by order of a coroner (regs 21(2), 22(2), 23(2), 24(2)). The register for disclosure orders may be inspected during ordinary business hours unless a coroner otherwise orders (reg 25(3)). Make practical procedures to process requests for coroner orders and to allow public inspection of the disclosure-order register during business hours unless an order restricts access.
Pathologist and nursing personnel compliance (regs 6, 12)
- Pathologists: ensure that coronial medical practitioners either hold Fellowship of the Royal College of Pathologists of Australasia or have written approval from the Director of the Institute (reg 6). If advising a practitioner without Fellowship, obtain and record the Director’s written approval.
- Tissue removal: verify that any nurse assisting removal of human tissue is registered under the Health Practitioner Regulation National Law as a registered nurse in the registered nurses division (reg 12). Midwives or student nurses are excluded from this prescription.
Oaths, affirmations and administration (regs 18-19; Forms 6-7)
- Ensure oaths and affirmations for coroners use Form 6 and are administered by the State Coroner, except that the State Coroner’s oath must be administered by the Chief Judge of the County Court (reg 18(b)-(c)).
- Oaths/affirmations for judicial registrars must use Form 7 and be administered by the State Coroner or Deputy State Coroner (reg 19).
Fees for document copies (reg 26)
- When providing copies of documents, charge no more than $1.00 per black-and-white page and no more than $2.00 per colour page (reg 26). Remember that s 118 of the Act permits waivers, reductions or refunds of prescribed fees. Also calculate monetary values using the contemporaneous penalty-unit/monetary-unit rules where relevant (endnotes).
Enforcement templates and arrest warrants (reg 20; Form 8)
- If issued a warrant for arrest for contempt or required to execute such a warrant, use Form 8 for the arrest instruction and follow the endorsement for bail template if releasing on an undertaking.
Publication and non-publication orders recordkeeping (reg 25)
- Record orders made under s 73 of the Act not to publish findings on the internet and orders under Part 3 of the Open Courts Act 2013 in the register prescribed by reg 25(1). Make that register available for inspection during ordinary business hours unless a coroner orders otherwise (reg 25(3)).
Administrative documentation and retention
- Keep written approvals, coroner orders, notices and register entries in a retrievable manner to support future inspections, audits or challenges. Pay attention to the specific data fields required in regs 21-25; omission of required data (for example, badge numbers) affects compliance.
Translation and access obligations
- Implement the multilingual information provision required by Form 4 for legal-advice prompts and ensure that interpreting services are available or signposted as required by reg 11(l)(ii). Reg 11 mandates that information provided about the coronial process includes details about interpreting services and translated information.
Monitor statutory changes and sunset date
- Note that the Regulations were amended in 2022 and that the instrument will sunset on 10 September 2029 under the Subordinate Legislation Act 1994 unless remade (endnotes). Review for future amendments and remaking activity ahead of the sunset date.

Checklist summary for a coroner’s office or regulated entity

Use the prescribed form for each statutory function (Forms 1-8).
Record required data in the principal registrar’s registers per regs 21-25 and be ready to process inspection requests subject to the coroner’s order or public-hours rule for disclosure orders.
If relying on a non-Fellow pathologist, obtain written Director approval (reg 6(b)).
If receiving a Form 4, comply within the specified period unless asserting s 50; document any assertion in writing.
Ensure SDA support providers understand whether they are “funded to provide daily independent living support” and therefore have reporting duties under reg 8(b).
Charge document-copy fees within the caps in reg 26 and apply s 118 waivers where appropriate.

Following the concrete steps above ensures compliance with the prescriptive and procedural requirements the Regulations set out. Practitioners should coordinate these actions with the operational rules and timelines set out in the Coroners Act 2008 itself.

Coroners Regulations 2019

Plain English Summary

Deep Dive

What it does

Current sections

Coroners Regulations 2019

Source text: opening excerpt

1 Coroners Regulations 2019

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply