Coroners Court Rules 2009

Coroners Court Rules 2009

S.R. No. 131/2009

table of provisions

Rule Page

Order 1—PRELIMINARY 1

PART 1—GENERAL 1

1 Object and title 1

2 Authorising provision 1

3 Commencement 1

PART 2—INTERPRETATION 2

4 Definitions 2

PART 3—MISCELLANEOUS 2

5 Act by corporation 2

6 Seal of the Coroners Court 2

7 Effect of non-compliance 2

8 Dispensing with compliance 3

Order 2—TIME, COURT OFFICE AND DOCUMENTS 4

9 Calculating time 4

10 Extension and abridgement 4

11 Fixing time 4

12 Time for service 5

13 Filing of documents 5

14 Inappropriate documents 5

Order 3—SERVICE 6

15 When personal service necessary 6

16 How personal service is effected 6

17 Service on particular persons 7

18 How ordinary service effected 8

19 Substituted service 8

20 Service of document by the Coroners Court 9

21 Affidavit of service 9

Order 4—REPORTING OF DEATHS 10

22 Obligation to report deaths 10

23 Obligation of registered medical practitioner to report death 11

Order 5—INVESTIGATION OF DEATHS AND FIRES 13

PART 1—INVESTIGATION OF DEATHS 13

24 Determination by coroner that reported death not a reportable death 13

25 Certain reportable deaths do not require investigation 13

26 Reviewable deaths may be referred to the Institute 13

27 State Coroner may investigate a reviewable death without referring the reviewable death to the Institute 13

28 Determination by State Coroner that death not a reviewable
death 14

29 Providing relevant persons with coronial process information 14

30 Preliminary examinations 14

31 Identification direction 15

32 Identification procedure 15

33 Direction for autopsy 16

34 Autopsy report 17

35 Objections to autopsy 17

36 Request for an autopsy 18

37 Removal of tissue and preserving material 19

38 Senior next of kin to be advised of removal of tissue direction 20

PART 2—INVESTIGATION OF FIRES 21

39 Requests for an investigation into a fire 21

PART 3—ASSISTANCE TO CORONER IN INVESTIGATIONS 22

40 Person who made report of death to assist 22

41 Registered medical practitioner to assist 22

42 Person who asks for investigation of fire to assist 22

PART 4—POWERS RELATING TO INVESTIGATION 23

43 Authorising entry, search, inspection and possession 23

44 Application for exhumation 23

45 Suggestions regarding a proposed exhumation 23

46 Authorisation of exhumation 24

PART 5—GENERAL 24

47 Release of body 24

48 Application to coroner for release of body 24

Order 6—INQUESTS INTO DEATHS AND FIRES 25

49 Requests for an inquest 25

50 Decision regarding whether inquest to be held 25

51 Publication of the details of an inquest 25

52 Exclusion from an inquest 26

53 Interested party 26

54 Privilege in respect of self-incrimination 26

55 Warrants for arrest 26

Order 7—SEIZURE 27

56 Storage of seized things 27

57 Access to seized things 27

58 Seized thing no longer required to be held 28

59 Release of seized things 28

Order 8—FINDINGS, RECOMMENDATIONS AND REFERRALS 30

60 Findings of coroner investigating a death 30

61 Findings of coroner investigating a fire 30

62 Findings not required if inquest not held or discontinued 30

63 Reports and recommendations 30

64 Publication of findings and reports 31

65 Reopening of an investigation 32

Order 9—REGISTRARS 33

66 Functions of registrars 33

Order 10—ACCESS TO DOCUMENTS 34

67 Access to documents 34

______

FORMS 35

Form 1—Affidavit of Service 35

Form 2—Determination by Coroner that Reported Death is not a Reportable Death 36

Form 3—Determination that Further Investigation not Warranted 38

Form 4—Direction to refer reviewable death to the Victorian Institute
of Forensic Medicine 39

