Coroners Court (Amendment No. 1) Rules 2011FILE/11-117sr.docx · Web viewCoroners Court (Amendment No. 1) Rules 2011. S.R ... to $300 per hour but not exceeding $1500 per day for

Coroners Court (Amendment No. 1) Rules 2011S.R. No. 117/2011

TABLE OF PROVISIONSRule Page

1 Objective 12 Authorising provisions 13 Commencement 14 Principal Rules 15 Seal of the Coroners Court 16 New Rule 15A inserted 2

15A Summons must be served personally 27 Service of document by the Coroners Court 28 Affidavit of service 29 Determination by coroner that reported death not a reportable

death 210 Determination by State Coroner that death not a reviewable

death 211 Preliminary examinations 312 Identification procedure 313 Direction for autopsy 314 Senior next of kin to be advised of removal of tissue direction 315 Application to coroner for release of body 316 Publication of the details of an inquest 317 Interested party 318 Findings of coroner investigating a death 319 Findings of coroner investigating a fire 420 Findings not required if inquest not held or discontinued 421 New rule 62A inserted 4

62A Suppression of findings by coroner 422 Publication of findings and reports 423 New rule 64A inserted 5

64A Publication of determination, ruling or order 524 New Order 9A inserted 5

ORDER 9A—Allowances and Reimbursement of Expenses 5

66A Attendance expenses for expert witnesses 566B Allowances and expenses of witnesses other than

expert witnesses 666C Meals 666D Accommodation 7

1

66E Travelling 866F Evidence of expenses etc. to be produced 8

25 Forms 1 to 45 substituted 9

Form 1—Affidavit of Service 9

Form 2—Determination by Coroner that Reported Death is not a Reportable Death 11

Form 2A—Determination to Discontinue the Investigation 13

Form 3—Determination that Reportable Death does not require Further Investigation 15

Form 4—Direction to Refer Reviewable Death to the Victorian Institute of Forensic Medicine 17

Form 5—Advice of Non-Referral of Reviewable Death to the Victorian Institute of Forensic Medicine 18

Form 6—Determination by Coroner that Reported Death is not a Reviewable Death 19

Form 7—Identification Direction 21

Form 8—Determination by Coroner of Identity of Deceased 22

Form 9—Direction Regarding Autopsy 24

Form 10—Determination by Coroner Following a Request for Autopsy Direction to be Reconsidered 28

Form 11—Decision by Coroner in Relation to Request For Autopsy 31

Form 12—Advice to Coroner Regarding Preservation of Tissue or Material 32

Form 13—Direction to Preserve Tissue or Material 33

Form 14—Request for Release of Preserved Tissue or Material 35

Form 15—Order to Release Preserved Tissue or Material 37

Form 16—Request to Investigate a Fire 38

Form 17—Determination Following a Request to Investigate a Fire 39

Form 18—Authorisation by Coroner to a Member of the Police Force 40

Form 19—Result of Search 43

Form 20—Application for Exhumation 45

Form 21—Determination to Refuse an Application for Exhumation 47

Form 22—Notice of Intention to Authorise Exhumation 49

Form 23—Authorisation of Exhumation 51

Form 24—Order for Release of Body 53

Form 25—Application for the Release of Body 55

Form 26—Request for Inquest into Death 57

Form 27—Request for Inquest into Fire 58

Form 28—Decision by Coroner Whether or not to Hold an Inquest into Death 59

Form 29—Decision by Coroner Whether or not to Hold an Inquest into Fire 61

Form 30—Order Excluding a Person or Class of Person From an Inquest 62

Form 31—Application for Leave to Appear as an Interested Party 63

Form 32—Privilege in Respect of Self Incrimination in other Proceedings 65

Form 33—Warrant to Arrest 67

Form 34—Application to Access or Have Released Seized or Received Thing 69

Form 35—Order by Coroner to Access Seized or Received Thing 71

Form 36—Order by Coroner to Release or Destroy Seized or Received Thing 73

Form 37—Finding into Death With Inquest 75

Form 38—Finding into Death Without Inquest 77

Form 39—Finding into Fire With Inquest 79

Form 40—Finding into Fire Without Inquest 81

Form 41—Determination that Inquest will not be Held or will be Discontinued 82

Form 42—Suppression Order 83

Form 43—Application to Set Aside Finding 85

Form 44—Determination Following Application to Set Aside Finding 87

Form 45—Application for Access to Coronial Documents/Inquest Transcript 89

═══════════════ENDNOTES 92

STATUTORY RULES 2011

S.R. No. 117/2011

Coroners Act 2008

Coroners Court (Amendment No. 1) Rules 2011

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

1 Objective

The object of these Rules is to amend the Coroners Court Rules 2009 to make miscellaneous amendments.

2 Authorising provisions

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 31 October 2011.

4 Principal Rules

In these Rules the Coroners Court Rules 20091 are called the Principal Rules.

5 Seal of the Coroners Court

At the end of Rule 6 of the Principal Rules insert—

"(2) Any order or finding made by a coroner must bear the seal of the Coroners Court.".

1

6 New Rule 15A inserted

After Rule 15 of the Principal Rules insert—

"15A Summons must be served personally

Unless the Rules otherwise provide or the Coroners Court otherwise orders a summons must be served personally.".

7 Service of document by the Coroners Court

In Rule 20 of the Principal Rules—

(a) for "any notice or other" substitute "a";

(b) for "the notice or" substitute "the".

8 Affidavit of service

In Rule 21(3) of the Principal Rules, for "a document or summons" substitute "a summons or any other document".

9 Determination by coroner that reported death not a reportable death

(1) In Rule 24 of the Principal Rules, for "section 16" substitute "section 16(1)".

(2) At the end of Rule 24 of the Principal Rules insert—

"(2) A determination made by a coroner under section 16(5) of the Act must be in Form 2A.".

