Victorian Institute of Forensic Medicine Act 2024

This Act establishes the Victorian Institute of Forensic Medicine as a statutory corporate body, repeals the earlier Victorian Institute of Forensic Medicine Act 1985, and consequentially amends multiple Victorian Acts that reference the Institute or its leadership. The core mechanical changes are:

Establishment of a new corporate Institute with perpetual succession, an official seal, capacity to sue and be sued, and property powers (s 5(1)-(2)).
A modern governance structure centred on a Board appointed by the Governor in Council on the recommendation of the Attorney‑General, with defined composition, appointment processes, terms and removal grounds (s 11, s 13, s 15).
Creation of executive roles: a Chief Executive Officer (CEO) employed as an executive under the Public Administration Act 2004, and a Director of Forensic Medicine who must hold, or be appointed to, a senior academic position at a Victorian university (s 24, s 26). The Act permits one person to hold both roles but caps remuneration to one role where both are held concurrently (s 24(5), s 26(4)).
Detailed statement of objects and functions, including provision and coordination of forensic services and human tissue services, assistance to the Coroners Court, mortuary services, teaching, training and research, and the power to enter service agreements and to impose fees (s 8, s 9, s 10).
Express powers and constraints for the use and disclosure of information in connection with research and policy support, incorporating pre‑disclosure notification requirements to the State Coroner or Chief Commissioner of Police where a proposed use or disclosure could prejudice coronial or criminal investigations, and a 21‑day consultation period (s 32-34).
Specific provisions enabling the Institute to receive, remove, process, store and supply human tissue for transplantation or medical and scientific purposes, including tissue from interstate and overseas sources (s 9(1)(m)).

Authorised Version No. 001

Victorian Institute of Forensic Medicine Act 2024

No. 34 of 2024

Authorised Version as at
1 July 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

Division 1—Purposes, commencement and definitions 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Division 2—Principles for the administration of this Act 5

4 Persons to have regard to principles 5

Part 2—Victorian Institute of Forensic Medicine 6

Division 1—Establishment of the Institute 6

5 Victorian Institute of Forensic Medicine 6

6 Official seal 6

7 Institute represents the Crown 6

Division 2—Objects, functions and powers of the Institute 7

8 Objects 7

9 Functions of the Institute 7

10 Powers 11

Division 3—Institute Board 12

11 Board 12

12 Functions of the Board 14

13 Term of office 16

14 Resignation 16

15 Removal from office 16

16 Remuneration 16

17 Chairperson 17

18 Acting chairperson 17

19 Meetings 18

20 Board must establish stakeholder advisory group 18

21 Board may establish advisory groups and committees 19

22 Board may engage consultants 19

23 Delegation by Board 19

Division 4—Chief Executive Officer and Director of Forensic Medicine 19

24 Chief Executive Officer 19

25 Functions of Chief Executive Officer 20

26 Director of Forensic Medicine 21

27 Functions of Director of Forensic Medicine 22

28 Delegation and sub-delegation by Chief Executive Officer 23

29 Delegation and sub-delegation by Director of Forensic Medicine 23

Division 5—Staff and other employees 24

30 Staff 24

31 Other employees 24

Division 6—Use and disclosure of information by the Institute 25

32 Use of information by the Institute for the purposes of conducting research 25

33 Disclosure of information by the Institute to entities developing policy or conducting research 25

34 Notification requirements 26

Part 3—General 28

35 Regulations 28

Part 4—Repeal, savings and transitional provisions 30

Division 1—Repeal 30

36 Repeal of Victorian Institute of Forensic Medicine Act 1985 30

Division 2—Savings and transitional provisions 30

37 Definitions 30

38 Application of Interpretation of Legislation Act 1984 30

39 Victorian Institute of Forensic Medicine 30

40 Victorian Institute of Forensic Medicine Council 31

41 Director of the Institute 31

42 Regulations dealing with transitional matters 31

Part 5—Amendment of Acts 33

Division 1—Amendment of Births, Deaths and Marriages Registration Act 1996 33

43 Definitions 33

44 Registrar's general functions 33

Division 2—Amendment of Coroners Act 2008 33

45 Purposes 33

46 Definitions 33

47 Reviewable deaths may be referred to the Institute 33

48 Principal registrar to provide certain information to VIFM 33

49 Members of the Council 34

Division 3—Amendment of Crimes Act 1958 34

50 Voluntary samples given by police or VIFM personnel 34

51 Destruction of samples given by police and VIFM personnel and storage of DNA information 34

Division 4—Amendment of Human Tissue Act 1982 35

52 Disclosure of information 35

Division 5—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011 35

53 Definitions 35

Division 6—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988 35

54 Definitions 35

Division 7—Amendment of Public Administration Act 2004 36

55 Persons with functions of public service body Head 36

Division 8—Amendment of Public Health and Wellbeing Act 2008 37

56 Orders and authorisations for tests by senior medical officer 37

57 Directions about orders or authorisations 37

Division 9—Amendment of Rail Safety National Law Application Act 2013 38

58 Definitions 38

59 Approval of person to take blood samples for the purposes of the Law and this Part 38

Division 10—Amendment of Road Safety Act 1986 38

60 Definitions 38

Division 11—Repeal of this Part 39

61 Repeal of this Part 39

═════════════

Endnotes 40

1 General information 40

2 Table of Amendments 42

3 Explanatory details 43

Authorised Version No. 001

Victorian Institute of Forensic Medicine Act 2024

No. 34 of 2024

Authorised Version as at
1 July 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

Division 1—Purposes, commencement and definitions

1 Purposes

The purposes of this Act are—

(a) to establish the Victorian Institute of Forensic Medicine; and

(b) to repeal the Victorian Institute of Forensic Medicine Act 1985; and

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2025, it comes into operation on that day.

3 Definitions

In this Act—

acting chairperson means the acting chairperson of the Board appointed under section 18;

Board means the Board of the Institute;

chairperson means the chairperson of the Board appointed under section 17;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Chief Executive Officer means the Chief Executive Officer employed under section 24;

child means a person under 18 years of age;

clinical forensic medicine services means services provided in carrying out, or in connection with carrying out, any type of medical or scientific investigation (including the provision of a report or expert evidence about the investigation) on, or in relation to, a living person;

Example

Undertaking a forensic medical examination of an alleged victim of physical or sexual assault.

coroner has the same meaning as in section 3(1) of the Coroners Act 2008;

corresponding law means a law relating to the donation of human tissue for transplantation or for use for other therapeutic purposes or for medical or scientific purposes that—

(a) substantially corresponds to the Human Tissue Act 1982; or

(b) is prescribed for the purposes of this definition;

death includes suspected death;

Department means the Department of Justice and Community Safety;

Director of Forensic Medicine means the Director of Forensic Medicine appointed under section 26;

forensic medical investigation means a medical or scientific investigation (including the provision of a report or expert evidence about the investigation) carried out for the purposes of determining—

(a) the identity of a deceased person; or

(b) the medical circumstances of a person's death; or

forensic scientific services means—

(a) services provided in carrying out, or in connection with carrying out, any type of scientific analysis or reporting for purposes consistent with the objects of the Institute; or

Example

Toxicological analysis of a blood sample taken to determine a driver's blood alcohol content.

(b) operating a mortuary and providing mortuary technical services;

forensic services means the following—

(a) forensic medical investigations;

(b) clinical forensic medicine services;

health service provider has the same meaning as in section 3(1) of the Health Records Act 2001;

human tissue has the same meaning as tissue has in section 3(1) of the Human Tissue Act 1982;

human tissue services means—

(a) the removal, receipt, processing, storage or supply of human tissue; and

(b) any other service provided in connection with the removal, receipt, processing, storage or supply of human tissue;

Institute means the Victorian Institute of Forensic Medicine established by section 5;

medical examination has the same meaning as in section 3(1) of the Coroners Act 2008;

mortuary technical services means services provided in connection with the operation of a mortuary and the management of the body of a deceased person and includes—

(a) the receipt, admission, storage and release of the body of the deceased person; and

(b) the preparation and management of the body of the deceased person for—

(i) preliminary examination; and

(ii) autopsy; and

(iii) viewing by the senior next of kin or family of the deceased person;

parent has the same meaning as in section 3(1) of the Coroners Act 2008;

reportable death has the meaning given by section 4 of the Coroners Act 2008;

reviewable death has the meaning given by section 5 of the Coroners Act 2008;

Secretary means the Secretary to the Department;

senior next of kin has the same meaning as in section 3(1) of the Coroners Act 2008;

sibling has the same meaning as in section 3(1) of the Coroners Act 2008;

State Coroner has the same meaning as in section 3(1) of the Coroners Act 2008;

transplantation has the same meaning as in section 3(2) of the Human Tissue Act 1982.

