Victorian Consolidated Legislation

CORONERS ACT 1985

No. 10257 of 1985
Version incorporating amendments as at 19 March 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Common law rules to cease to have effect
   5.      Application of Act

   PART 2-CORONERS

   6.      State Coroner and Deputy State Coroner
   7.      Functions of State Coroner
   8.      Coroners
   9.      Conditions
   10.     Delegation
   10A.    Delegation from State Coroner to a coroner

   PART 3-CORONER'S CLERKS

   11.     Employment of coroner's clerks
   12.     Functions of coroner's clerks

   PART 4-REPORTING OF DEATHS

   13.     Obligation to report death
   13A.    Obligation to report reviewable death
   14.     Information to coroner

   PART 5-INVESTIGATION OF DEATHS

           Division 1-General powers and duties of coroners

   15.     Jurisdiction of coroners to investigate a death
   15A.    Jurisdiction of State Coroner to investigate reviewable deaths
   16.     Directions by State Coroner
   17.     Jurisdiction of coroner to hold inquest into a death
   18.     Application for inquest into death
   18A.    Apology or reduction or waiver of fees
   19.     Findings and comments of coroner
   20.     Record of findings and comments
   21.     Reports
   22.     Notification of reported deaths to Registrar of Births, Deaths and Marriages
   22A.    Notification of certain deaths to CCOPMM
   23.     Certificate of burial etc.
   24.     Control of body
   25.     Aid to coroners in other places

           Division 2-Powers of investigation of reportable deaths

   26.     Powers of entry, inspection and possession
   27.     Autopsies
   28.     Application for autopsy
   29.     Objections to autopsy
   30.     Exhumation

           Division 3-Powers of investigation of reviewable deaths

   30A.    State Coroner has same investigative powers for reviewable death and reportable death
   30B.    If the reviewable death is a reportable death
   30C.    If the reviewable death is not a reportable death
   30D.    State Coroner may investigate a reviewable death
   30E.    Information about a child or person other than the deceased
           child
   30F.    Information collected by coroner in relation to a reviewable death or a reportable death

   PART 6-INVESTIGATION OF FIRES

           Division 1-General powers and duties of coroners

   31.     Jurisdiction of coroner to investigate a fire
   32.     Application for investigation into a fire
   33.     Directions by State Coroner
   34.     Jurisdiction of coroner to hold inquest into a fire
   35.     Application for an inquest into a fire
   36.     Findings and comments of coroner
   37.     Record of findings and comments
   38.     Reports
   39.     Police to report information to coroner

           Division 2-Powers of investigation

   40.     Restriction of access to fire area
   41.     Powers of entry, inspection and possession

   PART 7-INQUESTS INTO DEATHS AND FIRES

   42.     Advertisement of an inquest
   43.     Two or more deaths or fires
   44.     Rules of evidence not applicable
   45.     Rights of interested persons
   46.     Powers of coroners at an inquest
   47.     Exclusion from an inquest
   48.     Interruption of an inquest
   49.     Power of coroner to award costs
   50.     Enforcement of awards of costs
   51.     General access to records and files
           52-56. Repealed
   57.     Record of evidence
   58.     Restriction on publication of reports
   59.     New inquests and re-opening of inquests
   59A.    Re-opening by State Coroner of inquests in certain
           circumstances
   59B.    Refusal of State Coroner to re-open inquest

   PART 8-MISCELLANEOUS

   60.     Obstruction
   61.     Protection from legal proceedings
   62.     Coroner not to be called as witness
   62A.    Supreme Court-Limitation of jurisdiction
   63.     Regulations

   PART 9-VICTORIAN INSTITUTE OF FORENSIC MEDICINE

   64.     Establishment and objects of the Institute
   65.     The Institute to be a body corporate
   66.     Functions of the Institute
   66A.    Powers of the Institute
   67.     The Council
   68.     Director
   69.     Members of the Council
   70.     Procedure of the Council
   71.     Officers of the Institute
   72.     Director may act as consultant
   73.     Director's duties relating to autopsies
   74.     Change in Institute's name
   75.     Validation of past conduct of the Victorian Institute of Forensic Medicine

   PART 10-TRANSITIONAL

   76.     Transitional provisions
           77-93. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details