coroners court rules 2009 - legislation.vic.gov.aufile/09-131sr002.docx · web viewocpc-vic, word...

Version No. 002

Coroners Court Rules 2009S.R. No. 131/2009

Version incorporating amendments as at 31 October 2011

TABLE OF PROVISIONSRule Page

ORDER 1—PRELIMINARY 1

PART 1—GENERAL 1

1 Object and title 12 Authorising provision 13 Commencement 1

PART 2—INTERPRETATION 2

4 Definitions 2

PART 3—MISCELLANEOUS 2

5 Act by corporation 26 Seal of the Coroners Court 27 Effect of non-compliance 28 Dispensing with compliance 3

ORDER 2—TIME, COURT OFFICE AND DOCUMENTS 4

9 Calculating time 410 Extension and abridgement 411 Fixing time 412 Time for service 513 Filing of documents 514 Inappropriate documents 5

ORDER 3—SERVICE 6

15 When personal service necessary 615A Summons must be served personally 616 How personal service is effected 617 Service on particular persons 718 How ordinary service effected 819 Substituted service 8

1

20 Service of document by the Coroners Court 921 Affidavit of service 9

ORDER 4—REPORTING OF DEATHS 10

22 Obligation to report deaths 1023 Obligation of registered medical practitioner to report death 11

ORDER 5—INVESTIGATION OF DEATHS AND FIRES 13

PART 1—INVESTIGATION OF DEATHS 13

24 Determination by coroner that reported death not a reportable death 13

25 Certain reportable deaths do not require investigation 1326 Reviewable deaths may be referred to the Institute 1327 State Coroner may investigate a reviewable death without

referring the reviewable death to the Institute 1328 Determination by State Coroner that death not a reviewable

|death 1429 Providing relevant persons with coronial process information 1430 Preliminary examinations 1431 Identification direction 1532 Identification procedure 1533 Direction for autopsy 1634 Autopsy report 1735 Objections to autopsy 1736 Request for an autopsy 1837 Removal of tissue and preserving material 1938 Senior next of kin to be advised of removal of tissue direction 20

PART 2—INVESTIGATION OF FIRES 21

39 Requests for an investigation into a fire 21

PART 3—ASSISTANCE TO CORONER IN INVESTIGATIONS 22

40 Person who made report of death to assist 2241 Registered medical practitioner to assist 2242 Person who asks for investigation of fire to assist 22

PART 4—POWERS RELATING TO INVESTIGATION 23

43 Authorising entry, search, inspection and possession 2344 Application for exhumation 2345 Suggestions regarding a proposed exhumation 2346 Authorisation of exhumation 24

PART 5—GENERAL 24

47 Release of body 2448 Application to coroner for release of body 24

2

ORDER 6—INQUESTS INTO DEATHS AND FIRES 25

49 Requests for an inquest 2550 Decision regarding whether inquest to be held 2551 Publication of the details of an inquest 2552 Exclusion from an inquest 2653 Interested party 2654 Privilege in respect of self-incrimination 2655 Warrants for arrest 26

ORDER 7—SEIZURE 27

56 Storage of seized things 2757 Access to seized things 2758 Seized thing no longer required to be held 2859 Release of seized things 28

ORDER 8—FINDINGS, RECOMMENDATIONS AND REFERRALS 30

60 Findings of coroner investigating a death 3061 Findings of coroner investigating a fire 3062 Findings not required if inquest not held or discontinued 3062A Suppression of findings by coroner 3163 Reports and recommendations 3164 Publication of findings and reports 3264A Publication of determination, ruling or order 3265 Reopening of an investigation 33

ORDER 9—REGISTRARS 34

66 Functions of registrars 34

ORDER 9A—ALLOWANCES AND REIMBURSEMENT OF EXPENSES 35

66A Attendance expenses for expert witnesses 3566B Allowances and expenses of witnesses other than expert

witnesses 3566C Meals 3566D Accommodation 3766E Travelling 3766F Evidence of expenses etc. to be produced 37

ORDER 10—ACCESS TO DOCUMENTS 39

67 Access to documents 39__________________

3

FORMS 40

Form 1—Affidavit of Service 40

Form 2—Determination by Coroner that Reported Death is not a Reportable Death 42

Form 2A—Determination to Discontinue the Investigation 44

Form 3—Determination that Reportable Death does not require Further Investigation 46

Form 4—Direction to Refer Reviewable Death to the Victorian Institute of Forensic Medicine 48

Form 5—Advice of Non-Referral of Reviewable Death to the Victorian Institute of Forensic Medicine 49

Form 6—Determination by Coroner that Reported Death is not a Reviewable Death 50

Form 7—Identification Direction 52

Form 8—Determination by Coroner of Identity of Deceased 53

Form 9—Direction Regarding Autopsy 55

Form 10—Determination by Coroner Following a Request for Autopsy Direction to be Reconsidered 58

Form 11—Decision by Coroner in Relation to Request For Autopsy 61

Form 12—Advice to Coroner Regarding Preservation of Tissue or Material 62

Form 13—Direction to Preserve Tissue or Material 63

Form 14—Request for Release of Preserved Tissue or Material 65

Form 15—Order to Release Preserved Tissue or Material 67

Form 16—Request to Investigate a Fire 68

Form 17—Determination Following a Request to Investigate a Fire 69

Form 18—Authorisation by Coroner to a Member of the Police Force 70

Form 19—Result of Search 72

Form 20—Application for Exhumation 74

Form 21—Determination to Refuse an Application for Exhumation 76

Form 22—Notice of Intention to Authorise Exhumation 78

Form 23—Authorisation of Exhumation 80

4

Form 24—Order for Release of Body 82

Form 25—Application for the Release of Body 84

Form 26—Request for Inquest into Death 86

Form 27—Request for Inquest into Fire 87

Form 28—Decision by Coroner Whether or not to Hold an Inquest into Death 88

Form 29—Decision by Coroner Whether or not to Hold an Inquest into Fire 90

Form 30—Order Excluding a Person or Class of Person From an Inquest 91

Form 31—Application for Leave to Appear as an Interested Party 92

Form 32—Privilege in Respect of Self Incrimination in other Proceedings 94

Form 33—Warrant to Arrest 96

Form 34—Application to Access or Have Released Seized or Received Thing 98

Form 35—Order by Coroner to Access Seized or Received Thing 100

Form 36—Order by Coroner to Release or Destroy Seized or Received Thing 102

Form 37—Finding into Death With Inquest 104

Form 38—Finding into Death Without Inquest 106

Form 39—Finding into Fire With Inquest 108

Form 40—Finding into Fire Without Inquest 110

Form 41—Determination that Inquest will not be Held or will be Discontinued 111

Form 42—Suppression Order 112

Form 43—Application to Set Aside Finding 114

Form 44—Determination Following Application to Set Aside Finding 116

Form 45—Application for Access to Coronial Documents/Inquest Transcript 118

═══════════════

5

ENDNOTES 121

1. General Information 121

2. Table of Amendments 122

3. Explanatory Details 123

6

Version No. 002


Version incorporating amendments as at 31 October 2011

ORDER 1

PRELIMINARY

PART 1—GENERAL

1 Object and title

(1) The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria.

(2) These Rules may be cited as the Coroners Court Rules 2009.

2 Authorising provision

These Rules are made under section 105 of the Coroners Act 2008 and all other enabling powers.

3 Commencement

These Rules come into operation on 1 November 2009.

1

PART 2—INTERPRETATION

4 Definitions

(1) In these Rules, unless the context or subject matter otherwise requires—

corporation means any body corporate, whether formed within or out of Victoria;

the Act means the Coroners Act 2008.

(2) Whereby these Rules a form is prescribed for use, that form must be used with any necessary variation or modification.

PART 3—MISCELLANEOUS

5 Act by corporation

If the Coroners Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.

6 Seal of the Coroners Court

(1) Marking a document or a copy of a document with the seal of the Coroners Court is sufficient compliance with any requirements of these Rules or an order of the Coroners Court that the document or copy be sealed.

(2) Any order or finding made by a coroner must bear the seal of the Coroners Court.

7 Effect of non-compliance

A failure to comply with these Rules is an irregularity and does not render a nullity—

(a) an inquest; or

(b) a step taken in an inquest; or

(c) any document; or

(d) any order.

2

r. 4

Rule 6 amended by S.R. No. 117/2011 rule 5 (ILA s. 39B(2)).

Rule 6(2) inserted by S.R. No. 117/2011 rule 5.

8 Dispensing with compliance

The Coroners Court may dispense with compliance with any of the requirements of these Rules—

(a) either before or after the occasion for compliance arises; and

(b) whether or not there has been a failure to comply.

__________________

3

r. 8

ORDER 2

TIME, COURT OFFICE AND DOCUMENTS

9 Calculating time

(1) Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule.

(2) If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event is excluded.

(3) If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event is included.

(4) If a period of 5 days or less would include a day on which an office of the Coroners Court is closed, that day is excluded.

(5) If the last day for doing any act at an office of the Coroners Court is a day on which the office is closed, the act may be done on the next day the office is open.

