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
Section 1 - Victorian Institute of Forensic Medicine Act 2024 - Victorian Institute of Forensic Medicine Act 2024 | Zoe
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
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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
(c) to consequentially amend other Acts.
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
(c) the cause of a person's death;
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;
(c) forensic scientific 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
(c) may sue and be sued; 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;
(c) to assist the Coroners Court with its functions under the Coroners Act 2008;
(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
(c) collect, use and disclose information it holds about an individual.
(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
(c) refer the family of the deceased child to 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
(c) becomes insolvent under administration; 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;
(c) the Institute's functions.
(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;
(c) to ensure the efficient and effective use of the Institute's resources;
(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
(c) to maintain the Institute's clinical governance framework; 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
(c) the Institute enters into a written agreement with the entity that—
(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
(C) a criminal proceeding that has been or may be commenced.
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;
(c) clinical standards and requirements applying to the performance of the functions of the Institute;
(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;
(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person;
(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
(c) leave any matter or thing to be decided by a specified person or class of person; 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";
(c) for "provides that one of the functions of the Institute is" substitute "confer functions on the Institute".
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 1958substitute—
"(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 2004insert—
"(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 1986insert 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.