Victorian Consolidated Legislation

Coroners Act 1985 - SECT 17

Jurisdiction of coroner to hold inquest into a death1

17. Jurisdiction of coroner to hold inquest into a death1



(1) A coroner who has jurisdiction to investigate a death must hold an inquest
if the body is in Victoria or it appears to the coroner that the death, or the
cause of death, occurred in Victoria and-

   (a)  the coroner suspects homicide; or

   (b)  the deceased was immediately before death a person held in care; or

   (c)  the identity of the deceased is not known; or

   (d)  the death occurred in prescribed circumstances; or

   (e)  the Attorney-General directs; or

   (f)  the State Coroner directs.

(2) A coroner who has jurisdiction to investigate a death may hold an inquest
if the coroner believes it is desirable.

(2A) The Attorney-General may direct the State Coroner to hold, or to direct a
coroner to hold, an inquest into a death that occurs outside Victoria where
the deceased ordinarily resided in Victoria at the time of death.







(3) Despite subsection (1) if, in relation to the investigation of a death, a
coroner is satisfied that-

   (a)  one or more persons have been charged before a court with-

   (i)  the murder, manslaughter, child homicide, defensive homicide,
        infanticide or child destruction of the deceased; or

   (ii) an offence under section 6B(2) of the Crimes Act 1958 in relation to
        the commission of suicide by the deceased; or

   (iii) causing the death of the deceased by the culpable driving of a motor
        vehicle; or

   (b)  a presentment has been made before a court of one or more persons for
        an offence referred to in paragraph (a)-

and one or more of those persons has been found guilty of the offence or
acquitted or found not guilty of the offence the coroner may-

   (c)  determine not to hold an inquest; or

   (d)  adjourn the holding of an inquest which has already commenced; or

   (e)  if an inquest has been adjourned, determine not to recommence the
        holding of the inquest.

(4) Nothing in subsection (3) limits the powers of a coroner to adjourn any
inquest or to recommence an inquest which has been adjourned.