10 Extension and abridgement

The Coroners Court may extend or abridge any time—

(a) fixed by these Rules; or

(b) by any order fixing, extending or abridging time.

11 Fixing time

If no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time.

r. 9Order 1


4

12 Time for service

In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, any document which is served after 4.00 p.m. or on any day on which the office of the Coroners Court is closed, is taken to have been served on the next day the office is open.

13 Filing of documents

Except as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by its being lodged with a registrar in the office of the Coroners Court.

14 Inappropriate documents

If a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order—

(a) that the offending matter be deleted; or

(b) that the document be taken off the file.

__________________

r. 12Order 1


5

ORDER 3

SERVICE

15 When personal service necessary

(1) Any document required or permitted to be served may be served personally.

(2) Unless personal service is required by these Rules or by order, a document need not be served personally.

15A Summons must be served personally

Unless the Rules otherwise provide or the Coroners Court otherwise orders a summons must be served personally.

16 How personal service is effected

(1) Personal service of a document is effected—

(a) by leaving a copy of the document—

(i) with the person to be served; or

(ii) if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or

(b) by delivering a copy of the document to the place of residence of the person to be served—

(i) to a person apparently above the age of 16 years who resides at that place; or

(ii) if the place of residence is an hotel, a boarding house or similar establishment, to a person apparently above that age of 16 years who is apparently in charge of the establishment or engaged in the office of the establishment; or

r. 15

Rule 15A inserted by S.R. No. 117/2011 rule 6.

Order 1


6

(c) if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business.

(2) To effect personal service it is not necessary to produce the original document at the time of service.

17 Service on particular persons

Personal service of a document may be effected by serving the document in accordance with Rule 16, in the case of—

(a) a corporation—

(i) on the mayor, chairman, president or other head officer of the corporation; or

(ii) on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or

(iii) if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision;

(b) a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom he or she resides or in whose care he or she is;

(c) the Crown in the right of the Commonwealth or the Commonwealth—

(i) on the Secretary to the Attorney-General's Department; or

r. 17Order 1


7

(ii) any person authorised under section 55E(4) of the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor;

(d) the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor.

18 How ordinary service effected

(1) If personal service of a document is not required, the document may be served—

(a) by leaving the document at the address for service of the person to be served; or

(b) by posting the document to the person to be served at that person's address for service; or

(c) if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision.

(2) If a document is sent by post in accordance with subrule (1)(b), the day of service of the document is taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.

19 Substituted service

(1) If for any reason it is impracticable to serve a document in the manner required by these Rules, the Coroners Court may order that such steps be taken as the Coroners Court specifies for the purposes of bringing the document to the notice of the person to be served.

(2) If the Coroners Court makes an order under subrule (1), the Coroners Court may order that the document be taken to have been served—

r. 18Order 1


8

(a) on the happening of any specified event; or

(b) on the expiry of any specified time.

(3) The Coroners Court may make an order under subrule (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the inquest commenced.

20 Service of document by the Coroners Court

Unless the Rules otherwise provide or the Coroners Court otherwise orders, where under these Rules or under an order of the Coroners Court a document is to be given to, or served on, any person by the Coroners Court, the document shall be sufficiently served by ordinary post.

21 Affidavit of service

(1) An affidavit of service of any document must—

(a) be in Form 1; and

(b) state by whom the document was served; and

(c) state the time and date on which it was served; and

(d) state the place at which it was served; and

(e) state the mode of service.

(2) A document purporting to be an affidavit of service is taken to be evidence of the proper service of a document unless the contrary is proved.

(3) An affidavit of service must be filed in the Coroners Court as soon as practicable after service of a summons or any other document.

__________________

Rule 20 amended by S.R. No. 117/2011 rule 7.

r. 20

Rule 21(3) amended by S.R. No. 117/2011 rule 8.

Order 1


9

ORDER 4

REPORTING OF DEATHS

22 Obligation to report deaths

(1) A person who is required under Part 3 of the Act—

(a) to report a reportable death to a coroner; or

(b) to report a reviewable death to the State Coroner—

must make the report in accordance with this Rule.

(2) A person required to make a report referred to in subrule (1)—

(a) must make the report by telephone or in writing;

(b) must provide the coroner or State Coroner (as required) with as much information relating to the death as practicable including—

(i) the name and address of the deceased;

(ii) the age and date of birth of the deceased;

(iii) the sex of the deceased;

(iv) whether the deceased had a treating medical practitioner or dental practitioner and the details of that practitioner;

(v) the marital status of the deceased;

(vi) the senior next of kin of the deceased;

r. 22Order 1


10

(vii) the location of the deceased;

(viii) the date and time of death or an estimate of the date and time of death;

(ix) the name of the person reporting the death;

(x) if the person referred to in subparagraph (ix) is a responsible person within the meaning of section 11 of the Act, the contact details of the person and the details of the person's role as a responsible person in relation to the deceased;

(xi) whether or not the deceased was of Aboriginal or Torres Strait Islander origin.

23 Obligation of registered medical practitioner to report death

(1) A report made by a medical practitioner under section 10 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the coroner, as soon as practicable after making the report to the coroner.

(2) A report made by a medical practitioner under section 13 of the Act, in accordance with rule 22, must be confirmed by the medical practitioner by giving a written report, in the form of a medical deposition, to the State Coroner, as soon as practicable after making the report to the State Coroner.

r. 23Order 1


11

(3) A medical deposition of a medical practitioner under subrule (1) or (2) may be given to the State Coroner or coroner (as required) by electronic communication.

Note

Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.

__________________

r. 23Order 1


12

ORDER 5

INVESTIGATION OF DEATHS AND FIRES

PART 1—INVESTIGATION OF DEATHS

24 Determination by coroner that reported death not a reportable death

(1) A determination made by a coroner under section 16(1) of the Act must be in Form 2.

(2) A determination made by a coroner under section 16(5) of the Act must be in Form 2A.

25 Certain reportable deaths do not require investigation

A determination by a coroner under section 17 of the Act to discontinue an investigation into a death must be in Form 3.

26 Reviewable deaths may be referred to the Institute

(1) For the purposes of section 18(1), the State Coroner may direct that a reviewable death be referred to the Institute.

(2) A direction under subrule (1) must be in Form 4.

(3) A copy of a direction made under this rule must be given to the Institute by the principal registrar.

27 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute

If the State Coroner is required under section 19(2) of the Act to advise the Institute that he or she has decided to not refer a reviewable death to the Institute, the advice must be in Form 5.

Rule 24 amended by S.R. No. 117/2011 rule 9 (ILA s. 39B(2)).

r. 24

Rule 24(2) inserted by S.R. No. 117/2011 rule 9(2).

Order 1


13

28 Determination by State Coroner that death not a reviewable death

If, under section 20 of the Act, the State Coroner determines that a death is not a reviewable death, the State Coroner's written notice of that determination must be in Form 6.

29 Providing relevant persons with coronial process information

(1) The information required to be provided by section 21(a) of the Act to the senior next of kin must be provided—

(a) by electronic communication; or

(b) to a postal address nominated by that person.

(2) The information required to be provided by section 21(b) of the Act to a person who the principal registrar considers to have a sufficient interest in the investigation of a death following the advice received from that person of that interest must, if possible, be provided to the person by electronic communication or otherwise to a postal address nominated by the person.Note

Section 38 of the Interpretation of Legislation Act 1984 defines electronic communication.

30 Preliminary examinations

(1) If, under section 23(2) of the Act, a body has been provided to a medical investigator by a coroner to enable a preliminary examination to be performed on the body, the medical investigator must provide a report to a coroner on the preliminary examination in accordance with this rule.


r. 28

Rule 30(1) amended by S.R. No. 117/2011 rule 11(1).

Order 1


14

(2) A report on a preliminary examination must—

(a) be in writing; and

(b) contain a summary of—

(i) any procedures undertaken;

(ii) any specimens taken;

(iii) any testing performed or ordered;

(iv) a reasonable medical cause of death (if available);

(v) any materials considered (including the medical and circumstantial history); and

(c) be provided to the coroner as soon as practicable after the preliminary investigation has been performed; and

(d) specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the preliminary examination and a summary of that consultation or information.

(3) Unless a coroner otherwise orders, a report on a preliminary examination is confidential and must only be provided to the Coroners Court.

31 Identification direction

A direction made by a coroner under section 24 of the Act must be in Form 7.

32 Identification procedure

(1) If a medical investigator has been directed by a coroner to perform an identification procedure on a body under section 24, the medical investigator must provide a report to the coroner on the


r. 31


Order 1


15

identification procedure in accordance with this rule.

(2) A report on an identification procedure must—

(a) be in writing; and

(b) be provided to the coroner as soon as practicable after the identification procedure has been performed;

(c) state the identity of the deceased if the identity can be ascertained;

(d) specify what procedure has been performed on the body;

(e) specify whether any person external or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the identification procedure and a summary of that consultation or information.

(3) Unless a coroner otherwise orders, a report on an identification procedure is confidential and must only be provided to the Coroners Court.

(4) After a report on an identification procedure has been provided to a coroner, the coroner must make a determination about the identity of the deceased.