10 Determination by State Coroner that death not a reviewable death

In Rule 28 of the Principal Rules, for "section 19" substitute "section 20".

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11 Preliminary examinations

(1) In Rule 30(1) of the Principal Rules, for "section 23" substitute "section 23(2)".

(2) In Rule 30(3) of the Principal Rules, for "A report" substitute "Unless a coroner otherwise orders, a report".

12 Identification procedure

In Rule 32(1) of the Principal Rules, after "a body" insert "under section 24".

13 Direction for autopsy

For Rule 33(2) of the Principal Rules substitute—

"(2) Notification of the direction for an autopsy must be provided to a medical investigator, in electronic form, as soon as practicable.".

14 Senior next of kin to be advised of removal of tissue direction

In Rule 38(2)(e)(ii) of the Principal Rules, for "may" substitute "must".

15 Application to coroner for release of body

In Rule 48 of the Principal Rules, for "section 48" substitute "section 48(2)".

16 Publication of the details of an inquest

In Rule 51(1) of the Principal Rules, after "must" insert ", under section 61 of the Act,".

17 Interested party

In Rule 53(1) of the Principal Rules, for "A" substitute "Under section 56 of the Act, a".

18 Findings of coroner investigating a death

In Rule 60 of the Principal Rules, for "The" (wherever occurring) substitute "Under section 67 of the Act, the".

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19 Findings of coroner investigating a fire

In Rule 61 of the Principal Rules, for "The" (wherever occurring) substitute "Under section 68, the".

20 Findings not required if inquest not held or discontinued

(1) For Rule 62(1) of the Principal Rules substitute—

"(1) If, under section 71 of the Act, a coroner is not required to make any of the findings specified in section 67(1) of the Act in respect of a death, the coroner must complete a determination.".

(2) In Rule 62(2) of the Principal Rules, for "notification" substitute "determination".

21 New rule 62A inserted


"62A Suppression of findings by coroner

(1) A coroner may by order suppress a finding in whole or in part in respect of a death or a fire.

(2) An order made under subrule (1) may be by the coroner's own motion or by request of a person.

(3) An order made under subrule (1) may be published on the website of the Coroners Court as soon as possible.".

22 Publication of findings and reports

(1) In Rule 64(1) of the Principal Rules, for "73(2)" substitute "73(1)".

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(2) After Rule 64(2) of the Principal Rules insert—

"(3) Unless otherwise ordered by a coroner, the findings, comments and recommendations made by a coroner in respect of a death or a fire in respect of which an inquest has not been held may be published on the website of the Coroners Court as soon as practicable.".

23 New rule 64A inserted


"64A Publication of determination, ruling or order

Without limiting any power of the Coroners Court, a coroner may order that a determination, ruling or order made by the coroner be published on the website of the Coroners Court as soon as practicable.".

24 New Order 9A inserted

After Order 9 of the Principal Rules insert—

"ORDER 9A

ALLOWANCES AND REIMBURSEMENT OF EXPENSES

66A Attendance expenses for expert witnesses

Unless a coroner otherwise orders, a witness who is called to give evidence at the Coroners Court in a professional or expert capacity is entitled to an amount of up to $300 per hour but not exceeding $1500 per day for loss of income in attending the Court.

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66B Allowances and expenses of witnesses other than expert witnesses

(1) This rule applies to a witness who is called to give evidence at the Coroners Court other than in a professional or expert capacity.

(2) If the witness is engaged in an income producing vocation and loses income because of his or her attendance at the Coroners Court, the witness is entitled to an amount of up to $100 per hour, not exceeding $601 per day, for the time spent in attendance at the Court.

(3) If the witness incurs childcare expenses because of his or her attendance at the Coroners Court the witness is entitled to those reasonable childcare expenses incurred.

66C Meals

(1) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 1 for meals during his or her absence if the witness is absent from his or her home overnight.

Table 1Capital City Any other location

Breakfast $17.70 $15.75

Lunch $19.75 $18.05

Dinner $34.05 $31.15

Total $71.50 $64.95

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(2) A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home by reason of the attendance at Court is entitled to the following allowances set out in Table 2 for meals during his or her absence if the witness is absent for a part of a day only, departing and returning the same day.

Table 2Breakfast $12.40

Lunch $12.40

Dinner $16.50

Total $41.30

(3) Despite subrule (1) or (2), a witness is only entitled to an allowance—

(a) for breakfast, if he or she is absent from his or her home between 7.00 a.m. and 9.30 a.m.;

(b) for lunch, if he or she is absent from his or her home between 12.00 p.m. and 3.00 p.m.;

(c) for dinner, if he or she is absent from his or her home between 5.00 p.m. and 7.00 p.m.

66D Accommodation

A witness who is called to give evidence at the Coroners Court and who is necessarily absent from his or her home overnight because of his or her attendance at the Court is entitled to the cost incurred by him or her of alternative accommodation up to a maximum of $150.00 for each night of his or her absence.

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66E Travelling

(1) A witness who is called to give evidence at the Coroners Court is entitled to be reimbursed in respect of the expense of travelling to and from the Court equal to the cost of the most economical form of transport having regard to the total expense of attending the Court.

(2) For the purposes of subrule (1), if the witness uses his or her own vehicle, he or she is entitled to a reimbursement of 18 cents for each kilometre travelled to or from the Court.

66F Evidence of expenses etc. to be produced

The Principal Registrar must not approve the payment of an amount to a witness under the Rules unless satisfactory evidence of the following is produced to the Principal Registrar—

(a) in the case of rule 66B(2), evidence that as a result of attending the Coroners Court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation;

(b) in the case of rule 66B(3), evidence that as a result of attending the Coroners Court the witness has incurred reasonable childcare expenses;

(c) in the case of rule 66C, evidence that the witness was absent from his or her home by reason of attendance at the Coroners Court at the relevant times;

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(d) in the case of rule 66D, evidence of the expenditure or cost incurred by the witness;

(e) in the case of rule 66E(1), evidence of the costs of the most economical form of transport.

