Victorian Consolidated Legislation

Coroners Act 1985 - SECT 35

Application for an inquest into a fire

35. Application for an inquest into a fire



(1) If a person asks a coroner to hold an inquest into a fire which a coroner
has jurisdiction to investigate, the coroner may-

   (a)  hold an inquest or ask another coroner to do so; or

   (b)  refuse the request and give reasons in writing for the refusal to the
        person and to the State Coroner within a reasonable time after
        receiving the request.

(2) If, after the expiry of 3 months from the date a person requests a coroner
to hold an inquest into a fire, the coroner has not-

   (a)  agreed to hold the inquest or asked another coroner to do so; or

   (b)  refused the request and given his or her reasons in writing to the
        person and the State Coroner-

the person may apply to the Supreme Court for an order that an inquest be
held.

(3) The Supreme Court may make an order that an inquest be held if it is
satisfied that it is necessary or desirable in the interests of justice.