(5) A determination made under subrule (4) must be made in Form 8.

33 Direction for autopsy

(1) A direction for an autopsy made by a coroner under section 25 of the Act must be in Form 9.

(2) Notification of the direction for an autopsy must be provided to a medical investigator, in electronic form, as soon as practicable.

r. 33

Rule 33(2) substituted by S.R. No. 117/2011 rule 13.

Order 1


16

34 Autopsy report

(1) If a medical investigator has been directed by a coroner to perform an autopsy on a body, the medical investigator must provide a report to the coroner in accordance with this rule.

(2) A report on an autopsy must—

(a) be typed; and

(b) be provided to the registrar as soon as practicable after the autopsy has been performed; and

(c) state the identity of the deceased if the identity can be ascertained; and

(d) specify what procedures have been performed on the body; and

(e) specify whether any person or entity external or independent of the medical investigator was consulted, or provided any information, in relation to the autopsy and a summary of that consultation or information.

(3) Unless a coroner otherwise orders, a report on an autopsy is confidential and must only be provided to the Coroners Court.

35 Objections to autopsy

(1) A request made by the senior next of kin of a deceased person under section 26(2) of the Act—

(a) may be communicated to the Coroners Court by telephone; and

(b) must be confirmed in writing no later than 24 hours after the telephone communication is made to the Coroners Court.

r. 34Order 1


17

(2) The written confirmation of the senior next of kin under subrule (1)(b) must—

(a) specify the reasons for making the request under section 26(2) of the Act; and

(b) be signed by the person making the request.

(3) After considering a request made under section 26(2) of the Act, the coroner must make a determination affirming, revoking or amending the direction for an autopsy made under section 25 of the Act.

(4) A determination to affirm, revoke or amend a direction for an autopsy must be in Form 10.

36 Request for an autopsy

(1) A request under section 27(1) of the Act for a direction by the coroner that an autopsy be performed must—

(a) be communicated by telephone to the Coroners Court after the deceased person has been admitted to the Coroners Court; and

(b) be confirmed in writing after the telephone communication is made to the Coroners Court.

(2) A written confirmation under subrule (1)(b) must—

(a) specify the reasons for making the request; and

(b) be signed by the person making the request.

(3) A coroner must give notice of his or her decision to grant or refuse a request made under section 27(1) of the Act.

r. 36Order 1


18

(4) A notice referred to in subrule (3) must—


(b) in accordance with section 27(2) of the Act, specify the coroner's reasons if the coroner has refused the person's request.

(5) Unless the coroner otherwise orders, if the person making a request under section 27(1) of the Act is not the senior next of kin, a registrar must notify the senior next of kin of the request and the decision of the coroner in respect of that request.

37 Removal of tissue and preserving material

(1) This rule applies to tissue that is—

(a) a visibly recognisable, functional unit of the body such as the liver, heart or brain;

(b) a whole or substantial part of a visibly recognisable, functional unit of the body or other body parts;

(c) a whole or substantial part of a foetus regardless of the gestation period.

(2) For the purposes of section 28 of the Act, a medical investigator must advise the coroner if the removal and preservation of tissue or other material is necessary because it appears to bear on the cause or circumstances of the death or the identity of the deceased person.

(3) The advice provided to a coroner under subrule (2) by a medical investigator must be in Form 12.

(4) A direction to a medical investigator made by a coroner under section 28(2), after the coroner has received advice from a medical investigator in accordance with this rule—

(a) is to be in Form 13;

r. 37Order 1


19

(b) must specify how long any tissue or other material may be preserved for;

(c) may specify different lengths of time depending on the tissue or material and the reasons for its removal.

38 Senior next of kin to be advised of removal of tissue direction

(1) If a coroner makes a direction to a medical investigator under section 28(2) of the Act, the medical investigator or a registrar must, by notice, advise the senior next of kin of the direction.

(2) A notice under subrule (1) must specify—

(a) the tissue or other material that is going to be preserved;

(b) the duration for which the tissue or other material is required to be preserved;

(c) that if the tissue or other material is not destroyed during the medical examination, the senior next of kin may have the option to deal with the tissue or other material after the expiry of the preservation period;

(d) that an option to deal with the tissue or other material after the expiry of the preservation period may be restricted because of public health and safety concerns or the interests of justice;

(e) that, if the senior next of kin decides to exercise the option to deal with the tissue or other material after the expiry of the preservation period—

(i) the senior next of kin may advise the medical investigator or registrar of that decision; and

r. 38Order 1


20

(ii) the medical investigator or registrar must complete a request for release of tissue and preserved material form on behalf of the senior next of kin.

(3) A request for release of tissue and preserved material form must be in Form 14.

(4) If a coroner receives a request for release of tissue and preserved material form, the coroner may order the release of the preserved tissue or other material if—

(a) the tissue or other material has not been destroyed; and

(b) there are no concerns regarding the release of the tissue or other material as specified in subrule (2)(d).

(5) An order under subrule (4) must be in Form 15.

PART 2—INVESTIGATION OF FIRES

39 Requests for an investigation into a fire

(1) A request under section 30(1) or 31(1) of the Act for a coroner to investigate a fire must—


(b) specify the reason why the investigation of the fire is sought.

(2) A coroner's decision in respect of a request made under section 30(1) or 31(1) of the Act must be in Form 17.

Rule 38(2)(e)(ii) amended by S.R. No. 117/2011 rule 14.

r. 39Order 1


21

PART 3—ASSISTANCE TO CORONER IN INVESTIGATIONS

40 Person who made report of death to assist

A person to whom section 32 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death—

(a) no later than 7 days after the coroner's request for information or assistance has been made of the person; and

(b) in the case of a request for information—provide the information to the coroner in writing or any other form specified by the coroner.

41 Registered medical practitioner to assist

A registered medical practitioner to whom section 33 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a death—

(a) no later than 7 days after the coroner's request for information or assistance has been made of the registered medical practitioner; and


42 Person who asks for investigation of fire to assist

A person to whom section 34 of the Act applies must give the coroner the information or other assistance requested by the coroner in respect of an investigation of a fire—

r. 40Order 1


22

(a) no later than 7 days after the coroner's request for information or assistance has been made of the person; and


PART 4—POWERS RELATING TO INVESTIGATION

43 Authorising entry, search, inspection and possession

(1) An authorisation under section 39 of the Act must be in Form 18.

(2) After an authorisation under section 39 of the Act has been exercised, a result of search form must be completed by a member of the police force.

(3) A result of search form must be in Form 19.

44 Application for exhumation

(1) For the purposes of section 43(2) of the Act, the form for an application for exhumation of a body is Form 20.

(2) A refusal of an application to authorise an exhumation of a body by the State Coroner must—

(a) specify the State Coroner's reasons for the refusal; and

(b) be in Form 21.

45 Suggestions regarding a proposed exhumation

A suggestion by the senior next of kin under section 45(1)(a) of the Act as to how and whether a proposed exhumation should be conducted must be—

(a) in writing; and

r. 43Order 1


23

(b) filed with a registrar within the time specified by the coroner.

46 Authorisation of exhumation

(1) A notice of the State Coroner's intention to authorise an exhumation under section 45(1) of the Act must be in Form 22.

(2) An authorisation made by the State Coroner under section 46 of the Act for the exhumation of a body must be in Form 23.

(3) Unless section 45(5) of the Act applies, a copy of the authorisation must be served on—

(a) the senior next of kin;

(b) if the body is in a public cemetery, the cemetery trust responsible for the public cemetery;

(c) if the body is in a place of interment that is not a public cemetery, the owner of the land where the place of interment is located.

PART 5—GENERAL

47 Release of body

An order made by a coroner to release a body under section 47 of the Act must be in Form 24.

48 Application to coroner for release of body

If 2 or more persons apply for release of a body under section 48(2) of the Act, each applicant must complete an application which is to be in Form 25.

__________________

r. 46


Order 1


24

ORDER 6

INQUESTS INTO DEATHS AND FIRES

49 Requests for an inquest

(1) A request under section 52(5) of the Act for an inquest into a death that the coroner is investigating must—


(b) specify the reason why the inquest is sought.

(2) A request under section 53(2) of the Act for an inquest into a fire that the coroner is investigating must—


(b) specify the reason why the inquest is sought.

50 Decision regarding whether inquest to be held

(1) A decision by a coroner under section 52(6) of the Act as to whether or not an inquest into a death will be held must—


(b) specify the reasons for the decision.

(2) A decision by a coroner under section 53(3) of the Act as to whether or not an inquest into a fire will be held must—


(b) specify the reasons for the decision.

51 Publication of the details of an inquest

(1) Unless a coroner otherwise directs, a registrar must, under section 61 of the Act, publish notice of the inquest at least 14 days before an inquest.

r. 49


Order 1


25

(2) Notice under subrule (1) must—

(a) be published in a daily newspaper circulating throughout the State or on the Internet; and

(b) contain the date, time, place and subject of the inquest.

52 Exclusion from an inquest

(1) An exclusion of a person or class of persons from an inquest under section 55(2)(d) of the Act must be in Form 30.