Form 5—Advice of Non-referral of Reviewable Death to the Victorian Institute of Forensic Medicine 40

Form 6—Determination by Coroner that Reported Death is Not a Reviewable Death 41

Form 7—Identification Direction 43

Form 8—Determination by Coroner of Identity of Deceased 44

Form 9—Direction Regarding Autopsy 45

Form 10—Decision by Coroner Following a Request for Autopsy Direction to be Reconsidered 48

Form 11—Decision by Coroner in Relation to Request for Autopsy 50

Form 12—Advice to Coroner Regarding Preservation of Tissue or Material 52

Form 13—Direction to Preserve Tissue or Material 54

Form 14—Request for Release of Preserved Tissue or Material 55

Form 15—Order to Release Preserved Tissue or Material 57

Form 16—Request to Investigate a Fire 58

Form 17—Determination Following a Request to Investigatea Fire 59

Form 18—Authorisation by Coroner to a Member of the Police Force 60

Form 19—Result of Search 62

Form 20—Application for Exhumation 64

Form 21—Determination Following an Application for Exhumation 66

Form 22—Notice of Intention to Authorise Exhumation 68

Form 23—Authorisation of Exhumation 70

Form 24—Order for Release of Body 72

Form 25—Application for the Release of Body 74

Form 26—Request for Inquest into Death 76

Form 27—Request for Inquest into Fire 78

Form 28—Decision by Coroner whether or not to Hold an Inquest into Death 79

Form 29—Decision by Coroner whether or not to Hold an Inquest into Fire 81

Form 30—Order Excluding a Person or Class of Person from an
Inquest 83

Form 31—Application for Leave to Appear as an Interested Party 84

Form 32—Privilege in Respect of Self Incrimination in Other Proceedings 86

Form 33—Warrant to Arrest 88

Form 34—Application to Access Seized Thing or to have Seized
Thing Released 90

Form 35—Order by Coroner to Access Seized Thing 92

Form 36—Order by Coroner to Release or Destroy SeizedThing 94

Form 37—Finding into Death with Inquest 96

Form 38—Finding into Death without Inquest 98

Form 39—Finding into Fire with Inquest 100

Form 40—Finding into Fire without Inquest 102

Form 41—Notification that Inquest will not be Held or Discontinued 103

Form 42—Suppression Order 104

Form 43—Application to Set Aside Finding 106

Form 44—Order by Coroner to Reopen Investigation 108

Form 45—Application for Access to Coronial Documents/Inquest Transcript 110

═══════════════

statutory rules 2009

S.R. No. 131/2009

Coroners Act 2008

Coroners Court Rules 2009

Order 1

Coroners Court Rules 2009

S.R. No. 131/2009

The State Coroner together with 2 coroners jointly make the following Rules:

Order 1

PRELIMINARY

PART 1—GENERAL

1 Object and title

(1) The object of these Rules is to provide for the practice and procedure of the Coroners Court of Victoria.

(2) These Rules may be cited as the Coroners Court Rules 2009.

2 Authorising provision

These Rules are made under section 105 of the Coroners Act 2008 and all other enabling powers.

3 Commencement

These Rules come into operation on 1 November 2009.

PART 2—INTERPRETATION

4 Definitions

r. 4

(1) In these Rules, unless the context or subject matter otherwise requires—

corporation means any body corporate, whether formed within or out of Victoria;

the Act means the Coroners Act 2008.

(2) Whereby these Rules a form is prescribed for use, that form must be used with any necessary variation or modification.

PART 3—MISCELLANEOUS

5 Act by corporation

If the Coroners Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.

6 Seal of the Coroners Court

Marking a document or a copy of a document with the seal of the Coroners Court is sufficient compliance with any requirements of these Rules or an order of the Coroners Court that the document or copy be sealed.

7 Effect of non-compliance

A failure to comply with these Rules is an irregularity and does not render a nullity—

(a) an inquest; or

(b) a step taken in an inquest; or

(d) any order.