Division 2—Principles for the administration of this Act

4 Persons to have regard to principles

In performing a function or exercising a power under this Act, a person should have regard, as far as possible in the circumstances, to the importance of the following—

(a) meeting professional standards relating to scientific integrity and ethics;

(b) pursuing benefits to the community and to the justice system;

(c) recognising the significant nature of the events to which the Institute's services relate and the need to be sensitive and responsive to persons affected by those events;

(d) promoting public health and safety;

(e) promoting the administration of justice;

(f) respecting the cultural beliefs of persons affected by the events to which the Institute's services relate;

(g) recognising the diverse needs of Aboriginal communities, including the importance of self-determination and connection to culture, family, community and Country.

Part 2—Victorian Institute of Forensic Medicine

Division 1—Establishment of the Institute

5 Victorian Institute of Forensic Medicine

(1) The Victorian Institute of Forensic Medicine is established.

Note

See also section 39.

(2) The Institute—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

6 Official seal

(1) The official seal of the Institute—

(a) must be kept in custody as directed by the Institute; and

(b) must not be used except as authorised by the Institute.

(2) All courts must take judicial notice of the official seal of the Institute affixed to a document and, until the contrary is proved, presume that it was duly affixed.

7 Institute represents the Crown

In performing its functions and exercising its powers, the Institute represents the Crown.

Division 2—Objects, functions and powers of the Institute

8 Objects

The objects of the Institute are as follows—

(a) to provide or assist in the provision of forensic services and human tissue services;

(b) as far as is practicable, to oversee and coordinate the provision of forensic services in Victoria;

(d) to contribute to public health and safety and the administration of justice;

(e) to contribute to reducing the number of preventable deaths;

(f) to contribute to the development of knowledge and practice, and to innovation, in the provision of forensic services and human tissue services by conducting research, supporting the research of other entities and providing and assisting in the provision of teaching and training.

9 Functions of the Institute

(1) The Institute has the following functions—

(a) to conduct—

(i) medical examinations at the direction of a coroner or otherwise in accordance with the Coroners Act 2008; and

(ii) forensic medical investigations in respect of deaths other than reportable deaths, for purposes consistent with the objects of the Institute;

(b) to receive reports of reportable deaths and reviewable deaths for referral to coroners or the State Coroner (as appropriate) under Part 3 of the Coroners Act 2008;

(c) on behalf of a coroner, to receive under Division 2 of Part 4 of the Coroners Act 2008 requests for investigations into fires and to refer those requests to a coroner;

(d) to take possession of bodies, and where possession of a body is taken on behalf of a coroner, to provide for the release of the body following an order made by a coroner under section 47 of the Coroners Act 2008;

(e) on behalf of a coroner, to request and receive information, including from family members of deceased persons, to assist coroners and the principal registrar of the Coroners Court with their functions under the Coroners Act 2008;

(f) to provide assistance and guidance in relation to whether a death is a reportable death or a reviewable death to a person who has an obligation to report deaths under Part 3 of the Coroners Act 2008;

(g) to provide information about the coronial process (whether during the process or after its completion) to, and to discuss that process with, the senior next of kin and family members of a deceased person or to explain to the senior next of kin and family members of a deceased person any forensic medical investigation that is performed on or in relation to the deceased person;

(h) to investigate, assess and initiate responses in respect of the health of a parent, or the health or safety of a living sibling, of a deceased child whose death is a reviewable death;

(i) to assist the principal registrar of the Coroners Court to provide any information prescribed for the purposes of section 21 of the Coroners Act 2008 as required by that section;

(j) to request and receive ante-mortem specimens from hospitals and other entities for the purposes of forensic medical investigations;

(k) to provide clinical forensic medicine services to Victoria Police and other entities;

(l) to provide forensic scientific services to the following—

(i) the Coroners Court to assist coroners with their functions under the Coroners Act 2008;

(ii) the State;

(iii) Victoria Police and other public entities;

(iv) entities established by or under legislation of another State or a Territory or the Commonwealth;

(v) private entities;

(m) to carry out the following actions in relation to human tissue—

(i) to receive human tissue taken in accordance with the Human Tissue Act 1982 (whether under Part X of that Act or otherwise) from living persons in Victoria;

(ii) to receive human tissue taken in accordance with the Human Tissue Act 1982 from deceased persons in Victoria;

(iii) to remove human tissue in accordance with the Human Tissue Act 1982 from deceased persons in Victoria;

(iv) to remove human tissue, or receive human tissue taken, in accordance with a corresponding law of another State or a Territory;

(v) to receive human tissue taken in accordance with a corresponding law of a country other than Australia;

(vi) to process, store and supply human tissue referred to in subparagraph (i), (ii), (iii), (iv) or (v)—

(A) for transplantation to living persons in Victoria or elsewhere; or

(B) for use, in Victoria or elsewhere, for other therapeutic purposes or for medical or scientific purposes;

(n) to provide teaching and training for purposes consistent with the objects of the Institute;

(o) to conduct research for purposes consistent with the objects of the Institute;

(p) to support other entities in developing policy or conducting research for purposes consistent with the objects of the Institute;

(q) any other function conferred on the Institute by or under this Act or any other Act.

(2) The Institute must keep records of the results of medical examinations and forensic medical investigations conducted in performing its function under subsection (1)(a).

(3) The performance of the function specified in subsection (1)(h) is concluded when the Institute has completed its investigation and assessment and initiated responses.

10 Powers

(1) The Institute may do all things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its functions.

(2) Without limiting subsection (1), for the purposes of performing its functions under section 9(1*)*(a) to (n) and (q), the Institute has power to—

(a) enter into agreements for services provided by the Institute; and

(b) impose fees and charges for the provision of services by the Institute; and

(3) Without limiting subsection (1), for the purposes of performing its function under section 9(1)(h), the Institute has power to—

(a) advise the State Coroner as to whether a reviewable death requires further investigation; and

(b) consult the family of the deceased child and other persons, including a health service provider, to assess the family's need for health and support services; and

(d) assess whether a report under section 183 of the Children, Youth and Families Act 2005 should be made in respect of any living sibling of the deceased child; and

(e) make a report under section 183 of the Children, Youth and Families Act 2005 in respect of any living sibling of the deceased child; and

(f) advise the State Coroner that the Institute has made a report under section 183 of the Children, Youth and Families Act 2005 in respect of any living sibling of the deceased child.

(4) Without limiting subsection (1), for the purposes of performing its functions under section 9(1)(o) and (p), the Institute has power to—

(a) enter into agreements for services provided by the Institute; and

(b) impose fees and charges for the provision of services by the Institute.

Note

See also Division 6 which provides for the Institute's power to use and disclose information it holds about an individual.

(5) Despite any other Act or law, a person to whom a request for information is made by the Institute in performing a function or exercising a power referred to in subsection (2) or (3) is authorised by this section to provide the information requested.

Division 3—Institute Board

11 Board

(1) The Institute must have a governing body called the Board.

(2) The Board—

(a) is responsible for the governance of the Institute; and

(b) may exercise the powers of the Institute.

(3) The Board consists of—

(a) a chairperson; and

(b) not fewer than 6, and not more than 8, other members.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.

(5) The members of the Board must be appointed by the Governor in Council on the recommendation of the Attorney-General.

(6) In making a recommendation to the Governor in Council, the Attorney-General must be satisfied that—

(a) each person who is recommended has appropriate knowledge, skills and experience in one or more of the following—

(i) a field of forensic medicine or a relevant field of science;

(ii) commercial, operational, legal or financial matters;

(iii) clinical governance;

(iv) the criminal justice system;

(v) any other field relevant to the functions of the Board; and

(b) at least one member of the Board has financial expertise to ensure that the Institute's financial management obligations under the Financial Management Act 1994 are met.

(7) In making a recommendation to the Governor in Council, the Attorney-General may have regard to the degree to which the knowledge, skills and experience specified in subsection (6) are collectively held by any existing members of the Board.

(8) The State Coroner and the Chief Executive Officer are not eligible to be appointed to the Board.

