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
(c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
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
(c) a person who is dying from an injury incurred while—
(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
(c) the cause of 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
(c) the cause of 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
(c) what the purpose of a coronial investigation is, including the following—
(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
(c) the cause of 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
(c) an oath or affirmation of office for the State Coroner must be administered by the Chief Judge of the County Court.
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;
(c) name of the coroner who made the order;
(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;
(c) name of the coroner who made the order;
(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;
(c) name of the State Coroner who made the order;
(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;
(c) name of the coroner who made the order;
(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;
(c) date of 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 [insertname] 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.
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. ↑