__________________".

25 Forms 1 to 45 substituted

For Forms 1 to 45 of the Principal Rules substitute—

"FORM 1

Rule 21

IN THE CORONERS COURT

OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AFFIDAVIT OF SERVICE

Form 1 Rule 21

Section 55(2)(a) of the Coroners Act 2008

In the matter of the investigation into the *death of/*fire at [name of deceased/location of fire]

I, [full name], [occupation] of [address], *make oath and say/*affirm that I served [name of person served] with the following document(s):

[describe the document(s) served]

*by leaving it with *him/*her personally at [address]

*by delivering it to *his/*her place of residence to [name] a person apparently over the age of 16 years and residing there at [address]

*by delivering it to *his/*her place of residence to [name] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business

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*by posting it by prepaid ordinary post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address] *by leaving it at [address]/*by sending it by post to the registered office of that corporation at [address]

*by posting it by registered post at [address] in an envelope addressed to *him/*her at *his/*her address for service at [address]/*by giving to [name] at [address]

*by sending it by registered post to the registered office of [Minister, public statutory authority, entity] at [address]

on [day of week], the day of 20 at *a.m./p.m.

*Sworn/*Affirmed at[place]in the State of Victoria on [date]Before

üïýïþ

[Signed by person]

authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.

[Name and address in legible writing, typing or stamp]

*Delete if inapplicable

__________________

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FORM 2

Rule 24(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REPORTABLE

DEATH

Form 2 Rule 24(1)

Section 16(1) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of:

Details of deceased:Surname:

Given names:

*Date of Birth/*Age:

Death occurred *on or about/*on/*between:

Place of death:

reported by—

Details of reporting person:Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

determine the death is not a reportable death pursuant to the Coroners Act 2008 because:

Reason(s) for decision:

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Accordingly under section 16(3) of the Coroners Act 2008, I discontinue the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 78 of the Coroners Act 2008, an appeal can be made to the Supreme Court of Victoria within 3 months after the day on which the determination of the coroner is made.


__________________

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FORM 2A

Rule 24(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION TO DISCONTINUE THE INVESTIGATION

Form 2A Rule 24(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:

Details of deceased:Surname:

Given names:



Place of death:

reported by—

Details of reporting person:Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

am satisfied on the basis of the following material(s) available to me in this investigation:

[list materials]

that the death probably occurred more than 100 years before the [date death was reported to the Coroners Court].

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Accordingly pursuant to section 16(5) of the Coroners Act 2008, I am discontinuing the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 3

Rule 25


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION THAT REPORTABLE DEATH DOES NOT REQUIRE FURTHER INVESTIGATION

Form 3 Rule 25

Section 17 of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the death of [given names] [surname]

without holding an inquest—

Find that the identity of the deceased was:Surname:

Given names:

Date of *Birth*Age

Death occurred *on or about/*on/*between

Place of death:

Cause of death: 1(a)

1(b)

1(c)

2

and pursuant to section 17 of the Coroners Act 2008, having considered the report of a medical investigator that contains an opinion that this death was due to natural causes determine that no further investigation is required.

*I direct a copy of this finding be provided to the following:

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Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 4

Rule 26


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION TO REFER REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF FORENSIC

MEDICINE

Form 4 Rule 26


I, [name], *State Coroner/*Deputy State Coroner/*Coroner direct that:

Details of deceased:

Surname:

Given names:

*Date of Birth/*Age (if known):

be referred to the Victorian Institute of Forensic Medicine.

Under section 18 of the Coroners Act 2008, information held by the Coroners Court is to be given by the Principal Registrar to the Institute as I consider it necessary to enable the Institute to perform its functions under the Victorian Institute of Forensic Medicine Act 1985.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 5

Rule 27


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ADVICE OF NON-REFERRAL OF REVIEWABLE DEATH TO THE VICTORIAN INSTITUTE OF

FORENSIC MEDICINE

Form 5 Rule 27


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the death of:


Surname:

Given names:


which is or may be a reviewable death, do not intend to refer this death to the Victorian Institute of Forensic Medicine.

I direct that a copy of this direction be provided to the Institute under section 19(2) of the Coroners Act 2008.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 6

Rule 28


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER THAT REPORTED DEATH IS NOT A REVIEWABLE

DEATH

Form 6 Rule 28




Surname:

Given names:



Place of death:

reported by—

Details of reporting person:

Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:

*Organisation:

*Position:

determine the death is not a reviewable death pursuant to the Coroners Act 2008 because:

Reason(s) for decision:

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Accordingly—

Under section 20(3) of the Coroners Act 2008, I discontinue the investigation into the death.

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 7

Rule 31


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

IDENTIFICATION DIRECTION

Form 7 Rule 31


To [name of medical investigator],

I, [name] *State Coroner/*Deputy State Coroner/*Coroner investigating the death of:

Believed to be [name]

direct that you assess and perform the appropriate identification procedure(s) on the deceased:

[insert procedures]

and as soon as practicable after completion of the identification procedure, prepare and deliver the identification report to the Coroner.

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

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FORM 8

Rule 32


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER OF IDENTITY OF DECEASED

Form 8 Rule 32


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having considered the following information available to me at this time:

*Police report of death (*Police Form 83/*Police Form 47)

*Report of Medical Investigator

*Hospital/Clinical Records

*Fingerprint report

*Medical Certificate of Cause of Death

*Initial Family Contact Form

*Other: [please specify]

Determine that the identity of the deceased is:

Surname:

Given names:


For the following reasons:

[insert reasons]

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Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

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FORM 9

Rule 33


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION REGARDING AUTOPSY

Form 9 Rule 33




Surname:

Given names:


having taken into account the following information available to me at this time:

*Police report of death (*Police Form 83/*Police Form 47)

*Statement of Identification

*Preliminary Examination Report

*Medical Deposition

*Hospital/Clinical Records

*Medical Certificate of Cause of Death

*Initial Family Contact Form

*Other: [please specify]

and having noted:

*the following specific concerns raised by the senior next of kin prior to making this direction: [please specify]

*it has not been practicable to consider the specific concerns of the senior next of kin because the senior next of kin cannot be located.