(2) A registrar must put a copy of Form 30 in a conspicuous place—

(a) at the outside of the Court where the inquest is being held; or

(b) in the building where the Court in which the inquest is being held is located.

53 Interested party

(1) Under section 56 of the Act, a person may apply for leave as an interested party at an inquest.

(2) An application under subrule (1) must be in Form 31.

54 Privilege in respect of self-incrimination

A certificate under sections 57(5) and 57(6) of the Act must be in Form 32.

Note

See section 53 of the Interpretation of Legislation Act 1984 for what is required for a form to be sufficiently compliant in law.

55 Warrants for arrest

A warrant to arrest a person under section 59 of the Act must be in Form 33.

__________________

r. 52


Order 1


26

ORDER 7

SEIZURE

56 Storage of seized things

(1) Seized things are to be held at a location determined by the coroner or the State Coroner.

(2) Seized things are to be held in a manner that protects them from damage, wear and decay so far as is reasonably possible.

57 Access to seized things

(1) Seized things are not to be accessed by anyone other than an officer of the Coroners Court or any other person assisting a coroner, unless the coroner or the State Coroner orders that access is to be granted to a person or class of persons.

(2) A person may apply to the Coroners Court for access to seized things.


(4) An order under subrule (1) may be subject to any condition that the coroner thinks fit, including but not limited to—

(a) restrictions on the type and duration of access; and

(b) a requirement that an officer of the Coroners Court, or any person assisting a coroner, be present while the thing is being accessed.

(5) An order allowing access to seized things must be in Form 35.

r. 56Order 1


27

58 Seized thing no longer required to be held

(1) A seized thing is no longer required to be held if the thing—

(a) is no longer reasonably required by the Coroners Court for the purposes of investigations or inquests; and

(b) is not likely to become reasonably required by the Coroners Court for the purposes of investigations or inquests.

(2) If a seized thing is no longer required to be held under subrule (1), the Coroners Court may—

(a) make an order for the release of the seized thing in accordance with rule 59; or

(b) make an order for the destruction or disposal of the seized thing in any manner the Court considers appropriate.

(3) An order made under subrule (2)(b) must be in Form 36.

59 Release of seized things

(1) A person may apply to the Coroners Court for a seized thing to be released to the person.


(3) If a seized thing is no longer required to be held, the Coroners Court may make an order for—

(a) release of the thing to its owner; or

(b) if the owner of the thing cannot be identified or found—

(i) release of the thing to a person who has applied for release of the thing under subrule (1);

r. 58Order 1


28

(ii) release of the thing to a specified person.

(4) An order under subrule (3) must be in Form 36.

(5) An order under subrule (3) must not be made unless—

(a) a person can be specified to whom it is appropriate that the thing be released; and

(b) it is safe for the thing to be released.

__________________

r. 59Order 1


29

ORDER 8

FINDINGS, RECOMMENDATIONS AND REFERRALS

60 Findings of coroner investigating a deathr. 60


(1) Under section 67 of the Act, the finding of a coroner following an inquest into a death must be in Form 37.

(2) Under section 67 of the Act, the finding of a coroner in respect of a death for which an inquest has not been held must be in Form 38.

61 Findings of coroner investigating a fire

(1) Under section 68, the finding of a coroner following an inquest into a fire must be in Form 39.

(2) Under section 68, the finding of a coroner in respect of a fire for which an inquest has not been held must be in Form 40.

62 Findings not required if inquest not held or discontinued

(1) If, under section 71 of the Act, a coroner is not required to make any of the findings specified in section 67(1) of the Act in respect of a death, the coroner must complete a determination.

(2) A determination under subrule (1) must be in Form 41.




Rule 62(1) substituted by S.R. No. 117/2011 rule 20(1).


Order 1


30

62A Suppression of findings by coroner

(1) A coroner may by order suppress a finding in whole or in part in respect of a death or a fire.

(2) An order made under subrule (1) may be by the coroner's own motion or by request of a person.

(3) An order made under subrule (1) may be published on the website of the Coroners Court as soon as possible.

63 Reports and recommendations

(1) A report made by a coroner to the Attorney-General on a death or fire the coroner has investigated under section 72(1) of the Act must be in writing.

(2) Recommendations made by a coroner in connection with a death or fire to any Minister, public statutory authority or entity under section 72(2) of the Act must—

(a) be in writing;

(b) be served by registered post, or given, to the Minister, public statutory authority or entity;

(c) include a copy of the coroner's findings in respect of the death or fire investigated by the coroner.

(3) A written response prepared by a public statutory authority or entity under section 72(4) of the Act must be prepared in accordance with any specific guidelines prepared by the Coroners Court and published on the Internet.

(4) A registrar must, as soon as practicable after a coroner receives a written response of a public


r. 62AOrder 1


31

statutory authority or entity under section 72(5) of the Act—

(a) publish that written response on the website of the Coroners Court;

(b) if the coroner's recommendations in respect of which the written response was prepared were connected with a death, send by ordinary post, a copy of the written response to the family of the deceased;

(c) if possible, email a link to the published written response on the website of the Coroners Court to any person who has advised the principal registrar that they have an interest in the subject of the recommendations.

64 Publication of findings and reportsr. 64


(1) Subject to any order made by a coroner under section 73(1) of the Act, the findings, comments and recommendations made following an inquest must be published on the website of the Coroners Court as soon as practicable.

(2) An order made by a coroner under section 73(2) of the Act preventing the publication of a report must be in Form 42.

(3) Unless otherwise ordered by a coroner, the findings, comments and recommendations made by a coroner in respect of a death or a fire in respect of which an inquest has not been held may be published on the website of the Coroners Court as soon as practicable.

64A Publication of determination, ruling or order

Without limiting any power of the Coroners Court, a coroner may order that a determination,

Rule 64(3) inserted by S.R. No. 117/2011 rule 22(2).


Order 1


32

ruling or order made by the coroner be published on the website of the Coroners Court as soon as practicable.

65 Reopening of an investigation

(1) An application under section 77(1) of the Act for an order that some or all of the findings of a coroner after an investigation should be set aside must be in Form 43.

(2) An order made by the Coroners Court under section 77 of the Act is to be in Form 44.

__________________

r. 65Order 1


33

ORDER 9

REGISTRARS

66 Functions of registrars

For the purposes of section 98(d) of the Act, a registrar may issue a summons requiring a witness to attend the Coroners Court to give oral evidence or produce any document or other material.

__________________

r. 66Order 1


34

ORDER 9A

ALLOWANCES AND REIMBURSEMENT OF EXPENSES

Rule 66A inserted by S.R. No. 117/2011 rule 24.r. 66A

66A Attendance expenses for expert witnesses

Unless a coroner otherwise orders, a witness who is called to give evidence at the Coroners Court in a professional or expert capacity is entitled to an amount of up to $300 per hour but not exceeding $1500 per day for loss of income in attending the Court.

66B Allowances and expenses of witnesses other than expert witnesses

(1) This rule applies to a witness who is called to give evidence at the Coroners Court other than in a professional or expert capacity.

(2) If the witness is engaged in an income producing vocation and loses income because of his or her attendance at the Coroners Court, the witness is entitled to an amount of up to $100 per hour, not exceeding $601 per day, for the time spent in attendance at the Court.

(3) If the witness incurs childcare expenses because of his or her attendance at the Coroners Court the witness is entitled to those reasonable childcare expenses incurred.

66C Meals

(1) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set

Order 9A (Headings and rules 66A–66F) inserted by S.R. No. 117/2011 rule 24.

Rule 66B inserted by S.R. No. 117/2011 rule 24.

Rule 66C inserted by S.R. No. 117/2011 rule 24.

Order 1


35

out in Table 1 for meals during his or her absence if the witness is absent from his or her home overnight.

Table 1Capital City Any other location

Breakfast $17.70 $15.75

Lunch $19.75 $18.05

Dinner $34.05 $31.15

Total $71.50 $64.95

(2) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 2 for meals during his or her absence if the witness is absent for a part of a day only, departing and returning the same day.

Table 2Breakfast $12.40

Lunch $12.40

Dinner $16.50

Total $41.30

(3) Despite subrule (1) or (2), a witness is only entitled to an allowance—

(a) for breakfast, if he or she is absent from his or her home between 7.00 a.m. and 9.30 a.m.;

(b) for lunch, if he or she is absent from his or her home between 12.00 p.m. and 3.00 p.m.;

(c) for dinner, if he or she is absent from his or her home between 5.00 p.m. and 7.00 p.m.

66D Accommodation

r. 66C

Rule 66D inserted by S.R. No. 117/2011 rule 24.

Order 1


36

A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home overnight because of his or her attendance at the Court is entitled to the cost incurred by him or her of alternative accommodation up to a maximum of $150.00 for each night of his or her absence.

66E Travelling

(1) A witness who is called to give evidence at the Coroners Court is entitled to be reimbursed in respect of the expense of travelling to and from the Court equal to the cost of the most economical form of transport having regard to the total expense of attending the Court.

(2) For the purposes of subrule (1), if the witness uses his or her own vehicle, he or she is entitled to a reimbursement of 18 cents for each kilometre travelled to or from the Court.