12 Functions of the Board

The Board has the following functions—

(a) in relation to clinical governance—

(i) to promote a culture of quality, accountability, learning and innovation; and

(ii) to monitor and improve the reliability of forensic services and human tissue services; and

(iii) to ensure that robust quality management systems are in place and that any problems identified with the quality of forensic services and human tissue services are addressed in a timely manner;

(b) in relation to corporate governance—

(i) to set the strategic direction of the Institute; and

(ii) to approve and monitor compliance with organisational plans and frameworks (including strategic and annual corporate plans), statements of priorities and clinical governance frameworks; and

(iii) to approve and monitor performance against financial and business plans so as to ensure the efficient provision of all services, the efficient management of public resources and the long-term financial viability of the Institute; and

(iv) to make recommendations to the chairperson about the employment of the Chief Executive Officer and to monitor and annually review the Officer's performance; and

(v) to make recommendations to the Institute about the appointment of the Director of Forensic Medicine and to monitor and annually review the Director's performance; and

(vi) to endorse an annual report on the Institute's operations and finances for the purposes of Part 7 of the Financial Management Act 1994; and

(vii) to report regularly to the
Attorney-General on any emerging or actual performance concerns, performance against agreed standards and any other information as requested by the Attorney-General; and

(viii) to ensure that the Institute is effectively managed and that its services are well designed, fit for purpose and meet relevant industry standards; and

(ix) to build and maintain relationships with the academic community and relevant stakeholders so as to promote excellence in teaching, training and research and ensure continuous improvement and innovation.

13 Term of office

(1) A member of the Board—

(a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and

(b) subject to subsection (2), is eligible for reappointment.

(2) A member of the Board may not hold office for more than three consecutive terms.

14 Resignation

A member of the Board may resign from the office of member by written notice given to the Governor in Council, the Attorney-General and the Board.

15 Removal from office

The Governor in Council, on the recommendation of the Attorney-General, may remove a member of the Board from office if the member—

(a) becomes unable, for any reason, to perform the duties of the member's office; or

(b) is convicted or found guilty of an indictable offence; or

(d) is absent from three consecutive meetings of the Board without the approval of the Board.

16 Remuneration

A member of the Board is entitled to be paid any remuneration and any travelling and other allowances determined by the Governor in Council and specified in the instrument of appointment.

17 Chairperson

(1) The Governor in Council, on the recommendation of the Attorney-General, must appoint a member of the Board as the chairperson of the Board.

(2) The chairperson—

(a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and

(b) subject to subsection (3), is eligible for reappointment.

(3) The chairperson may not hold office as chairperson for more than three consecutive terms.

(4) The chairperson may resign from the office of chairperson by written notice given to the Governor in Council, the Attorney-General and the Board.

18 Acting chairperson

(1) The Governor in Council, on the recommendation of the Attorney-General, must appoint one of the members of the Board to act as chairperson—

(a) during a vacancy in the office of chairperson; or

(b) during any period when the chairperson is absent or temporarily unable to perform the duties of the chairperson's office.

(2) A member appointed under subsection (1)—

(a) holds office for the period (not exceeding three years) specified in the instrument of appointment; and

(b) may not be reappointed unless the
Attorney-General recommends the reappointment.

(3) While acting as chairperson, a member of the Board has all the powers and must perform all the functions of the office of chairperson.

19 Meetings

(1) At a meeting of the Board—

(a) if the chairperson is present, the chairperson is to preside; or

(b) if the chairperson is absent, the acting chairperson is to preside; or

(c) if both the chairperson and the acting chairperson are absent, a member elected by the members at the meeting is to preside.

(2) The Board may regulate its own procedure.

(3) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting on the question.

(4) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a second or casting vote.

20 Board must establish stakeholder advisory group

(1) The Board must establish an advisory group, which includes stakeholders relevant to one or more of the following, to assist the Board in its decision-making and the performance of its functions—

(a) the principles for the administration of this Act set out in Division 2 of Part 1;

(b) the Institute's objects;

(2) The stakeholder advisory group may regulate its own procedure.

21 Board may establish advisory groups and committees

(1) The Board may establish any advisory group or committee it considers appropriate to support the performance of any of its functions.

(2) Any person may be appointed to an advisory group or committee whether or not that person is a member of the Board.

(3) An advisory group or committee may regulate its own procedure.

22 Board may engage consultants

The Board may engage any consultant required to assist the Board in performing its functions.

23 Delegation by Board

(1) The Board may delegate to the Chief Executive Officer any of its functions or powers under this Act.

(2) A delegation under this section must be in writing.

Note

See also section 42A of the Interpretation of Legislation Act 1984.

Division 4—Chief Executive Officer and Director of Forensic Medicine

24 Chief Executive Officer

(1) The chairperson, on the recommendation of the Board, must employ a person as Chief Executive Officer of the Institute.

(2) In making a recommendation for the purposes of subsection (1), the Board must be satisfied that the person who is recommended has the appropriate knowledge, skills and experience to perform the functions of, and exercise the powers of, the Chief Executive Officer.

(3) The Chief Executive Officer is to be employed as an executive within the meaning of the Public Administration Act 2004.

(4) A Chief Executive Officer—

(a) holds office for the period (not exceeding five years) specified in the contract of employment; and

(b) is eligible for reappointment.

(5) If a person is employed as Chief Executive Officer and appointed as Director of Forensic Medicine for the same period, the person is entitled to be paid for either but not both roles.

(6) The Chief Executive Officer is accountable to the Board for the Institute's performance.

25 Functions of Chief Executive Officer

The Chief Executive Officer has the following functions—

(a) to manage the day-to-day operations of the Institute on behalf of the Board;

(b) to prepare material for consideration by the Board, including a strategic plan and a statement of priorities;

(d) to implement service development and planning strategies, including effective and accountable systems to monitor and improve the services provided by the Institute;

(e) to ensure that any problems relating to the quality, safety or effectiveness of services provided by the Institute are addressed in a timely manner;

(f) to ensure that the Institute continuously strives to improve the quality of the services it provides, and to promote innovation;

(g) to manage the Institute in accordance with the governance frameworks, financial and business plans, strategies and budgets endorsed by the Board;

(h) to provide the Board with operational updates and key performance information;

(i) to inform the Board, the Attorney-General and the Secretary in a timely manner of any issues of public concern or risks that affect or may affect the Institute;

(j) to perform any function delegated to the Chief Executive Officer by the Board.

26 Director of Forensic Medicine

(1) The Institute, on the recommendation of the Board, must appoint a person as Director of Forensic Medicine of the Institute.

(2) Before appointing a person under subsection (1), the Institute must be satisfied that the person—

(a) has expertise in science and forensic medicine including pathology; and

(b) either—

(i) holds office as a senior academic in forensic medicine at a Victorian university; or

(ii) will hold office as a senior academic in forensic medicine at a Victorian university—

for the duration of the person's appointment under subsection (1).

(3) The Director of Forensic Medicine—

(a) holds office for the period (not exceeding five years) specified in the instrument of appointment; and

(b) is eligible for reappointment.

(4) If a person is appointed as Director of Forensic Medicine and employed as Chief Executive Officer for the same period, the person is entitled to be paid remuneration for either but not both roles.

27 Functions of Director of Forensic Medicine

The Director of Forensic Medicine has the following functions—

(a) to advise the Chief Executive Officer on forensic services and human tissue services and matters relating to forensic services and human tissue services; and

(b) to advise the Chief Executive Officer on clinical governance and matters relating to clinical governance; and

(d) to supervise research conducted by the Institute; and

(e) to supervise teaching and training provided by the Institute; and

(f) to perform any function delegated to the Director by the Chief Executive Officer.

28 Delegation and sub-delegation by Chief Executive Officer

(1) Subject to subsection (2), the Chief Executive Officer may delegate to any employee under section 30 or 31 any of the Chief Executive Officer's functions or powers under this Act.

(2) Despite any delegation under this section, the Chief Executive Officer is accountable to the Board for the performance of the Chief Executive Officer's functions and the exercise of the Chief Executive Officer's powers by a delegate.

(3) The Chief Executive Officer may delegate to any employee under section 30 or 31 any function or power delegated to the Chief Executive Officer under section 23.

(4) A delegation or sub-delegation under this section must be in writing.

(5) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as those sections apply to a delegation.

29 Delegation and sub-delegation by Director of Forensic Medicine

(1) Subject to subsection (2), the Director of Forensic Medicine may delegate to any employee under section 30 or 31 any of the Director's functions or powers under this Act.

(2) Despite any delegation under this section, the Director of Forensic Medicine is accountable to the Board for the performance of the Director's functions and the exercise of the Director's powers by a delegate.

(3) The Director of Forensic Medicine may delegate to any employee under section 30 or 31 any function or power delegated to the Director under section 28.

(4) A delegation or sub-delegation under this section must be in writing.