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*that the person making the request for an autopsy direction is the senior next of kin.

*that the person making the request for an autopsy direction is not the senior next of kin, and it is not appropriate to notify the senior next of kin.

direct that the medical investigator:

*perform an autopsy

OR

*perform an autopsy with the following conditions: [specify conditions]

*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of notification to the senior next of kin.

OR

*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(i) of the Coroners Act 2008 because it is believed appropriate in the circumstances.

OR

*perform an autopsy immediately without giving notice to the senior next of kin pursuant to section 26(5)(a)(ii) of the Coroners Act 2008 because there is no senior next of kin or the next of kin cannot be located.

OR

*pursuant to section 26(5)(b) of the Coroners Act 2008, having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, direct that the autopsy be performed forthwith.

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OR

*not perform an autopsy, as it is my opinion that a reasonable medical cause of death can be established as being:

1(a)

1(b)

1(c)

2

*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:

*Nil Toxicology

*Full Routine Toxicology (*Ante Mortem/*Post Mortem)

*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)

*Microbiology (*Ante Mortem/*Post Mortem)

*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)

*Other [please specify] (*Ante Mortem/*Post Mortem)

*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages

Signature:

_______________________________________

Coroner's name:

Date:

Time:

NOTE: Under section 26 of the Coroners Act 2008, within 48 hours from receiving notice, the senior next of kin of the deceased person may ask the Coroner to reconsider the direction that an autopsy be performed.

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A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:

(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or

(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.

Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.


__________________

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FORM 10

Rule 35


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION BY CORONER FOLLOWING A REQUEST FOR AUTOPSY DIRECTION TO BE

RECONSIDERED

Form 10 Rule 35



Surname:

Given names:


having been asked by the senior next of kin to reconsider the direction that an autopsy be performed pursuant to section 26(2) of the Coroners Act 2008 and taken into account their specific concerns, being:

[please specify]

hereby:

*determine that an autopsy is not necessary

*determine that an autopsy is necessary

*determine that an autopsy is necessary but impose the following conditions:[please specify]

*order that an autopsy not be performed, as it is my opinion that a reasonable medical cause of death can be established as being:

1(a)

1(b)

1(c)

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2

for the following reasons:[specify reasons]

*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act 2008 and Rule 10 direct that the calculation of the 48 hours as required by section 26(2) of that Act commence at the time of written notification to the senior next of kin.

*AND pursuant to section 25(3)(b) of the Coroners Act 2008, having consulted with and sought advice from the medical investigator, I direct that the following test(s) be performed or material(s) be removed from the body:

*Nil Toxicology

*Full Routine Toxicology (*Ante Mortem/*Post Mortem)

*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)

*Microbiology (*Ante Mortem/*Post Mortem)

*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)

*Other [please specify] (*Ante Mortem/*Post Mortem)

*AND pursuant to section 26(5)(b), having received written advice from the senior next of kin that they will not appeal to the Supreme Court against the direction that an autopsy be performed, I direct that the autopsy be performed.

*AND I request that the medical cause of death be registered with the Registry of Births, Deaths and Marriages

Signature:

_______________________________________

Coroner's name:

Date:

Time:

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NOTE: A direction for autopsy does not take effect until 48 hours after the required notice has been given to the senior next of kin, unless:

(1) it is not necessary to give notice if the Coroner believes it is appropriate in the circumstances; or there is no senior next of kin or the next of kin cannot be located; or

(2) the senior next of kin advises the Coroner that he or she will not appeal to the Supreme Court of Victoria against the direction that an autopsy be performed.

Under section 79 of the Coroners Act 2008, the senior next of kin may appeal a direction that an autopsy be performed (with or without conditions) to the Supreme Court of Victoria, before the direction takes effect.


__________________

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FORM 11

Rule 36


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER IN RELATION TO REQUEST FOR AUTOPSY

Form 11 Rule 36


Notice to [name of applicant],

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request for autopsy from [name of applicant] in respect of the death of:


Surname:

Given names:


have decided not to order an autopsy for the following reasons:

[specify reasons]

Signature:

_______________________________________

Coroner's name:

Date:

Time:

NOTE: Under section 79 of the Coroners Act 2008, if a decision is made to refuse the request, the senior next of kin or the person who requested the autopsy may appeal to the Supreme Court of Victoria within 48 hours after the person receives notice of the refusal.

*Delete if inapplicable__________________

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32

FORM 12

Rule 37(3)

Court Reference:

ADVICE TO CORONER REGARDING PRESERVATION OF TISSUE OR MATERIAL

Form 12 Rule 37(3)



Surname:

Given names:


I, [name of Medical Investigator], request the Coroner to make a direction to enable the following tissue(s)/material(s) to be preserved:

[list tissue and/or material]

For the following reasons:

[specify reasons]

I anticipate the duration for preservation will be approximately: *day(s)/*week(s)/*month(s) (if different durations, please specify below):

[list tissue, material and durations]

*It is my opinion, that the following restrictions should be placed on the release of the tissue(s)/material(s):

[list restrictions]

Signature of Medical Investigator:

_______________________________________

Name of Medical Investigator:

Date:

Time:


__________________

S.R. No. 117/2011


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S.R. No. 117/2011


34

FORM 13

Rule 37(4)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DIRECTION TO PRESERVE TISSUE OR MATERIAL

Form 13 Rule 37(4)




Surname:

Given names:


direct [name of Medical Investigator]

*to preserve

*not to preserve

tissue/material as set out in the written request dated [insert date] in accordance with section 28 of the Coroners Act 2008 for the purpose and reasons set out in your written request.

