CORONERS ACT 2008 - SCHEDULE 1
CORONERS ACT 2008 - SCHEDULE 1
Schedule 1—Saving and transitional provisions
Section 119
1 Definitions
In this Schedule—
"commencement day" means 1 November 2009;
new Act means the Coroners Act 2008 ;
"old Act" means the Coroners Act 1985 as in force on 31 October 2009.
2 General transitional provisions
(1) This Schedule does not affect or take away
from the Interpretation of Legislation Act 1984 .
(2) Without limiting subclause (1), in declaring
that certain provisions of the new Act are to be treated as re-enacting
with modifications certain provisions of the old Act, this Schedule must not
be taken to limit the operation of any provision of the
Interpretation of Legislation Act 1984 relating to the re-enactment.
(3) This Schedule applies despite anything to the
contrary in any other provision of the new Act.
3 Superseded reference
(1) On and from the commencement day, a reference
to the old Act in any Act or in any instrument made under any Act or in any
other document of any kind, must be read as a reference to the new Act
unless—
(a) the reference is to Part 9 of
the old Act; or
(b) the context otherwise requires.
(2) On and from the commencement day, a reference
to Part 9 of the old Act in any Act, or in any instrument made under any Act
or in any other document of any kind, must be read as a reference to the
Victorian Institute of Forensic Medicine Act 1985 .
(3) In this clause, a reference to "any Act" does
not include a reference to this Act or a provision of the Coroners Act 1985
continued by this Act.
4 Re-enacted provisions
A provision or provisions of the old Act specified in Column 1 of the Table
are deemed to be re‑enacted (with modifications) by the provision or
provisions of the new Act appearing opposite in Column 2 of the Table.
5 Preliminary examinations
A medical investigator may perform a preliminary examination under the new Act
on a body that was provided to the medical investigator under the old Act
before the commencement day to enable an examination of the body to be
performed.
6 Directions made under old Act
On and from the commencement day, directions made by—
(a) the Attorney-General under
sections 17(1), 25(2), 31(2) and 34 of the old Act; or
Sch. 1 cl. 6(b) amended by No. 34/2010 s. 6(d).
(b) the State Coroner under the
sections 15A, 16, 17(1), 24, 33 or 34(2) of the old Act—
cease to have effect unless clause 7 applies.
7 Inquest commenced under old Act
(1) Subject to clause 10, if the hearing of an
inquest has begun under the old Act and the inquest is not completed
before the commencement day, the old Act continues to apply on and from
the commencement day to the inquest.
(2) Despite subclause (1), the findings of an
inquest completed under that subclause are deemed to be findings made under
section 67 or 68 (as appropriate) of the new Act.
(3) If, on and from the commencement day, an
inquest is to proceed under this clause as if the new Act has not commenced,
the old Act is to be read as follows—
(a) a reference to a coroners clerk
is to be read as a reference to a registrar within the meaning of the new Act;
(b) a reference to a coroner is to
be read as a reference to a coroner within the meaning of the new Act;
(c) a reference to the State Coroner
is to be read as a reference to the State Coroner within the meaning of the
new Act;
(d) a reference to the
Deputy State Coroner is to be read as a reference to the Deputy State Coroner
within the meaning of the new Act.
8 Applications commenced under old
Act
(1) Subject to clause 10, if a hearing of an
application to the Supreme Court has begun under section 18, 28, 29, 30, 35,
59 or 59B of the old Act and the application is not completed before the
commencement day, the old Act continues to apply on and from the commencement
day to the application.
(2) Despite subclause (1), the determination of
the application by the Supreme Court under that subclause is deemed to be a
determination of the Supreme Court under section 87 of the new Act.
9 Documents
(1) Documents held by the State Coroner's Office
immediately before the commencement day are, on and from the commencement day,
deemed to be documents held by the Coroners Court.
(2) Documents on a coroner's file or record
(within the meaning of section 51 of the old Act) immediately before the
commencement day are, on and from the commencement day, deemed to be held by
the Coroners Court.
(3) Any other documents held by a coroner
immediately before the commencement day are, on and from the commencement day,
deemed to be documents held by the Coroners Court.
