CORONERS ACT 2008 - SECT 52 Inquest into a death
CORONERS ACT 2008 - SECT 52
Inquest into a death(1) A coroner may hold an inquest into any death that the coroner is investigating.
S. 52(2) amended by No. 62/2014 s. 64(1).
(2) Subject to subsections (3) and (3A), a coroner must hold an inquest into a death if the death or cause of death occurred in Victoria and—
(a) the coroner suspects the death was the result of homicide; or
(b) the deceased was, immediately before death, a person placed in custody or care; or
(c) the identity of the deceased is unknown; or
(d) the death occurred in prescribed circumstances.
(3) The coroner is not required to hold an inquest in the circumstances set out in subsection (2) if—
(a) the coroner believes the death probably occurred more than 50 years before the death was reported to the coroner; or
(b) a person has been charged with an indictable offence in respect of the death being investigated by the coroner; or
(c) an interstate coroner has investigated, is investigating, or intends to investigate, the death; or
(d) the death occurred outside Australia.
S. 52(3A) inserted by No. 62/2014 s. 64(2).
(3A) The coroner is not required to hold an inquest in the circumstances set out in subsection (2)(b) if the coroner considers that the death was due to natural causes.
S. 52(3B) inserted by No. 62/2014 s. 64(2).
(3B) For the purposes of subsection (3A), a death may be considered to be due to natural causes if the coroner has received a report from a medical investigator, in accordance with the rules, that includes an opinion that the death was due to natural causes.
S. 52(4) amended by No. 62/2014 s. 64(3).
(4) The circumstances set out in subsections (3) and (3A) do not limit the powers of a coroner to hold, adjourn or recommence an inquest .
(5) A person may request a coroner to hold an inquest into any death that the coroner is investigating.
(6) Within 3 months of receiving a request under subsection (5), the coroner must, in writing, advise the person who made the request that the coroner has—
(a) decided to hold an inquest; or
(b) decided that an inquest will not be held; or
(c) not made a decision as to whether or not an inquest will be held and that the coroner will advise the person of the decision when the decision has been made.