Victorian Consolidated Legislation

Coroners Act 1985 - SECT 3

Definitions

3. Definitions



(1) In this Act-



Australian lawyer has the same meaning as in the Legal Profession Act 2004;

child means a person under 18 years of age;



coroner includes the State Coroner and the Deputy State Coroner; corresponding
law means a law relating to the donation of human tissue for transplantation
or for use for other therapeutic purposes or for medical or scientific
purposes that-

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

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

Council means the Council of the Institute;

death includes suspected death;

Director means the Director of the Institute and includes a person appointed
to act as Director;

doctor means a medical practitioner registered under the
Health Professions Registration Act 2005;

domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

government body means-

   (a)  a department within the meaning of the Public Administration Act 2004
        or an office specified in section 16(1) of that Act;

   (b)  a public statutory authority; or

   (c)  a State owned enterprise within the meaning of the
        State Owned Enterprises Act 1992; or

   (d)  a corporation which is substantially owned or effectively controlled
        by the state; or

   (e)  any other body whether incorporated or not incorporated which is
        supported directly or indirectly by government funds;

inquest includes a formal hearing;

Institute means the Victorian Institute of Forensic Medicine;

investigation includes an inquest;

* * * * *





parent in relation to a child includes-

   (a)  a step-parent;

   (b)  an adoptive parent;

   (c)  a foster parent;

   (d)  a guardian;

   (e)  a person who has custody or daily care and control;

   (f)  a person who has all the duties, powers, responsibilities and
        authority (whether conferred by a court or otherwise) which, by law,
        parents have in relation to children;

pathologist means a doctor with a qualification in pathology recognized by the
National Specialist Qualification Advisory Committee of Australia;

person held in care means-

   (a)  a person under the control, care or custody of the Secretary to the
        Department of Human Services; or

   (ab) a person-

   (i)  in the legal custody of the Secretary to the Department of Justice or
        the Chief Commissioner of Police; or

   (ii) in the custody of a member of the police force; or

   (iii) in the custody of a protective services officer appointed under the
        Police Regulation Act 1958; or

   (b)  a patient in an assessment or treatment centre under the
        Alcoholics and Drug-dependent Persons Act 1968; or

   (c)  a patient in an approved mental health service within the meaning of
        the Mental Health Act 1986;

prescribed means prescribed by the regulations;

public statutory authority means any public body constituted or established
for a public purpose by or under an Act;



reportable death means a death-

   (a)  where the body is in Victoria; or

   (b)  that occurred in Victoria; or

   (c)  the cause of which occurred in Victoria; or

   (d)  of a person who ordinarily resided in Victoria at the time of death-
        being a death-

   (e)  that appears to have been unexpected, unnatural or violent or to have
        resulted, directly or indirectly, from accident or injury; or

   (f)  that occurs during an anaesthetic; or

   (g)  that occurs as a result of an anaesthetic and is not due to natural
        causes; or

   (h)  that occurs in prescribed circumstances; or

   (i)  of a person who immediately before death was a person held in care; or

   (iaa) of a person who immediately before death was a patient within the
        meaning of the Mental Health Act 1986 but was not a person held in
        care; or

   (ia) of a person under the control or care of the Secretary to the
        Department of Justice or a member of the police force; or

   (ib) of a person in respect of whom a court has made a non-custodial
        supervision order under section 26 of the Crimes (Mental Impairment
        and Unfitness to be Tried) Act 1997; or

   (j)  of a person whose identity is unknown; or

   (k)  that occurs in Victoria where a notice under section 37(1) of the
        Births, Deaths and Marriages Registration Act 1996 has not been
        signed; or

   (l)  that occurs at a place outside Victoria where the cause of death is
        not certified by a person who, under the law in force in that place,
        is authorised to certify that death;

reviewable death means a death-

   (a)  where the body is in Victoria; or

   (b)  that occurred in Victoria; or

   (c)  the cause of which occurred in Victoria; or

   (d)  of a child who ordinarily resided in Victoria at the time of death-
        being a death of a second or subsequent child of a parent; sibling in
        relation to a child includes a half-brother, half-sister, adoptive
        brother, adoptive sister, step-brother or step-sister of the child;

spouse of a person means a person to whom that person is married;



tissue has the same meaning as in the Human Tissue Act 1982;

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





(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.