Victorian Consolidated Legislation

Coroners Act 1985 - SECT 46

Powers of coroners at an inquest

46. Powers of coroners at an inquest



(1) If a coroner reasonably believes it is necessary for the purposes of an
inquest, the coroner may-

   (a)  summon a person to attend as a witness or to produce any document or
        other materials; and

   (b)  inspect, copy and keep for a reasonable period any thing produced at
        the inquest; and

   (c)  order a witness to answer questions; and

   (d)  order a witness to take an oath or affirmation to answer questions;
        and

   (e)  give any other directions and do anything else the coroner believes
        necessary.

(2) A coroner may be assisted by an Australian lawyer, by the Director of
Public Prosecutions if the Director wishes to assist or by such other persons
as the coroner determines.



(3) A person must obey a summons, order or direction under subsection (1).

Penalty: 10 penalty units or imprisonment for three months.

(4) If a person to whom a summons is issued does not appear, the coroner may
issue a warrant to apprehend the person.

(5) If a person is apprehended under a warrant issued under subsection (4),
the coroner may-

   (a)  commit the person to prison until the inquest or the further hearing
        of the inquest; or

   (b)  discharge the person on the person entering into a recognizance, for a
        reasonable amount, with or without sureties-

   (i)  to appear at the inquest or the further hearing of the inquest; and

   (ii) if the person was summoned to produce documents or other materials, to
        produce all documents or other materials mentioned in the summons or
        warrant that are in the person's possession or control.