CORONERS ACT 2008 - SECT 4 Reportable death

CORONERS ACT 2008 - SECT 4

    (1)     In this Act, a death of a person is a "reportable death" if—

        (a)     the body is in Victoria; or

        (b)     the death occurred in Victoria; or

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

        (d)     the person ordinarily resided in Victoria at the time of death—

and the death was a death specified in subsection (2).

S. 4(1A) inserted by No. 48/2018 s. 5.

    (1A)     If a determination is made under section 16(1A), that death is not a reportable death for the purposes of this Act on and from that determination.

    (2)     For the purposes of subsection (1), the deaths are—

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

        (b)     a death that occurs—

              (i)     during a medical procedure; or

              (ii)     following a medical procedure where the death is or may be causally related to the medical procedure—

and a registered medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or

        (c)     the death of a person who immediately before death was a person placed in custody or care; or

S. 4(2)(d) amended by Nos 26/2014 s. 455(Sch. item 5.2), 39/2022 s. 800.

        (d)     the death of a person who immediately before death was a patient within the meaning of the Mental Health and Wellbeing Act 2022 ; or

S. 4(2)(e) amended by No. 37/2014 s. 10(Sch. item 30.2).

        (e)     the death of a person under the control, care or custody of the Secretary to the Department of Justice or a police officer; or

S. 4(2)(f) amended by No. 55/2014 s. 143.

        (f)     the death of a person who is subject to a non‑custodial supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (g)     the death of a person whose identity is unknown; or

        (h)     a death that occurs in Victoria if a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed and is not likely to be signed; or

              (i)     a death that occurs at a place outside Victoria if 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 and the cause of death is not likely to be certified by a person who is authorised to certify in that place; or

        (j)     a death—

              (i)     of a prescribed class of person;

              (ii)     that occurs in prescribed circumstances.

S. 4(3) inserted by No. 61/2017 s. 121.

    (3)     Despite subsection (2), the death of a person who has been administered or self‑administered a voluntary assisted dying substance within the meaning of the  Voluntary Assisted Dying Act   2017 in accordance with that Act is not a reportable death.

Note

1.     Section 14 includes a power for a coroner to investigate whether or not a death is a reportable death. If the death of a person is or may be due to the self-administration or administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 other than in accordance with that Act, the coroner could investigate the death under section 14.

2.     Section 52(1) provides for a coroner to hold an inquest into any death that the coroner is investigating.