(4) This clause does not apply to documents
relating to—
(a) an inquest being heard under
clause 7; or
(b) an application being heard under
clause 8—
until the inquest is completed or the application is determined.
10 Release of documents on coroner's
existing file to be subject to new Act
Despite clauses 7 and 8, on and from the commencement day, documents on a
coroner's file or record within the meaning of section 51 of the old Act may
only be released in accordance with—
(a) the new Act; or
(b) a law other than section 51 of
the old Act.
11 Release of body
A certificate issued by a coroner under section 23 of the old Act is, on and
from the commencement day, taken to be an order made by a coroner under
section 47 of the new Act.
12 Objections to autopsy
On and from the commencement day—
(a) a request under section 29(1) of
the old Act is taken to be a request under section 26(2) of the new Act;
(b) a notice under section 29(1) of
the old Act is taken to be a notice under section 26(3) of the new Act.
13 Exhumations
Subject to clause 8, on and from the commencement day, an order made under
section 30 of the old Act is taken to be an authorisation under section
46 of the new Act.
14 Return and possession of things
On and from the commencement day, section 114 of the new Act applies to any
thing taken into possession under section 26 of the old Act and still in the
possession of a coroner immediately before the commencement day.
15 State Coroner and
Deputy State Coroner
(1) A judge of the County Court who held the
office of State Coroner immediately before the commencement day—
(a) holds, on and from the
commencement day, the office of State Coroner under the new Act on the same
terms and conditions as those specified in his or her instrument of
appointment referred to in section 9 of the old Act; and
(b) is, on and from the
commencement day, deemed to have taken an oath of office under section 95 of
the new Act.
(2) A magistrate who held the office of
Deputy State Coroner immediately before the commencement day—
(a) holds, on and from the
commencement day, the office of Deputy State Coroner under the new Act on the
same terms and conditions as those specified in his or her instrument of
appointment referred to in section 9 of the old Act; and
(b) is, on and from the
commencement day, deemed to have taken an oath of office under section 95 of
the new Act.
16 Coroners
(1) Any person who was a magistrate or acting
magistrate and who held the office of coroner immediately before the
commencement day is, on and from the commencement day, deemed—
(a) to be a coroner jointly assigned
by the State Coroner and Chief Magistrate under section 93 of the new
Act; and
Sch. 1 cl. 16(1)(b) amended by No. 6/2018 s. 68(Sch. 2
item 30.4).
(b) to have taken an oath or
affirmation of office under section 95 of the new Act.
(2) Any person who was not a magistrate or acting
magistrate and held the office of coroner immediately before commencement day
is, on and from the commencement day, deemed—
(a) to be a coroner within the
meaning of this Act; and
(b) to hold the office of coroner on
the same terms and conditions as those specified in his or her instrument of
appointment referred to in section 9 of the old Act as if the new Act had not
commenced; and
Sch. 1 cl. 16(2)(c) amended by No. 6/2018 s. 68(Sch. 2
item 30.4).
(c) to have taken an oath or
affirmation of office under section 95 of the new Act.
17 Depositions
For the purposes of section 55AB of the Evidence Act 1958 , any deposition
taken by a coroner under section 15 of the Coroners Act 1958 or section 57 of
the old Act is, on and from the commencement day, taken to be a deposition
taken by a coroner under section 63 of the new Act.
18 Consultative Council on Obstetric
and Paediatric Mortality and Morbidity
If section 44 of the Public Health and Wellbeing Act 2008 is not in
operation on the commencement day, section 49 of this Act applies until the
commencement of that section 44 as if—
(a) a reference to the
Public Health and Wellbeing Act 2008 were a reference to the Health Act 1958 ;
and
(b) a reference to
section 46(3) of the Public Health and Wellbeing Act 2008 were a reference to
section 162F(1)(a) of the Health Act 1958 .
19 Regulations dealing with
transitional matters
The Governor in Council may make regulations in relation to any matters of a
savings or transitional nature that may arise out of the enactment of this Act
or amendments made by this Act.
Sch. 1 cl. 20 inserted by No. 69/2009 s. 54(Sch. Pt 1
item 11.6).