66F Evidence of expenses etc. to be produced

The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar—

(a) in the case of rule 66B(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation;

(b) in the case of rule 66B(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses;

(c) in the case of rule 66C, evidence that the witness was absent from his or her home by

r. 66D

Rule 66E inserted by S.R. No. 117/2011 rule 24.

Rule 66F inserted by S.R. No. 117/2011 rule 24.

Order 1


37

reason of attendance at the Coroners Court at the relevant times;

(d) in the case of rule 66D, evidence of the expenditure or cost incurred by the witness;

(e) in the case of rule 66E(1), evidence of the costs of the most economical form of transport.

__________________

r. 66FOrder 1


38

ORDER 10

ACCESS TO DOCUMENTS

67 Access to documents

(1) For the purposes of section 115(2)(f) of the Act, a coroner may release a document to any person if the coroner is satisfied that the person has a sufficient interest in the document.

(2) A person specified in section 115(2) of the Act may apply to a coroner for release of a document.


__________________

r. 67Order 1


39

FORMS

FORM 1Rule 21

IN THE CORONERS COURT

OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AFFIDAVIT OF SERVICEForm 1 Rule 21

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

In the matter of the investigation into the *death of/*fire at [name of deceased/location of fire]

I, [full name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s):

[describe the document(s) served]

*by leaving it with *him/*her personally at [address]

*by delivering it to *his/*her place of residence to [name] a person apparently over the age of 16 years and residing there at [address]

*by delivering it to *his/*her place of residence to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business

*by posting it by prepaid ordinary post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address] *by leaving it at [address]/*by sending it by post to the registered office of that corporation at [address]

*by posting it by registered post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address]/*by giving to [name] at [address]

*by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address]

Form 1 substituted by S.R. No. 117/2011 rule 25.

Form 1Order 1


40

on [day of week], the day of 20 at *a.m./p.m.

*Sworn/*Affirmed at[place]in the State of Victoria on [date]Before

üïýïþ

[Signed by person]

authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.

[Name and address in legible writing, typing or stamp]

*Delete if inapplicable

__________________

Form 1Order 1


41

FORM 2Rule 24(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE DEATH

Form 2 Rule 24(1)

Section 16(1) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of:

Details of deceased:Surname:

Given names:

*Date of Birth/*Age:

Death occurred *on or about/*on/*between:

Place of death:

reported by—

Details of reporting person:Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

determine the death is not a reportable death pursuant to the Coroners Act 2008 because:

Reason(s) for decision:


Form 2Order 1


42

Accordingly under section 16(3) of the Coroners Act 2008, I discontinue the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 78 of the Coroners Act 2008, an appeal can be made to the Supreme Court of Victoria within 3 months after the day on which the determination of the coroner is made.


__________________

Form 2Order 1


43

FORM 2ARule 24(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION TO DISCONTINUE THE INVESTIGATIONForm 2A Rule 24(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:

Details of deceased:Surname:

Given names:



Place of death:

reported by—

Details of reporting person:Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

am satisfied on the basis of the following material(s) available to me in this investigation:

[list materials]

that the death probably occurred more than 100 years before the [date death was reported to the Coroners Court].

Form 2A inserted by S.R. No. 117/2011 rule 25.

Form 2AOrder 1


44

Accordingly pursuant to section 16(5) of the Coroners Act 2008, I am discontinuing the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 2AOrder 1


45

FORM 3Rule 25


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION THAT REPORTABLE DEATH DOES NOT REQUIRE FURTHER INVESTIGATION

Form 3 Rule 25

Section 17 of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname]

without holding an inquest—

Find that the identity of the deceased was:Surname:

Given names:

Date of *Birth*Age

Death occurred *on or about/*on/*between

Place of death:

Cause of death: 1(a)

1(b)

1(c)

2

and pursuant to section 17 of the Coroners Act 2008, having considered the report of a medical investigator that contains an opinion that this death was due to natural causes determine that no further investigation is required.

*I direct a copy of this finding be provided to the following:


Form 3Order 1


46

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 3Order 1


47

FORM 4Rule 26


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE

Form 4 Rule 26


I, [name], *State Coroner/*Deputy State Coroner/*Coroner direct that:

Details of deceased:

Surname:

Given names:

*Date of Birth/*Age (if known):

be referred to the Victorian Institute of Forensic Medicine.

Under section 18 of the Coroners Act 2008, information held by the Coroners Court is to be given by the Principal Registrar to the Institute as I consider it necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985.

Signature:

_______________________________________

Coroner's name:

Date:


__________________


Form 4Order 1


48

FORM 5Rule 27


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ADVICE OF NON-REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE

Form 5 Rule 27


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:


Surname:

Given names:


which is or may be a reviewable death, do not intend to refer this death to the Victorian Institute of Forensic Medicine.

I direct that a copy of this direction be provided to the Institute under section 19(2) of the Coroners Act 2008.

Signature:

_______________________________________

Coroner's name:

Date:


__________________


Form 5Order 1


49

FORM 6Rule 28


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REVIEWABLE DEATH

Form 6 Rule 28




Surname:

Given names:



Place of death:

reported by—

Details of reporting person:

Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

determine the death is not a reviewable death pursuant to the Coroners Act 2008 because:

Reason(s) for decision:


Form 6Order 1


50

Accordingly—

Under section 20(3) of the Coroners Act 2008, I discontinue the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 6Order 1


51

FORM 7Rule 31


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

IDENTIFICATION DIRECTIONForm 7 Rule 31


To [name of medical investigator],

I, [name] *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:

Believed to be [name]

direct that you assess and perform the appropriate identification procedure(s) on the deceased:

[insert procedures]

and as soon as practicable after completion of the identification procedure, prepare and deliver the identification report to the Coroner.

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________


Form 7Order 1


52

FORM 8Rule 32


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER OF IDENTITY OF DECEASEDForm 8 Rule 32


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the following information available to me at this time:

*Police report of death (*Police Form 83/*Police Form 47)

*Report of Medical Investigator

*Hospital/Clinical Records

*Fingerprint report

*Medical Certificate of Cause of Death

*Initial Family Contact Form

*Other: [please specify]

Determine that the identity of the deceased is:

Surname:

Given names:


For the following reasons:

[insert reasons]


Form 8Order 1


53

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

Form 8Order 1


54

FORM 9Rule 33


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION REGARDING AUTOPSYForm 9 Rule 33




Surname:

Given names:


having taken into account the following information available to me at this time:

*Police report of death (*Police Form 83/*Police Form 47)

*Statement of Identification

*Preliminary Examination Report

*Medical Deposition

*Hospital/Clinical Records

*Medical Certificate of Cause of Death

*Initial Family Contact Form

*Other: [please specify]

and having noted:

*the following specific concerns raised by the senior next of kin prior to making this direction: [please specify]


Form 9Order 1


55

*it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located.

*that the person making the request for an autopsy direction is the senior next of kin.

*that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin.

direct that the medical investigator:

*perform an autopsy

OR

*perform an autopsy with the following conditions: [specify conditions]

*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of notification to the senior next of kin.

OR

*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(i) of the Coroners Act 2008 because it is believed appropriate in the circumstances.

OR

*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(ii) of the Coroners Act 2008 because there is no senior next of kin or the next of kin cannot be located.

OR

*pursuant to section 26(5)(b) of the Coroners Act 2008, having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, direct that the autopsy be performed forthwith.

OR

*not perform an autopsy, as it is my opinion that a reasonable medical cause of death can be established as being:

1(a)

1(b)

1(c)

2

Form 9Order 1


56

*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:

*Nil Toxicology

*Full Routine Toxicology (*Ante Mortem/*Post Mortem)

*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)

*Microbiology (*Ante Mortem/*Post Mortem)

*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)

*Other [please specify] (*Ante Mortem/*Post Mortem)

*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages

Signature:

_______________________________________

Coroner's name:

Date:

Time:

NOTE: Under section 26 of the Coroners Act 2008, within 48 hours from receiving notice, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed.

A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:

(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or

(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.

Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.


Form 9Order 1


57

__________________

Order 1


58

FORM 10Rule 35


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE

RECONSIDEREDForm 10 Rule 35



Surname:

Given names:


having been asked by the senior next of kin to reconsider the direction that an autopsy be performed pursuant to section 26(2) of the Coroners Act 2008 and taken into account their specific concerns, being:

[please specify]

hereby:

*determine that an autopsy is not necessary

*determine that an autopsy is necessary

*determine that an autopsy is necessary but impose the following conditions:[please specify]

*order that an autopsy not be performed, as it is my opinion that a reasonable medical cause of death can be established as being:

1(a)

1(b)

1(c)


Form 10Order 1


59

2

for the following reasons:[specify reasons]

*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of written notification to the senior next of kin.

*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:

*Nil Toxicology

*Full Routine Toxicology (*Ante Mortem/*Post Mortem)

*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)

*Microbiology (*Ante Mortem/*Post Mortem)

*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)

*Other [please specify] (*Ante Mortem/*Post Mortem)

*AND pursuant to section 26(5)(b), having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, I direct that the autopsy be performed.