*The tissue/material is to be preserved for *day(s)/*week(s)/*month(s) (If different durations are required for different tissues/materials, specify below):

[list tissue material]

*The following restrictions are imposed:

[list restrictions]

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Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

S.R. No. 117/2011


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FORM 14

Rule 38(3)

Court Reference:

REQUEST FOR RELEASE OF PRESERVED TISSUE OR MATERIAL

Form 14 Rule 38(3)


I, [name and title of staff member], acting in accordance with the wishes expressed on [date] by [name], the senior next of kin (or his or her delegate) of:


Surname:

Given names:

*Date of Birth/*Age[if known]:

request that the following tissue(s) or other material(s) be released following the medical examination without the body:

[list tissue(s) or other material(s)]

*to the senior next of kin or the nominated funeral director, [name of funeral director], to:

*cremate

*bury

*other method of disposal: [please specify]

*to the Victorian Institute of Forensic Medicine to:

*cremate, and reunite the ashes with the other ashes

*cremate, and scatter the ashes at the Bunurong Memorial Park

*bury

*other method of disposal: [please specify]

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*And I have informed the senior next of kin of the direction of the coroner to impose restrictions in relation to the tissue(s) or other material(s) because of public health and safety concerns or in the interests of justice.

Signature:

_______________________________________

Date:

Time:


__________________

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FORM 15

Rule 38(5)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER TO RELEASE PRESERVED TISSUE OR MATERIAL

Form 15 Rule 38(5)




Surname:

Given names:


order the release of the [tissue(s)/material(s)] to [name] in accordance with the request of the senior next of kin on [date of request] by [state method of disposal] and to release the [tissue(s)/material(s)] without the body.

Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

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FORM 16

Rule 39(1)

Court Reference: [if known]:

REQUEST TO INVESTIGATE A FIRE

Form 16 Rule 39(1)

Sections 30 and 31 of the Coroners Act 2008

I [name], from the:

*Country Fire Authority

*Metropolitan Fire and Emergency Services Board

*Other, please specify:

of [requestor's address], request the Coroner to investigate:

Details of fire:

Location of fire:

Fire occurred *on*about*between:

for the following reason(s):

[specify reasons]

Signature:

_______________________________________

Date:


__________________

S.R. No. 117/2011


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FORM 17

Rule 39(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION FOLLOWING A REQUEST TO INVESTIGATE A FIRE

Form 17 Rule 39(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received a request to investigate the following fire:

Details of fire:

Location of fire:

Fire occurred *on/*between:

from the requestor:

Surname:

Given name:

*Organisation:

Address:

*determine that the fire will be investigated

*determine that the fire will not be investigated pursuant to section *30(2)/*31(2) of the Coroners Act 2008, for the following reason(s):[specify reasons]

Signature:

_______________________________________

Coroner's name:

Date:


__________________

S.R. No. 117/2011


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S.R. No. 117/2011


42

FORM 18

Rule 43


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AUTHORISATION BY CORONER TO A MEMBER OF THE POLICE FORCE

Form 18 Rule 43

Sections 39, 40 and 41 of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner

*investigating the death of:

Surname:

Given names:


*investigating the fire:

Location of fire:


under section 39 of the Coroners Act 2008 authorise:

[Name of investigating officer], a member of the police force to exercise the following powers with any assistance that is required pursuant to section 39(3) of the Coroners Act 2008

*to break, enter and search [place of death/incident] using reasonable force if required, and upon entry to the premises, exercise the powers under section 40 and/or section 41 of the Act (reasonable force can only be exercised by a member of the police force);

*to take a copy or copies of documents relevant to the investigation;

*to seize things (including documents) which may be relevant to the investigation;

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*to take samples which may be relevant to the investigation;

as specified in the Schedule below in that place, that may be of assistance in investigating the above-mentioned *death/*fire.

Schedule:

The powers contained in this authorisation must be exercised at or between the hours of [time] and [time] during the period commencing [day eg 1st, 2nd, 3rd] of [month] [year], and concluding [day eg 1st, 2nd, 3rd] of [month] [year]. This period is not to exceed 30 days after the date of this authority.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 40(1) of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may direct a person at the premises—

(a) to produce a document located at the premises that is in the person’s possession or control; or

(b) to operate equipment or access information from the equipment.

Section 40(2) of the Coroners Act 2008 provides that a person must not, without lawful excuse, fail to comply with a direction made by a coroner or member of police force under section 40(1) of that Act.

Section 41 of the Coroners Act 2008 provides that a coroner exercising a power, or a member of the police force who is authorised, to enter premises under section 39 of that Act, may—

(a) take photographs, or make audio or audiovisual recordings, at the premises;

(b) bring any equipment or materials to the premises that may be required;

(c) seal a thing or lock the premises;

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(d) analyse, measure, or test any thing at the premises with equipment brought to the premises or that is already at the premises;

(e) do any other thing that is reasonably necessary for the coroner or member of the police force to investigate the death or fire.


__________________

S.R. No. 117/2011


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FORM 19

Rule 43(3)

Court Reference:

RESULT OF SEARCH

Form 19 Rule 43(3)


Investigation into the:

*Death of: [name of deceased]

*Fire at: [location of fire]

*Authority executed by [name] at [time] *am/*pm on [date].

*This Authority is returned unexecuted because:

[insert reason]

Copy of Authority served on [name] (*owner/*occupier/*person in charge of premises) of [address].

Description of how person served:

Thing(s) seized:

[attach additional pages if insufficient space]

The items listed above are retained under my control unless otherwise ordered by the coroner.