20 Transitional
provisions—Statute Law Amendment (Evidence Consequential Provisions) Act
2009
(1) If an investigation or inquest has commenced
but is not completed immediately before the commencement of the Statute
Law Amendment (Evidence Consequential Provisions) Act 2009 —
(a) this Act as in force immediately
before that commencement continues to apply to the investigation or inquest on
and after that commencement and a reference to a provision of the
Evidence Act 1958 is a reference to that provision as in force immediately
before that commencement; and
(b) the Evidence (Crown Witnesses
Allowances and Expenses) Regulations 2004, as in force before the repeal of
section 152(1)(c) of the Evidence Act 1958 , continue to apply to the
investigation or inquest.
(2) If the hearing of an inquest referred to in
clause 7(1) or the hearing of an application referred to in clause 8(1)
is not completed immediately before the commencement of the Statute Law
Amendment (Evidence Consequential Provisions) Act 2009 —
(a) the old Act as in force
immediately before that commencement continues to apply to the hearing of the
inquest or application on and after that commencement and a reference to a
provision of the Evidence Act 1958 is a reference to that provision as in
force immediately before that commencement; and
(b) the Evidence (Crown Witnesses
Allowances and Expenses) Regulations 2004, as in force before the repeal of
section 152(1)(c) of the Evidence Act 1958 , continue to apply to the inquest
or application.
Sch. 1 cl. 21 inserted by No. 52/2012 s. 13.
21 Transitional
provisions—Evidence Amendment (Journalist Privilege) Act 2012
(1) If an investigation has commenced but is not
completed immediately before the commencement of section 11 of the 2012 Act,
the amendment made to this Act by that section applies to the investigation on
and from that commencement.
(2) If the hearing of an inquest has commenced
but
is not completed immediately before the commencement of section 12 of the 2012
Act, this Act applies to the hearing of the inquest on and from that
commencement as if the amendment made by that section were not in force.
(3) If an investigation is re-opened under
section 77(2) after the commencement of sections 11 and 12 of
the 2012 Act, and there has previously been an inquest in relation to the
investigation to which section 58 as substituted by section 12 of the
2012 Act did not apply, this Act applies to the re‑opened investigation
as if sections 11 and 12 of the 2012 Act were not in force.
(4) In this clause, 2012 Act means the Evidence
Amendment (Journalist Privilege) Act 2012 .
Sch. 1 cl. 22 inserted by No. 58/2013 s. 42.
22 Savings—
Open Courts Act 2013
(1) Despite the repeal of section 55(2)(d) by the
Open Courts Act 2013 , an order made under section 55(2)(d) (as in
force immediately before its repeal) and in force at the date of that repeal
continues to apply on and after that repeal.
(2) Despite the repeal of section 73(2) and (3) by
the Open Courts Act 2013 , section 73(2) and (3) (as in force
immediately before their repeal) continue to apply on and after that repeal in
relation to a proceeding commenced to be heard (but not determined) by
the Coroners Court before that repeal.
Sch. 1 cl. 23 inserted by No. 48/2018 s. 14.
23 Transitional
provisions—Justice Legislation Miscellaneous Amendment Act 2018
(1) Sections 4, 16, 17 and 78, as amended by the
Justice Legislation Miscellaneous Amendment Act 2018 , apply irrespective
of when the death to which those sections apply occurred or was reported
to a coroner.
(2) Section 76A applies to any decision, whether
the decision was made before, on or after the commencement of that
section.
(3) Section 77, as amended by the Justice
Legislation Miscellaneous Amendment Act 2018 , applies to an application
made under that section to the Coroners Court—
(a) on and after the commencement of
section 9 of that Act; and
(b) before the commencement of
section 9 of that Act if the application has not been determined by
the Coroners Court before that commencement.
(4) Section 84(2), as amended by the Justice
Legislation Miscellaneous Amendment Act 2018 , applies to an appeal
against a refusal to re-open an investigation under section 77,
whether the refusal was made before, on or after the commencement of
that amendment.
Sch. 2 repealed by No. 77/2008 s. 130.
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