(5) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as those sections apply to a delegation.

Division 5—Staff and other employees

30 Staff

There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to enable the Institute to perform its functions.

31 Other employees

(1) The Institute may employ any person that is necessary to enable the Institute to perform its functions.

(2) A person employed by the Institute under subsection (1) who, immediately before employment, was an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be such an officer while an employee of the Institute.

Division 6—Use and disclosure of information by the Institute

32 Use of information by the Institute for the purposes of conducting research

Without limiting section 10(1), for the purposes of performing its function under section 9(1)(o), the Institute has power to use any information the Institute holds about an individual if—

(a) the Institute complies with section 34 in respect of the information; and

(b) having regard to the advice (if any) provided to the Institute in accordance with section 34, the use is not likely to prejudice—

(i) an investigation under Part 4 of the Coroners Act 2008; or

(ii) a criminal investigation; or

(iii) a criminal proceeding that has been or may be commenced.

33 Disclosure of information by the Institute to entities developing policy or conducting research

Without limiting section 10(1), for the purposes of performing its function under section 9(1)(p), the Institute has power to disclose any information the Institute holds about an individual to an entity developing policy or conducting research for purposes consistent with the objects of the Institute if—

(a) the Institute complies with section 34 in respect of the information; and

(b) having regard to the advice (if any) provided to the Institute in accordance with section 34, the disclosure is not likely to prejudice—

(i) an investigation under Part 4 of the Coroners Act 2008; or

(ii) a criminal investigation; or

(iii) a criminal proceeding that has been or may be commenced; and

(i) limits the entity's use of the information to the purposes specified in the agreement, being purposes consistent with the Institute's objects; and

(ii) provides that the entity's use of the information must not be likely to prejudice—

(A) an investigation under Part 4 of the Coroners Act 2008; or

(B) a criminal investigation; or

34 Notification requirements

(1) Before using any information under section 32, or disclosing any information under section 33, the Institute must—

(a) if the information relates to an investigation under Part 4 of the Coroners Act 2008—

(i) notify the State Coroner of the proposed use or disclosure; and

(ii) allow the State Coroner an opportunity to advise the Institute if the State Coroner reasonably considers that the proposed use or disclosure is likely to prejudice the investigation under Part 4 of the Coroners Act 2008; or

(b) if the information relates to a criminal investigation or a criminal proceeding that has been or may be commenced—

(i) notify the Chief Commissioner of Police of the proposed use or disclosure; and

(ii) allow the Chief Commissioner of Police an opportunity to advise the Institute if the Chief Commissioner reasonably considers that the proposed use or disclosure is likely to prejudice the criminal investigation or the criminal proceeding that has been or may be commenced.

(2) Notification by the Institute must—

(a) be in writing; and

(b) include a description of—

(i) the information that is to be used or disclosed; and

(ii) the purpose of the use or disclosure; and

(iii) in the case of a proposed disclosure, the entity to which it is proposed to disclose the information.

(3) Any advice from the State Coroner or the Chief Commissioner of Police to the Institute about a proposed use or disclosure of information must be received by the Institute within 21 days after the Institute notifies the State Coroner or Chief Commissioner of the proposed use or disclosure.

Part 3—General

35 Regulations

(1) The Governor in Council may make regulations for or with respect to the following—

(a) forms for the purposes of this Act;

(b) the manner in which a function of the Institute is to be performed;

(d) clinical processes to be followed by persons undertaking clinical work on behalf of the Institute;

(e) anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(d) apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—

(i) without modification or as modified by the regulations; or

(ii) as formulated or published on or before the date on which the regulations are made; or

(iii) as formulated or published from time to time.

Part 4—Repeal, savings and transitional provisions

Division 1—Repeal

36 Repeal of Victorian Institute of Forensic Medicine Act 1985

The Victorian Institute of Forensic Medicine Act 1985 is repealed.

Division 2—Savings and transitional provisions

37 Definitions

In this Division—

commencement day means the day on which the new Act comes into operation;

new Act means this Act;

old Act means the Victorian Institute of Forensic Medicine Act 1985.

38 Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Division and any regulations made under this Division do not affect or take away from the Interpretation of Legislation Act 1984.

39 Victorian Institute of Forensic Medicine

On and after the commencement day, the Victorian Institute of Forensic Medicine established by the old Act and in existence immediately before that day is taken to be the Victorian Institute of Forensic Medicine established by the new Act.

40 Victorian Institute of Forensic Medicine Council

On the commencement day, the Victorian Institute of Forensic Medicine Council established by section 67 of the old Act is abolished and its members go out of office.

41 Director of the Institute

(1) On the commencement day, the office of Director of the Institute under section 68 of the old Act is abolished and the Director goes out of office.

(2) A reference to the Director of the Institute under section 68 of the old Act in any Act, subordinate instrument or other document prepared or made under or for the purposes of any Act, must be construed as a reference to the Chief Executive Officer—

(a) to the extent that the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

42 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and

(b) be of limited or general application; and

(d) provide for the exemption of persons or matters or a class of person or matter from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

Part 5—Amendment of Acts

Division 1—Amendment of Births, Deaths and Marriages Registration Act 1996

43 Definitions

In section 4(1) of the Births, Deaths and Marriages Registration Act 1996, in the definition of Institute—

(a) omit "(1)";

(b) for "1985" substitute "2024".

44 Registrar's general functions

In section 6(ba) of the Births, Deaths and Marriages Registration Act 1996, for "1985" substitute "2024".

Division 2—Amendment of Coroners Act 2008

45 Purposes

Section 1(f) of the Coroners Act 2008 is repealed.

46 Definitions

In section 3(1) of the Coroners Act 2008, in the definition of Institute, for "1985" substitute "2024".

47 Reviewable deaths may be referred to the Institute

In section 18(1) and (2)(b) of the Coroners Act 2008, for "1985" substitute "2024".

48 Principal registrar to provide certain information to VIFM

(1) In section 29A of the Coroners Act 2008—

(a) for "section 66(4)(b)" substitute "section 9(1)(m)(ii), (iii) and (vi)";

(b) for "1985" substitute "2024".

(2) In the note at the foot of section 29A of the Coroners Act 2008—

(a) for "Section 66(4)(b)" substitute "Section 9(1)(m)(ii), (iii) and (vi)";

(b) for "1985" substitute "2024";

49 Members of the Council

In section 111(1)(b) of the Coroners Act 2008, for "Director" substitute "Chief Executive Officer".

Division 3—Amendment of Crimes Act 1958

50 Voluntary samples given by police or VIFM personnel

(1) In section 464ZGFA(1) of the Crimes Act 1958, in the definition of Institute, for "1985" substitute "2024".

(2) For section 464ZGFA(2)(b) of the Crimes Act 1958 substitute—

"(b) the Chief Executive Officer of the Institute or a person employed under section 30 or 31 of the Victorian Institute of Forensic Medicine Act 2024;".

51 Destruction of samples given by police and VIFM personnel and storage of DNA information

(1) In section 464ZGFB(2) of the Crimes Act 1958, for "Director" substitute "Chief Executive Officer".

(2) In section 464ZGFB(4) of the Crimes Act 1958—

(a) in paragraph (c), for "Director" (where twice occurring) substitute "Chief Executive Officer";

(b) in paragraphs (d) and (e), for "Director" substitute "Chief Executive Officer".

Division 4—Amendment of Human Tissue Act 1982

52 Disclosure of information

In section 45(5)(c) of the Human Tissue Act 1982—

(a) for "Part 9" substitute "Part 2";

(b) for "1985" substitute "2024".

Division 5—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011

53 Definitions

In section 3(2) of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) for "Director" (where twice occurring) substitute "Chief Executive Officer";

(b) for "1985" substitute "2024".

Division 6—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

54 Definitions

(1) In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 the definition of Director of the Victorian Institute of Forensic Medicine is repealed.

(2) In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 insert the following definition—

"Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;".

(3) In section 3(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Director" (where twice occurring) substitute "Chief Executive Officer".

Division 7—Amendment of Public Administration Act 2004

55 Persons with functions of public service body Head

(1) In section 16(1)(o) of the Public Administration Act 2004, for "Commission." substitute "Commission;".

(2) After section 16(1)(o) of the Public Administration Act 2004 insert—

"(p) the chairperson within the meaning of the Victorian Institute of Forensic Medicine Act 2024 in relation to the Victorian Institute of Forensic Medicine.".