*Coroner’s direction(s): [complete if required]

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Signature:

_______________________________________

At: [place]

Date:

Report of search forwarded on: [date]

Surname:

Rank and Registration No.:


__________________

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FORM 20

Rule 44(1)


APPLICATION FOR EXHUMATION

Form 20 Rule 44(1)


Details of applicant:

Organisation (if applicable):

Title (Mr, Mrs, Ms Dr, etc.):

Surname:

Given name:

Relationship to deceased (if any):

Contact number(s):

Email:

Postal address:

apply to the Coroner for an authorisation of an exhumation of the body of:


Surname:

Given names:

*Date of birth/*Age (if known):

Gender:

Date of death (if known):

Place of death (if known):

from the following place:

Details of burial:

Date of burial:

Location of burial: [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]

Reason(s) for application:

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Signature of applicant:

Date:


__________________

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FORM 21

Rule 44(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION TO REFUSE AN APPLICATION FOR EXHUMATION

Form 21 Rule 44(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of:


Title (Mr, Mrs, Ms, Dr, etc):

Surname:

Given name:



to exhume:

Details of deceased (if known):

Surname:

Given names:


refuse to authorise the exhumation for the following reasons:[specify reason(s) for refusal]

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: An appeal can be made to the Supreme Court of Victoria within 3 months after the refusal to authorise the exhumation of a body under section 81(3) and (4) of the Coroners Act 2008.


__________________

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FORM 22

Rule 46(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

NOTICE OF INTENTION TO AUTHORISE EXHUMATION

Form 22 Rule 46(1)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:


Surname:

Given names:


intend to authorise the exhumation of the body of the deceased. The deceased is buried at [include the name of the cemetery/place of interment; plot/grave; and where applicable, the position in the plot/grave]:

*on my own motion under section 44 of the Coroners Act 2008;

*based on an application made under section 43 of the Coroners Act 2008;

AND

order that notice of this intention is given to:

*[name of senior next of kin];

*[name of cemetery trust], responsible for the public cemetery;

*[name of owner of land], owner of the land where the place of interment is located, pursuant to the Cemeteries and Crematoria Act 2003.

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: The senior next of kin may provide written suggestions as to how and whether the proposed exhumation should be conducted and he or she may appeal to the Supreme Court of Victoria under Part 7 of the Coroners Act 2008 against the authorisation under section 46 of that Act.


__________________

S.R. No. 117/2011


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FORM 23

Rule 46(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

AUTHORISATION OF EXHUMATION

Form 23 Rule 46(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect to the death of:


Surname:

Given names:


*Having considered the following suggestions raised by [name] regarding the notice of intention to authorise an exhumation made under section 45 of the Coroners Act 2008:

[please specify]

*Having not received any suggestions from any persons regarding the making of the Notice of Intention to Authorise Exhumation made pursuant to section 45 of the Coroners Act 2008.

Hereby authorise that the body of the deceased person buried at [place of interment or cemetery], be exhumed and taken without delay to [place/address] and be held there

*subject to the following condition(s):

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 46(5) of the Coroners Act 2008 provides that authorisation does not take effect until 48 hours after the senior next of kin is notified of the authorisation (or any further period specified by the State Coroner) unless:

(a) the State Coroner directs that the exhumation be conducted immediately; or

(b) within that period, the senior next of kin advises that he or she will not appeal to the Supreme Courtagainst the authorisation.

An appeal can be made to the Supreme Court under Part 7 of the Coroners Act 2008 against the authorisation in certain circumstances.


__________________

S.R. No. 117/2011


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FORM 24

Rule 47


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER FOR RELEASE OF BODY

Form 24 Rule 47


I, [name], *State Coroner/*Deputy State Coroner/*Coroner order that the body of:


Surname:

Given names:


be released to [name]

*subject to the following terms and/or conditions:[insert terms and/or conditions]

*for overseas repatriation and there is no indication of any infectious diseases.[insert cause/s of death]

because:

*I am satisfied that it is no longer necessary to have control of the body in order to exercise my functions under the Coroners Act 2008;

*I have determined that the death was not a reportable death or a reviewable death.

Name of funeral director (if known):

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Signature:

_______________________________________

Coroner's name:

Date:

Time:


__________________

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FORM 25

Rule 48


APPLICATION FOR THE RELEASE OF BODY

Form 25 Rule 48




Surname:

Given name:


Contact number(s):

Postal address:

Email:


Surname:

Given names:


Date of death (if known):

Place of death (if known):

Details of funeral director:

Organisation:

Funeral director's code:

Contact number(s):

Email:

Reason(s) for application:[specify reasons]

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I [name of applicant]:

1. Confirm that all information provided in this form and supporting documents (if applicable) is to the best of my knowledge true and correct;

AND

2. Understand that my application may be provided to any other applicant (if appropriate).


Date: ––––––––––––––––––––––––––––––––––––––––––––––––NOTE: Under section 85 of the Coroners Act 2008 a person who applied to have a body released to him or her under section 48 of that Act may appeal against an order to release the body or the terms of that release to the Supreme Court within 48 hours after the determination of the coroner is made.––––––––––––––––––––––––––––––––––––––––––––––––


__________________

S.R. No. 117/2011


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FORM 26

Rule 49(1)


REQUEST FOR INQUEST INTO DEATH

Form 26 Rule 49(1)



Title (Mr, Mrs, Ms, Dr, etc.):

Surname:

Given name:



Postal address:

Email:

request that the Coroner hold an inquest into the death of:


Surname:

Given names:


Date of death/suspected death:

Place of death/suspected death:

Reasons for application:

[specify reasons]


Date:


__________________

S.R. No. 117/2011


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r. 25

S.R. No. 117/2011


61

FORM 27

Rule 49(2)


REQUEST FOR INQUEST INTO FIRE

Form 27 Rule 49(2)




Surname:

Given name:


Postal address:

Email:

request that the Coroner hold an inquest into the fire at:

Details of fire:

Location of fire:

Fire occurred *on/*about/*between:

Reason(s) for this application:


Date:


__________________

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FORM 28

Rule 50(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO DEATH

Form 28 Rule 50(1)




Surname:

Given names:


have decided

*to hold an inquest

*not to hold an inquest

*not to make a decision as to whether or not an inquest should be held

for the following reason(s):[specify reasons]

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a death, the person who requested the coroner to hold an inquest into the death may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.