*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages

Form 10Order 1


60

Signature:

_______________________________________

Coroner's name:

Date:

Time:

NOTE: A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:

(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or

(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.

Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.


__________________

Form 10Order 1


61

FORM 11Rule 36


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER IN RELATION TO REQUEST FOR AUTOPSY

Form 11 Rule 36


Notice to [name of applicant],

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request for autopsy from [name of applicant] in respect of the death of:


Surname:

Given names:


have decided not to order an autopsy for the following reasons:

[specify reasons]

Signature:

_______________________________________

Coroner's name:

Date:

Time:

NOTE: Under section 79 of the Coroners Act 2008, if a decision is made to refuse the request, the senior next of kin or the person who requested the autopsy may appeal to the Supreme Court of Victoria within 48 hours after the person receives notice of the refusal.


__________________


Form 11Order 1


62

Order 1


63

FORM 12Rule 37(3)

Court Reference:

ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL

Form 12 Rule 37(3)



Surname:

Given names:


I, [name of Medical Investigator], request the Coroner to make a direction to enable the following tissue(s)/material(s) to be preserved:

[list tissue and/or material]

For the following reasons:

[specify reasons]

I anticipate the duration for preservation will be approximately: *day(s)/*week(s)/*month(s) (if different durations, please specify below):

[list tissue, material and durations]

*It is my opinion, that the following restrictions should be placed on the release of the tissue(s)/material(s):

[list restrictions]

Signature of Medical Investigator:

_______________________________________

Name of Medical Investigator:

Date:

Time:


__________________


Form 12Order 1


64

FORM 13Rule 37(4)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION TO PRESERVE TISSUE OR MATERIALForm 13 Rule 37(4)




Surname:

Given names:


direct [name of Medical Investigator]

*to preserve

*not to preserve

tissue/material as set out in the written request dated [insert date] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in your written request.

*The tissue/material is to be preserved for *day(s)/*week(s)/*month(s) (If different durations are required for different tissues/materials, specify below):

[list tissue material]

*The following restrictions are imposed:

[list restrictions]


Form 13Order 1


65

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

Form 13Order 1


66

FORM 14Rule 38(3)

Court Reference:

REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL

Form 14 Rule 38(3)


I, [name and title of staff member], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin (or his or her delegate) of:


Surname:

Given names:

*Date of Birth/*Age[if known]:

request that the following tissue(s) or other material(s) be released following the medical examination without the body:

[list tissue(s) or other material(s)]

*to the senior next of kin or the nominated funeral director, [name of funeral director], to:

*cremate

*bury

*other method of disposal: [please specify]

*to the Victorian Institute of Forensic Medicine to:

*cremate, and reunite the ashes with the other ashes

*cremate, and scatter the ashes at the Bunurong Memorial Park

*bury

*other method of disposal: [please specify]


Form 14Order 1


67

*And I have informed the senior next of kin of the direction of the coroner to impose restrictions in relation to the tissue(s) or other material(s) because of public health and safety concerns or in the interests of justice.

Signature:

_______________________________________

Date:

Time:


__________________

Form 14Order 1


68

FORM 15Rule 38(5)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER TO RELEASE PRESERVED TISSUE OR MATERIALForm 15 Rule 38(5)




Surname:

Given names:


order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the [tissue(s)/material(s)] without the body.

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________


Form 15Order 1


69

FORM 16Rule 39(1)

Court Reference: [if known]:

REQUEST TO INVESTIGATE A FIREForm 16 Rule 39(1)

Sections 30 and 31 of the Coroners Act 2008

I [name], from the:

*Country Fire Authority

*Metropolitan Fire and Emergency Services Board

*Other, please specify:

of [requestor's address], request the Coroner to investigate:

Details of fire:

Location of fire:

Fire occurred *on*about*between:

for the following reason(s):

[specify reasons]

Signature:

_______________________________________

Date:


__________________


Form 16Order 1


70

FORM 17Rule 39(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE

Form 17 Rule 39(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request to investigate the following fire:

Details of fire:

Location of fire:

Fire occurred *on/*between:

from the requestor:

Surname:

Given name:

*Organisation:

Address:

*determine that the fire will be investigated

*determine that the fire will not be investigated pursuant to section *30(2)/*31(2) of the Coroners Act 2008, for the following reason(s):[specify reasons]

Signature:

_______________________________________

Coroner's name:

Date:



Form 17Order 1


71

__________________

Order 1


72

FORM 18Rule 43


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AUTHORISATION BY CORONER TO A MEMBER OF THE POLICE FORCE

Form 18 Rule 43

Sections 39, 40 and 41 of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner

*investigating the death of:

Surname:

Given names:


*investigating the fire:

Location of fire:


under section 39 of the Coroners Act 2008 authorise:

[Name of investigating officer], a member of the police force to exercise the following powers with any assistance that is required pursuant to section 39(3) of the Coroners Act 2008

*to break, enter and search [place of death/incident] using reasonable force if required, and upon entry to the premises, exercise the powers under section 40 and/or section 41 of the Act (reasonable force can only be exercised by a member of the police force);

*to take a copy or copies of documents relevant to the investigation;

*to seize things (including documents) which may be relevant to the investigation;

*to take samples which may be relevant to the investigation;


Form 18Order 1


73

as specified in the Schedule below in that place, that may be of assistance in investigating the above-mentioned *death/*fire.

Schedule:

The powers contained in this authorisation must be exercised at or between the hours of [time] and [time] during the period commencing [day eg 1st, 2nd, 3rd] of [month] [year], and concluding [day eg 1st, 2nd, 3rd] of [month] [year]. This period is not to exceed 30 days after the date of this authority.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 40(1) of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may direct a person at the premises—

(a) to produce a document located at the premises that is in the person’s possession or control; or

(b) to operate equipment or access information from the equipment.

Section 40(2) of the Coroners Act 2008 provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of police force under section 40(1) of that Act.

Section 41 of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may—

(a) take photographs, or make audio or audiovisual recordings, at the premises;

(b) bring any equipment or materials to the premises that may be required;

(c) seal a thing or lock the premises;

(d) analyse, measure, or test any thing at the premises with equipment brought to the premises or that is already at the premises;

(e) do any other thing that is reasonably necessary for the coroner or member of the police force to investigate the death or fire.


__________________

Form 18Order 1


74

FORM 19Rule 43(3)

Court Reference:

RESULT OF SEARCHForm 19 Rule 43(3)


Investigation into the:

*Death of: [name of deceased]

*Fire at: [location of fire]

*Authority executed by [name] at [time] *am/*pm on [date].

*This Authority is returned unexecuted because:

[insert reason]

Copy of Authority served on [name] (*owner/*occupier/*person in charge of premises) of [address].

Description of how person served:

Thing(s) seized:

[attach additional pages if insufficient space]

The items listed above are retained under my control unless otherwise ordered by the coroner.

*Coroner’s direction(s): [complete if required]


Form 19Order 1


75

Signature:

_______________________________________

At: [place]

Date:

Report of search forwarded on: [date]

Surname:

Rank and Registration No.:


__________________

Form 19Order 1


76

FORM 20Rule 44(1)


APPLICATION FOR EXHUMATIONForm 20 Rule 44(1)


Details of applicant:

Organisation (if applicable):

Title (Mr, Mrs, Ms Dr, etc.):

Surname:

Given name:

Relationship to deceased (if any):

Contact number(s):

Email:

Postal address:

apply to the Coroner for an authorisation of an exhumation of the body of:


Surname:

Given names:

*Date of birth/*Age (if known):

Gender:

Date of death (if known):

Place of death (if known):

from the following place:

Details of burial:

Date of burial:

Location of burial: [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]


Form 20Order 1


77

Reason(s) for application:

Signature of applicant:

Date:


__________________

Form 20Order 1


78

FORM 21Rule 44(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION TO REFUSE AN APPLICATION FOR EXHUMATIONForm 21 Rule 44(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of:


Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:



to exhume:

Details of deceased (if known):

Surname:

Given names:


refuse to authorise the exhumation for the following reasons:[specify reason(s) for refusal]


Form 21Order 1


79

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: An appeal can be made to the Supreme Court of Victoria within 3 months after the refusal to authorise the exhumation of a body under section 81(3) and (4) of the Coroners Act 2008.


__________________

Form 21Order 1


80

FORM 22Rule 46(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

NOTICE OF INTENTION TO AUTHORISE EXHUMATIONForm 22 Rule 46(1)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:


Surname:

Given names:


intend to authorise the exhumation of the body of the deceased. The deceased is buried at [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]:

*on my own motion under section 44 of the Coroners Act 2008;

*based on an application made under section 43 of the Coroners Act 2008;

AND

order that notice of this intention is given to:

*[name of senior next of kin];

*[name of cemetery trust], responsible for the public cemetery;

*[name of owner of land], owner of the land where the place of interment is located, pursuant to the Cemeteries and Crematoria Act 2003.


Form 22Order 1


81

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: The senior next of kin may provide written suggestions as to how and whether the proposed exhumation should be conducted and he or she may appeal to the Supreme Court of Victoria under Part 7 of the Coroners Act 2008 against the authorisation under section 46 of that Act.