Division 8—Amendment of Public Health and Wellbeing Act 2008

56 Orders and authorisations for tests by senior medical officer

In section 137(2) of the Public Health and Wellbeing Act 2008—

(a) for paragraph (a) substitute—

"(a) the Director of Forensic Medicine within the meaning of the Victorian Institute of Forensic Medicine Act 2024 is a senior medical officer; and";

(b) in paragraph (b), for "the Director of the Victorian Institute of Forensic Medicine may authorise a senior medical officer employed or engaged by the Victorian Institute of Forensic Medicine" substitute "the Director of Forensic Medicine of the Victorian Institute of Forensic Medicine may authorise a senior medical officer employed under section 30 or 31 of the Victorian Institute of Forensic Medicine Act 2024".

57 Directions about orders or authorisations

In section 141 of the Public Health and Wellbeing Act 2008—

(a) in subsection (1), for "Director" (wherever occurring) substitute "Chief Executive Officer";

(b) in subsection (2), for "Director" substitute "Chief Executive Officer".

Division 9—Amendment of Rail Safety National Law Application Act 2013

58 Definitions

In section 48A of the Rail Safety National Law Application Act 2013, for the definition of Victorian Institute of Forensic Medicine Director substitute—

"Victorian Institute of Forensic Medicine Chief Executive Officer means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024.".

59 Approval of person to take blood samples for the purposes of the Law and this Part

In section 48B of the Rail Safety National Law Application Act 2013, for "Director" (where twice occurring) substitute "Chief Executive Officer".

Division 10—Amendment of Road Safety Act 1986

60 Definitions

(1) In section 3(1) of the Road Safety Act 1986 the definition of Director of the Victorian Institute of Forensic Medicine is repealed.

(2) In section 3(1) of the Road Safety Act 1986 insert the following definition—

"Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;".

(3) In section 3(4) of the Road Safety Act 1986, for "Director" (where twice occurring) substitute "Chief Executive Officer".

Division 11—Repeal of this Part

61 Repeal of this Part

This Part is repealed on 1 July 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 May 2024

Legislative Council: 16 August 2024

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Institute of Forensic Medicine, to repeal the Victorian Institute of Forensic Medicine Act 1985, to consequentially amend other Acts and for other purposes."

The Victorian Institute of Forensic Medicine Act 2024 was assented to on 17 September 2024 and came into operation on 1 July 2025: section 2(2).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Victorian Institute of Forensic Medicine Act 2024 by Acts and subordinate instruments.

3 Explanatory details

No entries at date of publication.

1 Victorian Institute of Forensic Medicine Act 2024

Authorised Version No. 001

Victorian Institute of Forensic Medicine Act 2024

No. 34 of 2024

Authorised Version as at
1 July 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

Division 1—Purposes, commencement and definitions 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Division 2—Principles for the administration of this Act 5

4 Persons to have regard to principles 5

Part 2—Victorian Institute of Forensic Medicine 6

Division 1—Establishment of the Institute 6

5 Victorian Institute of Forensic Medicine 6

6 Official seal 6

7 Institute represents the Crown 6

Division 2—Objects, functions and powers of the Institute 7

8 Objects 7

9 Functions of the Institute 7

10 Powers 11

Division 3—Institute Board 12

11 Board 12

12 Functions of the Board 14

13 Term of office 16

14 Resignation 16

15 Removal from office 16

16 Remuneration 16

17 Chairperson 17

18 Acting chairperson 17

19 Meetings 18

20 Board must establish stakeholder advisory group 18

21 Board may establish advisory groups and committees 19

22 Board may engage consultants 19

23 Delegation by Board 19

Division 4—Chief Executive Officer and Director of Forensic Medicine 19

24 Chief Executive Officer 19

25 Functions of Chief Executive Officer 20

26 Director of Forensic Medicine 21

27 Functions of Director of Forensic Medicine 22

28 Delegation and sub-delegation by Chief Executive Officer 23

29 Delegation and sub-delegation by Director of Forensic Medicine 23

Division 5—Staff and other employees 24

30 Staff 24

31 Other employees 24

Division 6—Use and disclosure of information by the Institute 25

32 Use of information by the Institute for the purposes of conducting research 25

The Act is organised around several recurring legal and operational concepts. Key definitions in s 3 give statutory meanings that drive the scope of powers and obligations:

Forensic services, broken down into forensic medical investigations, clinical forensic medicine services and forensic scientific services, tie the Institute’s remit to investigations of identity, causes of death and medical circumstances, and scientific analysis including mortuary technical services (s 3, s 9(1)(a), s 9(1)(l)). The term clinical forensic medicine services is explicitly defined to include medical or scientific investigations on living persons (s 3).
Human tissue services are defined expansively to include removal, receipt, processing, storage and supply together with other connected services (s 3). The Institute’s functions include receiving, removing and supplying human tissue for transplantation or other therapeutic, medical or scientific purposes, and to accept tissue from other Australian jurisdictions and overseas (s 9(1)(m)(i)-(vi)).
Objects versus functions: s 8 sets the Institute’s objects (policy goals) such as oversight, contribution to public health, reduction of preventable deaths and fostering research and training. Section 9 operationalises those objects into concrete functions the Institute must or may perform, such as conducting medical examinations, receiving reports of reportable and reviewable deaths, taking possession of bodies, providing clinical services to police and public entities, conducting research and supporting other entities’ research.
Governance mechanisms: a Board governs the Institute (s 11), with expressly delineated clinical governance and corporate governance functions (s 12). The Board must establish a stakeholder advisory group (s 20) and may create other advisory groups or committees and engage consultants (s 21-22). Delegation routes from the Board to the CEO, and from the CEO and Director to employees, are provided but preserve accountability (s 23, s 28-29).
Information governance: the Institute’s power to collect, use and disclose information (s 10(2)(c)) is shaped by specific research and policy disclosure regimes (ss 32-34). Use or disclosure that could prejudice coronial or criminal investigations triggers mandatory written notification to the State Coroner or Chief Commissioner of Police, and a 21‑day window for advice (s 34(1)-(3)). Disclosures to external policy or research entities must be governed by written agreements that limit use and prohibit prejudicial effects (s 33(c)).
Financial and commercial mechanisms: the Institute may enter service agreements and impose fees and charges (s 10(2)(a)-(b), s 10(4)(a)-(b)). The Board is required to approve and monitor financial and business plans and to endorse an annual report for Financial Management Act purposes (s 12(b)(iii), (vi)).
Relationship with existing law: the Institute represents the Crown when doing its work (s 7), and the Act includes a package of consequential amendments across the Coroners Act 2008, Crimes Act 1958, Human Tissue Act 1982 and other Acts (Part 5, ss 43-61). Transitional arrangements carry over the existing Institute into the new statutory form and provide for abolition of the old Institute Council and Director roles (s 39-41).

These concepts combine operational capacity (laboratory, mortuary, clinical examinations), institutional governance (Board, CEO, Director, stakeholder advisory group), regulatory reach (information governance, regulations on clinical standards) and financial autonomy (fees, contracts). The Act frames these as enabling mechanisms for the Institute to perform forensic and tissue services while placing procedural checks on sensitive data sharing and coronial interactions.

The Act creates direct roles and expectations affecting a range of public and private actors. The principal categories are:

The Institute and its governance and personnel, including Board members, the chairperson, acting chairperson, Chief Executive Officer and Director of Forensic Medicine, plus staff employed under the Public Administration Act and other employees engaged by the Institute (ss 5, 11, 24, 26, 30-31). Board members are subject to appointment by Governor in Council on the Attorney‑General’s recommendation and must collectively hold particular skills, including financial expertise (s 11(5)-(6)).
Coroners, the Coroners Court and related coronial officers. The Institute is expressly given functions tailored to assist coroners, receive reports of reportable and reviewable deaths, take possession of bodies on behalf of coroners, and request and receive information to assist coronial processes (s 9(1)(a)-(f), (i), (k)). The Institute must notify the State Coroner in certain information disclosure cases and allow the State Coroner an opportunity to advise (s 34(1)(a)).
Victoria Police and the Chief Commissioner of Police. The Institute provides clinical forensic medicine services to Victoria Police (s 9(1)(k)). Where information use or disclosure may prejudice criminal investigations or proceedings, the Institute must notify the Chief Commissioner and allow an opportunity to advise (s 34(1)(b)).
Health service providers, hospitals and other entities supplying ante‑mortem specimens or other information or tissue. The Institute may request and receive ante‑mortem specimens from hospitals (s 9(1)(j)), and s 10(5) authorises persons to whom requests for information are made to provide that information despite any other Act or law.
Families and affected persons. The Institute has functions to provide coronial process information to the senior next of kin and family members, to consult with family of a deceased child in respect of living siblings’ health and safety, and to refer families to health and support services (s 9(1)(g), (h), (c)(d)(e) in relation to consultation and supports).
Researchers and policy developers inside and outside government. The Institute can conduct its own research (s 9(1)(o)), support other entities’ policy development and research (s 9(1)(p)), and disclose information for those purposes subject to the notification requirements and written agreements limiting use (ss 32-34).
Private sector users of forensic services. The Institute may provide forensic scientific services to private entities and impose fees for services (s 9(1)(l)(v), s 10(2)(b)), which creates a potential commercial relationship between the Institute and private firms.
Entities and statutes referenced for consequential amendment, including the Births, Deaths and Marriages Registration Act 1996, Coroners Act 2008, Crimes Act 1958, Human Tissue Act 1982, Public Health and Wellbeing Act 2008, Road Safety Act 1986, Rail Safety National Law Application Act 2013, and the Public Administration Act 2004 (Part 5, ss 43-61). The Act changes cross‑references in these laws thereby affecting statutory interactions and who is identified as holding certain powers and functions.
The Attorney‑General and Governor in Council, who make appointments and removals, and who receive reports under the Board’s corporate oversight functions (s 11, s 12(b)(vii)).