8 Dispensing with compliance

r. 8

The Coroners Court may dispense with compliance with any of the requirements of these Rules—

(a) either before or after the occasion for compliance arises; and

(b) whether or not there has been a failure to comply.

______

Order 2

TIME, COURT OFFICE AND DOCUMENTS

9 Calculating time

r. 9

(1) Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule.

(2) If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event is excluded.

(3) If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event is included.

(4) If a period of 5 days or less would include a day on which an office of the Coroners Court is closed, that day is excluded.

(5) If the last day for doing any act at an office of the Coroners Court is a day on which the office is closed, the act may be done on the next day the office is open.

10 Extension and abridgement

The Coroners Court may extend or abridge any time—

(a) fixed by these Rules; or

(b) by any order fixing, extending or abridging time.

11 Fixing time

If no time is fixed by these Rules or by order for doing any act in an inquest, the Coroners Court may fix a time.

12 Time for service

r. 12

In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, any document which is served after 4.00 p.m. or on any day on which the office of the Coroners Court is closed, is taken to have been served on the next day the office is open.

13 Filing of documents

Except as otherwise provided by these Rules or unless the Coroners Court otherwise orders, a document is filed by its being lodged with a registrar in the office of the Coroners Court.

14 Inappropriate documents

If a document filed with the Coroners Court contains matter which is scandalous, irrelevant or otherwise oppressive, the Coroners Court may order—

(a) that the offending matter be deleted; or

(b) that the document be taken off the file.

______

Order 3

SERVICE

15 When personal service necessary

r. 15

(1) Any document required or permitted to be served may be served personally.

(2) Unless personal service is required by these Rules or by order, a document need not be served personally.

16 How personal service is effected

(1) Personal service of a document is effected—

(a) by leaving a copy of the document—

(i) with the person to be served; or

(ii) if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or

(b) by delivering a copy of the document to the place of residence of the person to be served—

(i) to a person apparently above the age of 16 years who resides at that place; or

(ii) if the place of residence is an hotel, a boarding house or similar establishment, to a person apparently above that age of 16 years who is apparently in charge of the establishment or engaged in the office of the establishment; or

(c) if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business.

(2) To effect personal service it is not necessary to produce the original document at the time of service.

17 Service on particular persons

r. 17

Personal service of a document may be effected by serving the document in accordance with Rule16, in the case of—

(a) a corporation—

(i) on the mayor, chairman, president or other head officer of the corporation; or

(ii) on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or

(iii) if provision is made by or under any Act for service on a corporation, by serving the document in accordance with that provision;

(b) a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom he or she resides or in whose care he or she is;

(i) on the Secretary to the Attorney-General's Department; or

(ii) any person authorised under section 55E(4) of the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor;

(d) the Crown in the right of Victoria or the State of Victoria, on the Victorian Government Solicitor.

18 How ordinary service effected

r. 18

(1) If personal service of a document is not required, the document may be served—

(a) by leaving the document at the address for service of the person to be served; or

(b) by posting the document to the person to be served at that person's address for service; or

(c) if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision.

(2) If a document is sent by post in accordance with subrule (1)(b), the day of service of the document is taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.

19 Substituted service

(1) If for any reason it is impracticable to serve a document in the manner required by these Rules, the Coroners Court may order that such steps be taken as the Coroners Court specifies for the purposes of bringing the document to the notice of the person to be served.

(2) If the Coroners Court makes an order under subrule (1), the Coroners Court may order that the document be taken to have been served—

(a) on the happening of any specified event; or

(b) on the expiry of any specified time.

(3) The Coroners Court may make an order under subrule (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the inquest commenced.

20 Service of document by the Coroners Court

r. 20

Unless the Rules otherwise provide or the Coroners Court otherwise orders, where under these Rules or under an order of the Coroners Court any notice or other document is to be given to, or served on, any person by the Coroners Court, the notice or document shall be sufficiently served by ordinary post.