__________________

Form 22Order 1


82

FORM 23Rule 46(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AUTHORISATION OF EXHUMATIONForm 23 Rule 46(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:


Surname:

Given names:


*Having considered the following suggestions raised by [name] regarding the notice of intention to authorise an exhumation made under section 45 of the Coroners Act 2008:

[please specify]

*Having not received any suggestions from any persons regarding the making of the Notice of Intention to Authorise Exhumation made pursuant to section 45 of the Coroners Act 2008.

Hereby authorise that the body of the deceased person buried at [place of interment or cemetery], be exhumed and taken without delay to [place/address] and be held there

*subject to the following condition(s):


Form 23Order 1


83

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 46(5) of the Coroners Act 2008 provides that authorisation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (or any further period specified by the State Coroner) unless:

(a) the State Coroner directs that the exhumation be conducted immediately; or

(b) within that period, the senior next of kin advises that he or she will not appeal to the Supreme Court against the authorisation.

An appeal can be made to the Supreme Court under Part 7 of the Coroners Act 2008 against the authorisation in certain circumstances.


__________________

Form 23Order 1


84

FORM 24Rule 47


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER FOR RELEASE OF BODYForm 24 Rule 47


I, [name], *State Coroner/*Deputy State Coroner/*Coroner order that the body of:


Surname:

Given names:


be released to [name]

*subject to the following terms and/or conditions:[insert terms and/or conditions]

*for overseas repatriation and there is no indication of any infectious diseases.[insert cause/s of death]

because:

*I am satisfied that it is no longer necessary to have control of the body in order to exercise my functions under the Coroners Act 2008;

*I have determined that the death was not a reportable death or a reviewable death.

Name of funeral director (if known):


Form 24Order 1


85

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

Form 24Order 1


86

FORM 25Rule 48


APPLICATION FOR THE RELEASE OF BODYForm 25 Rule 48




Surname:

Given name:


Contact number(s):

Postal address:

Email:


Surname:

Given names:


Date of death (if known):

Place of death (if known):

Details of funeral director:

Organisation:

Funeral director's code:

Contact number(s):

Email:

Reason(s) for application:[specify reasons]


Form 25Order 1


87

I [name of applicant]:

1. Confirm that all information provided in this form and supporting documents (if applicable) is to the best of my knowledge true and correct;

AND

2. Understand that my application may be provided to any other applicant (if appropriate).


Date: –––––––––––––––––––––––––––––––––––––––––––––———————NOTE: Under section 85 of the Coroners Act 2008 a person who applied to have a body released to him or her under section 48 of that Act may appeal against an order to release the body or the terms of that release to the Supreme Court within 48 hours after the determination of the coroner is made.–––––––––––––––––––––––––––––––––––––––––––––———————


__________________

Form 25Order 1


88

FORM 26Rule 49(1)


REQUEST FOR INQUEST INTO DEATHForm 26 Rule 49(1)



Title (Mr, Mrs, Ms, Dr, etc.):

Surname:

Given name:



Postal address:

Email:

request that the Coroner hold an inquest into the death of:


Surname:

Given names:


Date of death/suspected death:

Place of death/suspected death:

Reasons for application:

[specify reasons]


Date:


Form 26Order 1


89


__________________

Order 1


90

FORM 27Rule 49(2)


REQUEST FOR INQUEST INTO FIREForm 27 Rule 49(2)




Surname:

Given name:


Postal address:

Email:

request that the Coroner hold an inquest into the fire at:

Details of fire:

Location of fire:

Fire occurred *on/*about/*between:

Reason(s) for this application:


Date:


__________________


Form 27Order 1


91

FORM 28Rule 50(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO DEATH

Form 28 Rule 50(1)




Surname:

Given names:


have decided

*to hold an inquest

*not to hold an inquest

*not to make a decision as to whether or not an inquest should be held

for the following reason(s):[specify reasons]


Form 28Order 1


92

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.


__________________

Form 28Order 1


93

FORM 29Rule 50(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO FIRE

Form 29 Rule 50(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the fire:

Details of fire:

Location of fire:


have decided

*to hold an inquest

*not to hold an inquest

*not to make a decision as to whether or not an inquest should be held

for the following reasons:

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.



Form 29Order 1


94

__________________

Order 1


95

FORM 30Rule 52


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER EXCLUDING A PERSON OR CLASS OF PERSON FROM AN INQUEST

Form 30 Rule 52

Section 55(2)(d) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the

*death of [name of deceased]/*fire occurring *on/*between [date of fire or between the dates of]:

TO: [name of person or class of persons whom the order is directed]

*OF [address(s) of person or class of persons whom the order is directed—if appropriate]

You are ordered not to enter the courtroom for:

*the whole of the inquest;

OR

*the following parts/days of the inquest: [insert parts/days of inquest]:

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: A breach of this order may be dealt with as contempt of court under section 103 of the Coroners Act 2008.


__________________


Form 30Order 1


96

Order 1


97

FORM 31Rule 53(2)


APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY

Form 31 Rule 53(2)




Surname:

Given name:



Contact number(s):

Email:

Details of deceased (if applicable):

Surname:

Given names:


Details of fire (if applicable):

Location of fire:


I seek leave to appear for:

*whole of the inquest;

*part of the inquest: [specify which part of the inquest]


Form 31Order 1


98

Details of legal representative (if applicable):


Surname:

Given name:

Name of firm/Position held:

Postal address:

Contact number(s):

Email:

Reasons for application (see note below):

Signature of *applicant/*legal representative:

Date:

NOTE: Under section 56 of the Coroners Act 2008, a coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that—

(a) the person has sufficient interest in the inquest; and

(b) it is appropriate for the person to be an interested party.


__________________

Form 31Order 1


99

FORM 32Rule 54


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

PRIVILEGE IN RESPECT OF SELF INCRIMINATION IN OTHER PROCEEDINGS

Form 32 Rule 54


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the inquest into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


certify under section 57 of the Coroners Act 2008 that evidence in these proceedings by [name of witness] on [date or dates], is evidence or information to which section 57 of that Act applies.


Form 32Order 1


100

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 57(7) of the Coroners Act 2008 provides that:

In any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—

(a) evidence given by a person in respect of which a certificate under this section has been given; and

(b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

Section 57(8) of the Coroners Act 2008 provides that:

Section 57(7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.

A certified transcript or other record of the evidence will be forwarded when available.


__________________

Form 32Order 1


101

FORM 33Rule 55


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

WARRANT TO ARRESTForm 33 Rule 55


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

The person [name of person] of [address]:

*was summoned by a coroner under section 55 of the Coroners Act 2008 and has neglected or failed to appear at the time and place appointed in and by a summons to attend as a witness or to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.

*is avoiding service of a summons under section 55 of the Coroners Act 2008 or that the person has been duly served with the summons but is unlikely to comply with it.


Form 33Order 1


102

AND is to be brought before the Coroners Court to answer the Summons and to be further dealt with according to law, and if it is not practicable to bring him or her before the Court forthwith to release him or her on bail in accordance with the endorsement below.

Signature:

_______________________________________

Coroner's name:

Date:

*ENDORSEMENT FOR BAIL

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


__________________

Form 33Order 1


103

FORM 34Rules 57(3) and 59(2)

Court Reference [if known]:

APPLICATION TO ACCESS OR HAVE RELEASED SEIZED OR RECEIVED THING

Form 34 Rules 57(3) and 59(2)




Surname:

Given name:



Contact number(s):

Postal address:

Email:

Details of legal representative (if applicable):


Surname:

Given name:

Firm/Position held:

Contact number(s):

Postal address:

Email:

*Details of deceased (if applicable):

Surname:

Given names:



Form 34Order 1


104

*Details of fire (if applicable):

Location of fire:


Request that the following thing(s) be *accessed by/*released to [name of person]:


[specify reasons]

Signature of *applicant/*legal representative:

Date:


__________________

Form 34Order 1


105

FORM 35Rule 57(5)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER BY CORONER TO ACCESS SEIZED OR RECEIVED THING

Form 35 Rule 57(5)


I, [name], *State Coroner*/Deputy State Coroner/*Coroner having received the application of [name of applicant] to access or have released a seized or received thing in relation to the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


*Refuse the application

*Authorise access to the following thing(s):

[list things]

On the following conditions:


Form 35Order 1


106

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 35Order 1


107

FORM 36Rules 58(3) and 59(4)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER BY CORONER TO RELEASE OR DESTROY SEIZED OR RECEIVED THING

Form 36 Rules 58(3) and 59(4)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of [name of applicant] in relation to the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


order that

[list thing(s)]:

*be released to [name of owner] of [address]:

*be released to [specify person] of [address] as the owner cannot be identified or found

*be destroyed by [specify by whom]

*be disposed of in the following manner [outline manner to be disposed of] by [specify by whom]


Form 36Order 1


108

*not be released at this stage

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 36Order 1


109

FORM 37Rule 60(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO DEATH WITH INQUESTForm 37 Rule 609(1)


Inquest into the Death of: [name of deceased]Delivered On:

Delivered At:

Hearing Dates:

Findings of: [name of coroner]

Representation: [list representation]

*Police Coronial Support Unit

[name of PCSU member]

*Counsel Assisting the Coroner

[name of barrister]

[name of solicitor]


AND having held an inquest in relation to this death on [date]

at [place of inquest]

find that the identity of the deceased was [full name of deceased]

*born on/*aged [*date/*age]

and the death occurred *on/*on or about/*between [full dates]

at [full address of place of death]


Form 37Order 1


110

from:

1 (a)

1 (b)

1 (c)

2

in the following circumstances:

*COMMENTS

Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:[specify comments]

*RECOMMENDATIONS

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:[specify recommendations]

*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet:

[specify any finding, comment or recommendation that is not to be published]

*I direct that a copy of this finding be provided to the following:

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 37Order 1


111

FORM 38Rule 60(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO DEATH WITHOUT INQUESTForm 38 Rule 60(2)



without holding an inquest:

find that the identity of the deceased was [full name of deceased]

born *on/*aged [*date/*age]

and the death occurred *on or about/*on/*between [full date/s]

at [full address of place of death]

from:

1 (a)

1 (b)

1 (c)

2

*Having considered the evidence before me together with the public interest and being satisfied that there are no suspicious circumstances or circumstances requiring further investigation make no further findings with respect to the circumstances in which the death occurred.