Mechanically, those who will most frequently interact with the Institute are coronial officers, police, hospitals and research bodies. The Act alters how these actors exchange information and specimens with the Institute, and imposes procedural steps such as written notifications and advice windows to the State Coroner or Chief Commissioner where disclosure might prejudice investigations (s 34). The ability of the Institute to impose fees and enter service contracts means private entities and agencies that previously relied on other providers may instead contract with the Institute (s 10(2)(a)-(b)).

The Act creates a mix of statutory duties, powers and entitlements for the Institute, the Board, senior officers and external actors. Important duties and rights, with references, are:

Institute duties and rights

Provide and coordinate forensic and human tissue services, assist coroners and contribute to public health and justice objectives as objects and functions (s 8, s 9(1)). The Institute has an explicit right to do all things necessary to perform its functions, and to enter agreements, impose fees and collect, use and disclose information it holds (s 10(1)-(2)).
Keep records of results of medical examinations and forensic medical investigations (s 9(2)). This is a statutory record‑keeping duty linked to the Institute’s investigatory functions.

Board duties and rights

Governance responsibilities include promoting clinical governance and quality assurance, monitoring service reliability, approving and monitoring plans and frameworks, overseeing financial performance and endorsing the annual report for Financial Management Act purposes (s 12(a), (b)(i)-(vii)). The Board may exercise the Institute’s powers and delegate functions to the CEO (s 11(2), s 23).
Establish a stakeholder advisory group and other advisory committees, and engage consultants (s 20-22). The Board must ensure at least one member has financial expertise (s 11(6)(b)).

Chief Executive Officer duties and rights

The CEO manages day‑to‑day operations, prepares material for the Board, ensures efficient use of resources, implements service development strategies, addresses quality or safety problems and informs the Board, Attorney‑General and Secretary of public concerns or risks (s 25(a)-(i)). The CEO is employed as an executive under the Public Administration Act (s 24(3)) and is accountable to the Board (s 24(6)).
The CEO may be delegated functions by the Board, and may further delegate to employees under s 30 or 31, provided delegations are in writing and accountability is retained (s 23, s 28).

Director of Forensic Medicine duties and rights

Advise the CEO on forensic and tissue services and clinical governance, maintain the Institute’s clinical governance framework, supervise research, teaching and training, and perform delegated functions (s 27). Appointment requires expertise in forensic medicine, including pathology, and a senior academic position at a Victorian university (s 26(2)).

Information use and disclosure constraints

The Institute may use information for research if it complies with s 34 and use is not likely to prejudice coronial investigations, criminal investigations or proceedings (s 32).
The Institute may disclose information to external policy or research entities only after complying with s 34 and entering a written agreement that limits use and specifies non‑prejudicial conditions (s 33(c)). s 34 imposes explicit notification obligations, requires written notifications describing the information and purpose, and gives the State Coroner or Chief Commissioner 21 days to advise (s 34(1)-(3)).

Human tissue activities

The Institute has express powers to receive, remove, process, store and supply human tissue for transplantation and other purposes, including accepting tissue from corresponding laws in other jurisdictions and from overseas (s 9(1)(m)(i)-(vi)). The Institute’s actions in these areas must, implicitly, observe the Human Tissue Act 1982 and corresponding laws described in the definitions (s 3).

Administrative and procedural duties

Board and CEO must keep delegations in writing (s 23, s 28(4), s 29(4)).
The Institute must observe principles for administration such as scientific integrity, sensitivity to affected persons and recognition of Aboriginal communities’ needs when performing functions (s 4).

Rights and authorisations of third parties

Persons to whom a request for information is made by the Institute are authorised to provide the requested information despite any other Act or law (s 10(5)). This creates a statutory entitlement facilitating information flows to the Institute.

Collectively, these provisions create a statutory right for the Institute to operate as a corporate provider of forensic services, with duties of governance, accountability, clinical standards and constrained but enabling powers for information handling and commercial engagement.

The Act does not create an extensive scheme of criminal penalties or civil sanctions for routine non‑performance; rather, enforcement and accountability are primarily administrative and governance focused. Relevant enforcement and sanctioning mechanisms derived from the text include:

Removal and resignation

Board members may be removed by the Governor in Council on the Attorney‑General’s recommendation for inability to perform duties, conviction of an indictable offence, insolvency under administration, or absence from three consecutive meetings without Board approval (s 15). Members may also resign in writing (s 14).

Employment and public service obligations

The CEO is employed as an executive under the Public Administration Act 2004 (s 24(3)), and Board members are subject to most provisions of the Public Administration Act (s 11(4)). These connections bring Institute officers within the administrative and disciplinary regimes of Victorian public administration law where relevant, although the Act does not itself specify disciplinary procedures or penalties beyond removal from Board and terms of employment.

Regulation‑based compliance

The Governor in Council may make regulations imposing duties, conferring discretionary powers, and prescribing clinical standards and processes (s 35(1)-(2)). Those regulations can create enforceable obligations and compliance duties. The Act contemplates regulations may adopt external documents and may differ by time, place or circumstances (s 35(2)(d)).

Information and procedural checks

The Act imposes procedural controls rather than criminal sanctions on sensitive uses and disclosures of information. The requirement to notify the State Coroner or Chief Commissioner and to allow a 21‑day response period (s 34) is a statutory gatekeeping mechanism. Failure to comply with those notification requirements is likely to be actionable under administrative law or to give rise to oversight action, but the Act does not specify a direct penalty for non‑compliance.

Formal legal identity

The Institute represents the Crown in performing its functions (s 7), which affects civil liability and the legal posture of the Institute in proceedings. The official seal is recognised by courts and its affixation is presumptively valid unless rebutted (s 6(2)).

Indirect enforcement through oversight

The Board must report regularly to the Attorney‑General on emerging or actual performance concerns and performance against agreed standards (s 12(b)(vii)). That reporting duty establishes a political and administrative oversight pathway that can trigger remedial or corrective action.

Absence of express criminal penalties

The Act contains no specific new criminal offences or monetary penalties within its text. The enforcement model is therefore centred on governance controls, the Public Administration Act framework for public sector employment, regulatory instruments under s 35, and the ordinary remedies of administrative and judicial review.

Practitioners should note that the Act’s regulatory potential depends on later subordinate instruments, and on how existing criminal and civil provisions in other Acts interact with the Institute’s functions. The Act enables regulations that may impose duties and confer discretionary authority on specified persons (s 35(2)(c)), which may create enforceable obligations in subordinate instruments.

The Act is a hub of consequential amendments and cross‑statutory interactions. The text explicitly modifies and aligns various Victorian statutes to reflect the new Institute and its leadership model:

Direct amendments and replacements

The Act repeals the Victorian Institute of Forensic Medicine Act 1985 (s 36). Transitional provisions take the body corporate created under the old Act into the new statutory framework (s 39), abolish the old Institute Council (s 40) and abolish the old Director of the Institute position, redirecting references to the Chief Executive Officer where appropriate (s 41).
Numerous statutes are amended to change references from the 1985 Act to the 2024 Act, and to replace references to "Director" with "Chief Executive Officer" where the Institute’s leadership role has been recast. Amendments are made to the Births, Deaths and Marriages Registration Act 1996 (ss 43-44), Coroners Act 2008 (ss 45-49), Crimes Act 1958 (ss 50-51), Human Tissue Act 1982 (s 52), Independent Broad‑based Anti‑corruption Commission Act 2011 (s 53), Marine (Drug, Alcohol and Pollution Control) Act 1988 (s 54), Public Administration Act 2004 (s 55), Public Health and Wellbeing Act 2008 (ss 56-57), Rail Safety National Law Application Act 2013 (ss 58-59), and Road Safety Act 1986 (s 60) (Part 5, Divisions 1-10). These changes reassign statutory roles and authority lines across institutions.

Coronial processes and evidence flows

The Institute is given specific functions to assist coroners, receive reports of reportable and reviewable deaths, and to take possession of bodies, including releasing bodies following a coroner’s order (s 9(1)(a)-(f), (d)). Section 34 requires notification to the State Coroner before certain uses or disclosures of information that relate to coronial investigations, creating an interlocking procedural requirement between the Institute and the Coroners Court.

Criminal law and police interactions

The Institute’s information‑sharing rules create a duty to notify the Chief Commissioner of Police where proposed use or disclosure might prejudice a criminal investigation or proceeding (s 34(1)(b)). The Act amends the Crimes Act 1958 to update references and to specify that voluntary samples may be given by the Chief Executive Officer or staff of the Institute (ss 50-51), thereby integrating Institute personnel into statutory sampling regimes.

Human Tissue Act and transplantation framework

The Institute’s powers to receive, remove and supply human tissue are framed in the context of the Human Tissue Act 1982 and corresponding laws (s 9(1)(m); definition of corresponding law in s 3). The Act amends section 45(5)(c) of the Human Tissue Act 1982 to update cross‑references (s 52). The passage of tissue between jurisdictions and international sources is authorised by s 9(1)(m)(iv)-(v), subject to the respective legal regimes.

Public administration and employment law

Board members and the CEO are subject to relevant provisions of the Public Administration Act 2004. Board members are explicitly within the application of the Public Administration Act (except Part 3 of that Act) for their office (s 11(4)). The CEO is employed as an executive under that Act (s 24(3)), and s 55 amends the Public Administration Act to include the Institute chairperson within the list of persons with head functions for a public service body.

Regulatory primacy and retrospective transitional powers

Section 42 permits the Governor in Council to make transitional regulations, including provisions with retrospective effect to the date of Royal Assent, and allows such regulations to have effect despite any contrary provision in any Act other than the Charter of Human Rights and Responsibilities Act 2006 (s 42(2)-(3)). This creates latitude for the Executive to smooth the legal transition between the old and new statutory regimes.

Information sharing and overriding authorisation

Section 10(5) provides that, despite any other Act or law, a person to whom a request for information is made by the Institute is authorised to provide the information requested. That clause creates a statutory override for information flows to the Institute, though s 32-34 impose procedural constraints when a proposed use or disclosure could prejudice coronial or criminal processes.

Collectively, the Act reconfigures statutory reference points across a broad set of laws so that the new Institute, the CEO and the Director of Forensic Medicine are incorporated into existing legal frameworks for coronial practice, criminal investigations, public health orders, transport safety sampling and human tissue use. Practitioners dealing with cross‑statutory processes must follow the updated references, the Institute’s notification obligations and the enabling or constraining provisions that relate to information and tissue transfer.

The Act itself contains its primary amendment history and transitional architecture. The main legislative events and structural changes in this instrument are:

Repeal of the Victorian Institute of Forensic Medicine Act 1985 is effected by s 36. The re‑establishment of the Institute under the 2024 Act is contemporaneous with repeal, subject to transitional provisions (s 39).
Transitional provisions take effect on commencement, and the Act came into operation on 1 July 2025 under s 2(2) (Endnotes record assent on 17 September 2024, with commencement 1 July 2025).
Division 2 of Part 4 provides the transitional map: the existing Institute established under the old Act is taken to be the Institute created by the new Act (s 39), the old Institute Council is abolished and its members go out of office (s 40), and the former Director of the Institute office is abolished with references to that role to be read as references to the Chief Executive Officer insofar as not inconsistent with the subject matter (s 41).
Section 42 authorises transitional regulations, which may be retrospective to Royal Assent, may override other Acts (except the Charter), and are repealed two years after they come into operation (s 42(1)-(4)). That provides an explicit two‑year window for regulatory smoothing of transitional matters.
Part 5 implements a comprehensive set of textual amendments across statutes to substitute references from the old Act and Director role to the 2024 Act and the Chief Executive Officer role. These include amendments to the Births, Deaths and Marriages Registration Act 1996 (ss 43-44), the Coroners Act 2008 (ss 45-49), Crimes Act 1958 (ss 50-51), Human Tissue Act 1982 (s 52), and several other Acts (ss 53-60).
Division 11 (s 61) schedules the repeal of Part 5 on 1 July 2026, while preserving the continuing operation of the amendments it makes (s 61, note referencing Interpretation of Legislation Act 1984 s 15(1)). This creates a sunset for the amendment vehicle rather than the amendments themselves.
The Endnotes record no further amendments to the 2024 Act at the time of publication (Endnotes, Table of Amendments), and there are no explanatory details beyond the legislative documentation in the published Act (Endnotes 2 and 3).

In short, the Act replaced the 1985 framework, preserved continuity for the existing Institute, abolished the previous Council and Director roles, and updated cross‑statutory references. It also authorises transitional regulations that can be applied flexibly for up to two years, and it establishes a sunset for the Part that contains the amendment machinery.

The Act text and accompanying Endnotes do not identify any litigation that interprets or challenges the Victorian Institute of Forensic Medicine Act 2024, and the table of amendments records no subsequent statutory amendments at the time of publication (Endnotes, Table of Amendments). The Endnotes list only the Minister’s second reading speeches in the Legislative Assembly and Council and confirm assent and commencement dates (Endnotes 1, ministerial speeches cited). The Act contains no case law citations, and the body of the statute does not reference judicial determinations.

For practitioners seeking judicial interpretation or precedent on provisions in this Act, there are two immediate implications:

Because the Act replaces an older statute (the 1985 Act) and maps many cross‑references, existing case law that interpreted statutory provisions tied to the 1985 Act may remain relevant insofar as the substantive legal issues are unchanged, but any reliance must be carefully mapped against the new text and the transitional provisions (s 39-42) which reframe office titles and authority lines.
The Act’s practical effects,particularly its information use/disclosure regime (ss 32-34), fee powers (s 10), and the Institute’s capacity to receive and process human tissue (s 9(1)(m)),may generate litigation in future, for example over disclosure decisions, administrative law challenges to procedural fairness or review of delegations and accountability. Such litigation, however, is not recorded in the Act’s published materials.

Absent external sources or reported cases, the Act provides the legal framework that litigants and courts will interpret in time. Practitioners should monitor decisions that address s 34 obligations, s 10(5) authorisations for information provision, and the interaction between the Institute’s Crown representation (s 7) and civil liability.

The Act contains several provisions that can create operational pitfalls or points of tension between statutory powers, accountability, and external actors. The following are concrete issues to watch, with the textual basis:

CEO and Director overlap, remuneration and role clarity

One person may be both CEO and Director of Forensic Medicine, but the Act permits payment for only one role when both are held concurrently (s 24(5), s 26(4)). This creates a practical issue in employment negotiation and may affect who holds substantive clinical leadership versus operational management responsibilities. The statutory functions for the CEO (s 25) and Director (s 27) are distinct, and combining roles concentrates responsibilities while limiting remuneration to one role.

Board appointments and eligibility constraints

Board members are appointed by the Governor in Council on the Attorney‑General’s recommendation with explicit skill requirements and at least one member possessing financial expertise (s 11(5)-(6)). The State Coroner and the Chief Executive Officer are ineligible for Board appointment (s 11(8)), which keeps operational and coroner leadership separate but may constrain recruitment of individuals with combined experience.

Delegation with retained accountability

The Board may delegate to the CEO, and the CEO and Director may delegate to employees, but each delegating office remains accountable for delegated functions, and delegations must be in writing (s 23, s 28(2), s 29(2), s 28(4), s 29(4)). In practice this demands well‑documented delegation instruments and internal controls to avoid blurred responsibility.

Information disclosure is authorised but constrained

The Institute can collect, use and disclose information and is authorised to receive information despite other Acts (s 10(2)(c), s 10(5)). However, ss 32-34 require compliance with notification procedures when proposed uses or disclosures could prejudice coronial or criminal investigations. Failure to follow the written notification format, to describe the information and purpose (s 34(2)), or to allow the 21‑day period (s 34(3)) could expose the Institute to administrative challenges even though s 10(5) authorises provision of information.