*Pursuant to section 67(2) of the Coroners Act 2008, I make findings with respect to the following circumstances:[specify circumstances]


Form 38Order 1


112

*COMMENTS

Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:[specify comments]

*RECOMMENDATIONS

Pursuant to Section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:[specify recommendations]

*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [specify any finding, comment or recommendation to be published]

*I direct that a copy of this finding be provided to the following:

Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 38Order 1


113

FORM 39Rule 61(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO FIRE WITH INQUESTForm 39 Rule 61(1)


Inquest into the fire at: [location of fire]Delivered On:

Delivered At:

Hearing Dates:

Findings of: [name of coroner]

Representation: [list representation]

*Police Coronial Support Unit

[name of PCSU member]

*Counsel Assisting Coroner

[name of barrister]

[name of solicitor]

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full location]

AND having held an inquest in relation to this fire on [date]

at [place of inquest]

find that the fire occurred *on/*between [dates]

and find that the cause and origin of the fire was: [specify cause and origin]

in the following circumstances: [specify circumstances]


Form 39Order 1


114

*RECOMMENDATIONS

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:[specify recommendations]

*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet:

[specify any finding, comment or recommendation that is not to be published]


Signature:

_______________________________________

Coroner's name:

Date:


__________________

Form 39Order 1


115

FORM 40Rule 61(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO FIRE WITHOUT INQUESTForm 40 Rule 61(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full address]

without holding an inquest find that the fire occurred *on/*between [date(s)]

and find the cause and origin of the fire was:[specify cause and origin]

in the following circumstances:

[specify circumstances]

*RECOMMENDATIONS:

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:

[specify recommendations]

*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [please specify]


Signature:

_______________________________________

Coroner's name:

Date:


__________________


Form 40Order 1


116

FORM 41Rule 62


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION THAT INQUEST WILL NOT BE HELD OR WILL BE DISCONTINUED

Form 41 Rule 62




Surname:

Given names:


determine pursuant to sections 52(3)(b) and 71 of the Coroners Act 2008, that an inquest *will not be held/*will be discontinued in respect of this death as [full name of person] has been charged with an indictable offence and the making of a finding would be inappropriate in the circumstances for the following reasons:

[insert reasons]

Signature:

_______________________________________

Coroner's name:

Date:


__________________


Form 41Order 1


117

FORM 42Rule 64


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

SUPPRESSION ORDERForm 42 Rule 64


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


order that the following:

*Document(s): [list document(s)]

*Material(s): [list materials]

*Evidence: [list evidence]

*[list further orders]

not be published pursuant to section 73(2) of the Coroners Act 2008, as I reasonably believe that publication would:

*be likely the prejudice the fair trial of a person

*be contrary to the public interest


Form 42Order 1


118

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 73(3) of the Coroners Act 2008, a person must not publish a report contrary to this order. Breach of this order may incur a penalty up to 60 penalty units.


__________________

Form 42Order 1


119

FORM 43Rule 65(1)


APPLICATION TO SET ASIDE FINDINGForm 43 Rule 65(1)




Surname:

Given name:



Postal address:

Contact number(s):

Email:

*Details of deceased:

Surname:

Given names:


*Details of fire:

Location of fire:

*Fire occurred *on/*about/*between:

Details of finding:

Findings by:

Date of finding(s):

Details of the order sought:

Request that the coroner set aside:

*all of the findings.


Form 43Order 1


120

*the following particular findings: [detail particular findings to be set aside]

Reason(s) for application (see note below)


Date:––––––––––––––––––––––––––––––––––––––––––––––––———————

NOTE: Under section 77(3) of the Coroners Act 2008, the Coroners Court may only reopen the investigation and set aside the findings if satisfied that—

(a) there are new facts and circumstances; and (b) it is appropriate to reopen the investigation.

––––––––––––––––––––––––––––––––––––––––––––––––———————


__________________

Form 43Order 1


121

FORM 44Rule 65(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION FOLLOWING APPLICATION TO SET ASIDE FINDINGForm 44 Rule 65(2)

Sections 77(2) and 77(3) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received an application to set aside the finding into the *fire/*death of


Surname:

Given names:


Details of fire:

Location of fire:


make the following order:

*that the findings not be set aside as I am not satisfied that there are new facts and circumstances and it is not appropriate to re-open the investigation pursuant to section 77(3) of the Coroners Act 2008

*I am satisfied that there are new facts and circumstances however, pursuant to section 77(3) of the Coroners Act 2008, it is not appropriate to re-open the investigation

*pursuant to section 77(2) of the Coroners Act 2008, the following findings be set aside as I am satisfied that there are new facts and circumstances: [insert findings to be set aside]


Form 44Order 1


122

*pursuant to section 77(2) of the Coroners Act 2008, all of the findings be set aside as I am satisfied that there are new facts and circumstances.

*AND it is appropriate to re-open the investigation pursuant to section 77(3)(b) of the Coroners Act 2008.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 84 of the Coroners Act 2008, if the Coroners Court refuses to re-open an investigation, a person who requested the Coroners Court to set aside some or all of the findings of the coroner may appeal against the Court's determination to the Supreme Court within 3 months after the refusal by the Coroners Court.


__________________

Form 44Order 1


123

FORM 45Rule 67


APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/INQUEST TRANSCRIPT

Form 45 Rule 67




Surname:

Given name:

*Organisation:

*Agent [please attach a signed authority from the senior next of kin or interested party]

*Relationship to deceased (if any):

Postal address:

Contact number(s):

Email:

*Details of deceased:

Surname:

Given names:


*Details of fire:

Location of fire:


Details of documents sought:


Form 45Order 1


124

Category of request:

I am requesting the above documents as:

*an interested party claiming to have sufficient interest in the document

*a statutory body (for the purpose of exercising a statutory function)

*a member of the police force (for law enforcement purposes)

*a person who is conducting research approved by an appropriate human research ethics committee (attach supporting documents)

*the document is required for the public interest

*a person specified in the rules as being a person to whom documents may be released: a Coroner must be satisfied that a person has a sufficient interest in a document for the purposes of an application made by a person under rule 67(2).


Form of access:

*I wish to inspect the document(s)

*I require a copy of the document(s)

Confirmation

I confirm that all of the information provided in this form and supporting documents is to the best of my knowledge true and correct.

*Consent

I consent to my name being disclosed to the deceased's senior next of kin (if appropriate) which may be necessary in order for my application to be processed.


Date:––––––––––––––––––––––––––––––––––––––––––––––––———————NOTE: The applicant may be required to pay processing charges in respect of the applicant's application. If so, a statement of charges will be provided to the applicant.––––––––––––––––––––––––––––––––––––––––––––––––———————


Order 1


125

Dated: 29 October 2009

JUDGE JENNIFER ANN COATE, State Coroner

IAIN T. WEST, Deputy State Coroner

PARESA ANTONIADIS SPANOS, Coroner

═══════════════

Form 45Order 1


126

ENDNOTES

1. General InformationThe Coroners Court Rules 2009, S.R. No. 131/2009 were made on 29 October 2009 by the State Coroner together with 2 coroners jointly under section 105 of the Coroners Act 2008, No. 77/2008 and came into operation on 1 November 2009: regulation 3.

The Coroners Court Rules 2009 will sunset 10 years after the day of making on 29 October 2019 (see section 5 of the Subordinate Legislation Act 1994).

EndnotesOrder 1


127

2. Table of AmendmentsThis Version incorporates amendments made to the Coroners Court Rules 2009 by statutory rules, subordinate instruments and Acts.

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

Coroners Court (Amendment No. 1) Rules 2011, S.R. No. 117/2011Date of Making: 25.10.11Date of Commencement: 31.10.11: rule 3

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

EndnotesOrder 1


128

3. Explanatory DetailsNo entries at date of publication.

EndnotesOrder 1


129