Written agreements required for third‑party research disclosures

Disclosures to external policy or research entities must be governed by written agreements that limit use and avoid prejudice to criminal or coronial processes (s 33(c)). Drafting those agreements will require care to define permissible uses, security measures and sanctions for misuse, yet the Act does not prescribe form or minimum content beyond those limits.

Fee‑making powers and public service obligations

The Institute may impose fees and enter commercial agreements (s 10(2)(a)-(b)). That creates a revenue opportunity but also imposes the Board with obligations under s 12(b)(iii) to approve and monitor financial and business plans to ensure efficient management of public resources. The interface between commercial contracts and public accountability will demand transparent cost allocations and pricing frameworks.

Human tissue movement and interstate/overseas receipts

The Institute may receive tissue taken under corresponding laws and from other countries (s 9(1)(m)(iv)-(v)), but the Act leaves the specifics to existing human tissue law frameworks. Practitioners must ensure compliance with the Human Tissue Act 1982, any corresponding foreign law constraints and biosecurity or export/import controls which are not specified in this Act.

Transitional regulatory power and retrospective regulations

Section 42 allows transitional regulations that may be retrospective to Royal Assent and operate despite any contrary Act except the Charter of Human Rights and Responsibilities Act 2006 (s 42(2)-(3)). This grants the Executive significant flexibility to resolve transitional legal issues, but those regulations are time‑limited, as s 42 is repealed two years after coming into operation (s 42(4)). Entities should monitor any such regulations closely during the two‑year window.

Representation of the Crown

The Institute represents the Crown in performing functions and exercising powers (s 7). This affects civil liability exposure, procurement and contract negotiations, and the legal posture of the Institute in litigation; it also has implications for indemnity and insurance arrangements.

Absence of express penalties

The Act relies on governance, reporting, regulatory instruments and public administration mechanisms for enforcement rather than creating new offences in the statute. Where compliance requires coercive force or penalties, reliance will fall to regulations or other statutes. Practitioners should not assume criminal remedies are available under this Act alone.

Each of these points is embedded directly in the text. Operational compliance, governance documentation and careful contract and information governance drafting will be required to avoid disputes and to ensure smooth interagency cooperation.

This section provides a practical compliance checklist and operational steps for entities interacting with or establishing governance under the Institute, tied to the statutory text.

For the Institute and its Board

Appointments and skills: ensure the Attorney‑General’s recommendations for Board membership document candidates’ appropriate knowledge, skills and experience in the enumerated fields and include at least one member with financial expertise to meet s 11(6)(a)-(b). Track term limits: appointments not exceeding three years, with a maximum of three consecutive terms for members and chairperson (s 13, s 17(2)-(3)).
Governance framework: prepare and maintain a written clinical governance framework and quality management systems to meet the Board’s clinical governance functions (s 12(a)(ii)-(iii), s 27(c)). Adopt procedures for the Board to approve and monitor organisational plans, strategic and annual corporate plans, statements of priorities and performance against financial and business plans (s 12(b)(i)-(iii)).
Delegations: document all delegations from the Board to the CEO and from the CEO and Director to employees in writing, and implement supervision and reporting arrangements so accountability lines required by ss 23, 28 and 29 are clear.
Stakeholder advisory group: establish the stakeholder advisory group required by s 20, defining membership, charters and procedures to feed into Board decision‑making on principles and Institute functions.
Financial controls: set up fee schedules and contracting templates that align with s 10(2)(b) and (4)(b), and ensure the Board approves the financial and business plans as required by s 12(b)(iii). Monitor cost recovery, cross‑charging and financial sustainability in the annual corporate plan and reporting cycle.

For the Chief Executive Officer and Director of Forensic Medicine

CEO obligations: maintain records of operational decisions and ensure timely notification to the Board, the Attorney‑General and the Secretary of any public concerns or risks affecting the Institute, in accordance with s 25(i).
Director academic linkage: verify that any person appointed as Director of Forensic Medicine meets the academic condition in s 26(2) (holds or will hold office as a senior academic in forensic medicine at a Victorian university for the duration of appointment).
Conflict management: if one person holds both CEO and Director roles, document allocation of responsibilities and the single remuneration arrangement that limits pay to one role (s 24(5), s 26(4)).

For information use, disclosure and research partners

Pre‑use/disclosure checklist: before using information for research (s 32) or disclosing information for policy or research support (s 33), confirm whether the information relates to (a) an investigation under Part 4 of the Coroners Act 2008, or (b) a criminal investigation or criminal proceeding. If so, provide written notification to the relevant authority,State Coroner for coronial matters, Chief Commissioner for criminal matters,and include descriptions of the information, the purpose of use or disclosure and, for disclosures, the recipient entity (s 34(1)-(2)).
Allow 21 days for advice: planners and researchers must allow 21 days for the State Coroner or Chief Commissioner to respond to the notification, per s 34(3). Do not proceed with a use or disclosure that the relevant adviser reasonably considers is likely to prejudice the investigation unless the adviser’s concerns are resolved.
Written agreements for disclosures: for disclosures to policy or research entities, prepare a written agreement that limits use to the specified purposes and includes express prohibitions against activities likely to prejudice coronial or criminal processes, per s 33(c). Include data security, retention and breach reporting clauses consistent with privacy law and the Institute’s obligations.
Records management: retain records of notifications, advice received, agreements and the Institute’s decision rationale, in line with s 9(2) which requires keeping results of medical examinations and forensic investigations.

For hospitals, health service providers and specimen suppliers

Compliance with requests: note that the Act authorises persons to provide information requested by the Institute despite any other Act or law, per s 10(5). When providing ante‑mortem specimens or other items at the Institute’s request, document chain of custody, consent where required under the Human Tissue Act, and the legal basis for transfer (s 9(1)(j), s 9(1)(m)).
Human tissue handling: ensure that the removal, transport and supply of human tissue comply with the Human Tissue Act 1982 and corresponding laws, and maintain records of consent and transfer authorisations, given the Institute’s powers under s 9(1)(m).

For Victoria Police and criminal justice actors

Notification coordination: the Institute must notify the Chief Commissioner of Police if information use or disclosure is likely to prejudice a criminal investigation or proceeding (s 34(1)(b)). Police should establish a point of contact to receive such notifications promptly and to provide the required advice within 21 days (s 34(3)).
Sampling and staff arrangements: note amendments in the Crimes Act 1958 which allow the Chief Executive Officer or persons employed under ss 30 or 31 to give voluntary samples under specified provisions (ss 50-51). Police operational procedures should be updated to reflect these statutory changes.

For contract managers and private purchasers

Contractual terms: if procuring services from the Institute, anticipate fee schedules and standard service agreements under s 10(2)(a)-(b). Contracts should specify timelines, quality standards aligned with any regulations made under s 35 (clinical standards and processes), liability arrangements mindful of the Institute’s status as representing the Crown (s 7), and data management terms.

Regulatory and reporting compliance

Monitor regulations: the Governor in Council may prescribe clinical standards, processes and forms (s 35). Entities should monitor the Victorian Government Gazette and the Institute’s published corporate plans and statements of priorities for regulatory and policy updates.
Annual reporting: the Board must endorse an annual report for Financial Management Act purposes (s 12(b)(vi)). Ensure financial records and performance data are prepared to support that endorsement.

Practical implementation tips

Create standard operating procedures for s 34 notifications, including templated written notifications, a log of notifications, and a legal checklist to evaluate whether a proposed use or disclosure “is likely to prejudice” investigations.
Maintain an authorisations register for delegations (s 23, s 28, s 29), detailing who holds delegated authority and reporting requirements.
Draft template research‑use agreements with defined permitted uses, security standards, obligations to notify of breaches, and termination clauses for misuse, consistent with s 33(c).
Configure HR and employment documentation to reflect Public Administration Act provisions for staff employed under s 30 and to manage transitions from old roles under the transitional provisions (s 39-41).

Compliance under this Act is procedural and documentation‑heavy: the primary legal risks lie in failing to follow notification and agreement requirements for sensitive information, in mismanaging delegated authorities, and in not aligning financial and clinical governance systems with Board obligations. The statutory text supplies the formal checklist items; implementation requires clear internal policies, training and record keeping tied to the cited sections.

Victorian Institute of Forensic Medicine Act 2024

Plain English Summary

Deep Dive

What it does

Current sections

Victorian Institute of Forensic Medicine Act 2024

Source text: opening excerpt

1 Victorian Institute of Forensic Medicine Act 2024

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