__________________

S.R. No. 117/2011


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FORM 29

Rule 50(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DECISION BY CORONER WHETHER OR NOT TO HOLD AN INQUEST INTO FIRE

Form 29 Rule 50(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the fire:

Details of fire:

Location of fire:


have decided

*to hold an inquest

*not to hold an inquest

*not to make a decision as to whether or not an inquest should be held

for the following reasons:

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 82 of the Coroners Act 2008 if a coroner determines not to hold an inquest into a fire, the person who requested the coroner to hold an inquest into the fire may appeal against the coroner's determination to the Supreme Court within 3 months after the day on which the determination of the coroner is made.


S.R. No. 117/2011


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__________________

S.R. No. 117/2011


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FORM 30

Rule 52


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER EXCLUDING A PERSON OR CLASS OF PERSON FROM AN INQUEST

Form 30 Rule 52

Section 55(2)(d) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner in the matter of the inquest into the

*death of [name of deceased]/*fire occurring *on/*between [date of fire or between the dates of]:

TO: [name of person or class of persons whom the order is directed]

*OF [address(s) of person or class of persons whom the order is directed—if appropriate]

You are ordered not to enter the courtroom for:

*the whole of the inquest;

OR

*the following parts/days of the inquest: [insert parts/days of inquest]:

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: A breach of this order may be dealt with as contempt of court under section 103 of the Coroners Act 2008.


__________________

S.R. No. 117/2011


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S.R. No. 117/2011


68

FORM 31

Rule 53(2)


APPLICATION FOR LEAVE TO APPEAR AS AN INTERESTED PARTY

Form 31 Rule 53(2)




Surname:

Given name:



Contact number(s):

Email:

Details of deceased (if applicable):

Surname:

Given names:


Details of fire (if applicable):

Location of fire:


I seek leave to appear for:

*whole of the inquest;

*part of the inquest: [specify which part of the inquest]

Details of legal representative (if applicable):


Surname:

Given name:

Name of firm/Position held:

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Postal address:

Contact number(s):

Email:

Reasons for application (see note below):

Signature of *applicant/*legal representative:

Date:

NOTE: Under section 56 of the Coroners Act 2008, a coroner may give a person leave to appear as an interested party at an inquest if the coroner is satisfied that—

(a) the person has sufficient interest in the inquest; and

(b) it is appropriate for the person to be an interested party.


__________________

S.R. No. 117/2011


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FORM 32

Rule 54


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

PRIVILEGE IN RESPECT OF SELF INCRIMINATION IN OTHER PROCEEDINGS

Form 32 Rule 54


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the inquest into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


certify under section 57 of the Coroners Act 2008 that evidence in these proceedings by [name of witness] on [date or dates], is evidence or information to which section 57 of that Act applies.

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Section 57(7) of the Coroners Act 2008 provides that:

In any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—

(a) evidence given by a person in respect of which a certificate under this section has been given; and

(b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

Section 57(8) of the Coroners Act 2008 provides that:

Section 57(7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.

A certified transcript or other record of the evidence will be forwarded when available.


__________________

S.R. No. 117/2011


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FORM 33

Rule 55


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

WARRANT TO ARREST

Form 33 Rule 55


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

The person [name of person] of [address]:

*was summoned by a coroner under section 55 of the Coroners Act 2008 and has neglected or failed to appear at the time and place appointed in and by a summons to attend as a witness or to produce documents or other materials and it is proved to me, upon oath or affirmation, that the summons was served personally on the witness.

*is avoiding service of a summons under section 55 of the Coroners Act 2008 or that the person has been duly served with the summons but is unlikely to comply with it.

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AND is to be brought before the Coroners Court to answer the Summons and to be further dealt with according to law, and if it is not practicable to bring him or her before the Court forthwith to release him or her on bail in accordance with the endorsement below.

Signature:

_______________________________________

Coroner's name:

Date:

*ENDORSEMENT FOR BAIL

The person named may be released on entering an undertaking of bail to appear at the Coroners Court at [venue] on the following conditions:


__________________

S.R. No. 117/2011


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FORM 34

Rules 57(3) and 59(2)

Court Reference [if known]:

APPLICATION TO ACCESS OR HAVE RELEASED SEIZED OR RECEIVED THING

Form 34 Rules 57(3) and 59(2)




Surname:

Given name:



Contact number(s):

Postal address:

Email:

Details of legal representative (if applicable):


Surname:

Given name:

Firm/Position held:

Contact number(s):

Postal address:

Email:

*Details of deceased (if applicable):

Surname:

Given names:


*Details of fire (if applicable):

Location of fire:

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Request that the following thing(s) be *accessed by/*released to [name of person]:


[specify reasons]

Signature of *applicant/*legal representative:

Date:


__________________

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FORM 35

Rule 57(5)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER BY CORONER TO ACCESS SEIZED OR RECEIVED THING

Form 35 Rule 57(5)


I, [name], *State Coroner*/Deputy State Coroner/*Coroner having received the application of [name of applicant] to access or have released a seized or received thing in relation to the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


*Refuse the application

*Authorise access to the following thing(s):

[list things]

On the following conditions:

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Signature:

_______________________________________

Coroner's name:

Date:


__________________

S.R. No. 117/2011


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FORM 36

Rules 58(3) and 59(4)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

ORDER BY CORONER TO RELEASE OR DESTROY SEIZED OR RECEIVED THING

Form 36 Rules 58(3) and 59(4)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received the application of [name of applicant] in relation to the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


order that

[list thing(s)]:

*be released to [name of owner] of [address]:

*be released to [specify person] of [address] as the owner cannot be identified or found

*be destroyed by [specify by whom]

*be disposed of in the following manner [outline manner to be disposed of] by [specify by whom]

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*not be released at this stage

Signature:

_______________________________________

Coroner's name:

Date:


__________________

S.R. No. 117/2011


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FORM 37

Rule 60(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO DEATH WITH INQUEST

Form 37 Rule 609(1)


Inquest into the Death of: [name of deceased]Delivered On:

Delivered At:

Hearing Dates:

Findings of: [name of coroner]

Representation: [list representation]

*Police Coronial Support Unit

[name of PCSU member]

*Counsel Assisting the Coroner

[name of barrister]

[name of solicitor]


AND having held an inquest in relation to this death on [date]

at [place of inquest]

find that the identity of the deceased was [full name of deceased]

*born on/*aged [*date/*age]

and the death occurred *on/*on or about/*between [full dates]

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at [full address of place of death]

from:

1 (a)

1 (b)

1 (c)

2

in the following circumstances:

*COMMENTS

Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:[specify comments]

*RECOMMENDATIONS

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:[specify recommendations]

*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet:

[specify any finding, comment or recommendation that is not to be published]

*I direct that a copy of this finding be provided to the following:

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 38

Rule 60(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO DEATH WITHOUT INQUEST

Form 38 Rule 60(2)



without holding an inquest:

find that the identity of the deceased was [full name of deceased]

born *on/*aged [*date/*age]

and the death occurred *on or about/*on/*between [full date/s]

at [full address of place of death]

from:

1 (a)

1 (b)

1 (c)

2

*Having considered the evidence before me together with the public interest and being satisfied that there are no suspicious circumstances or circumstances requiring further investigation make no further findings with respect to the circumstances in which the death occurred.

*Pursuant to section 67(2) of the Coroners Act 2008, I make findings with respect to the following circumstances:[specify circumstances]

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*COMMENTS

Pursuant to section 67(3) of the Coroners Act 2008, I make the following comment(s) connected with the death:[specify comments]

*RECOMMENDATIONS

Pursuant to Section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the death:[specify recommendations]

*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [specify any finding, comment or recommendation to be published]

*I direct that a copy of this finding be provided to the following:

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 39

Rule 61(1)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO FIRE WITH INQUEST

Form 39 Rule 61(1)


Inquest into the fire at: [location of fire]Delivered On:

Delivered At:

Hearing Dates:

Findings of: [name of coroner]

Representation: [list representation]

*Police Coronial Support Unit

[name of PCSU member]

*Counsel Assisting Coroner

[name of barrister]

[name of solicitor]

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full location]

AND having held an inquest in relation to this fire on [date]

at [place of inquest]

find that the fire occurred *on/*between [dates]

and find that the cause and origin of the fire was: [specify cause and origin]

in the following circumstances: [specify circumstances]

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*RECOMMENDATIONS

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:[specify recommendations]

*Pursuant to section 73(1) of the Coroners Act 2008, I order that the following not be published on the Internet:

[specify any finding, comment or recommendation that is not to be published]


Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 40

Rule 61(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

FINDING INTO FIRE WITHOUT INQUEST

Form 40 Rule 61(2)


I, [name], *State Coroner/*Deputy State Coroner/*Coroner having investigated the fire at [full address]

without holding an inquest find that the fire occurred *on/*between [date(s)]

and find the cause and origin of the fire was:[specify cause and origin]

in the following circumstances:

[specify circumstances]

*RECOMMENDATIONS:

Pursuant to section 72(2) of the Coroners Act 2008, I make the following recommendation(s) connected with the fire:

[specify recommendations]

*Pursuant to rule 64(3) of the Coroners Court Rules 2009, I order that the following be published on the internet: [please specify]


Signature:

_______________________________________

Coroner's name:

Date:


__________________

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S.R. No. 117/2011


88

FORM 41

Rule 62


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION THAT INQUEST WILL NOT BE HELD OR WILL BE DISCONTINUED

Form 41 Rule 62




Surname:

Given names:


determine pursuant to sections 52(3)(b) and 71 of the Coroners Act 2008, that an inquest *will not be held/*will be discontinued in respect of this death as [full name of person] has been charged with an indictable offence and the making of a finding would be inappropriate in the circumstances for the following reasons:

[insert reasons]

Signature:

_______________________________________

Coroner's name:

Date:


__________________

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FORM 42

Rule 64


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

SUPPRESSION ORDER

Form 42 Rule 64


I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the investigation into the:

*death of:


Surname:

Given names:


*fire at:

Details of fire:

Location of fire:


order that the following:

*Document(s): [list document(s)]

*Material(s): [list materials]

*Evidence: [list evidence]

*[list further orders]

not be published pursuant to section 73(2) of the Coroners Act 2008, as I reasonably believe that publication would:

*be likely the prejudice the fair trial of a person

*be contrary to the public interest

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Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 73(3) of the Coroners Act 2008, a person must not publish a report contrary to this order. Breach of this order may incur a penalty up to 60 penalty units.


__________________

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FORM 43

Rule 65(1)


APPLICATION TO SET ASIDE FINDING

Form 43 Rule 65(1)




Surname:

Given name:



Postal address:

Contact number(s):

Email:

*Details of deceased:

Surname:

Given names:


*Details of fire:

Location of fire:

*Fire occurred *on/*about/*between:

Details of finding:

Findings by:

Date of finding(s):

Details of the order sought:

Request that the coroner set aside:

*all of the findings.

*the following particular findings: [detail particular findings to be set aside]

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Reason(s) for application (see note below)


Date:

––––––––––––––––––––––––––––––––––––––––––––––––

NOTE: Under section 77(3) of the Coroners Act 2008, the Coroners Court may only reopen the investigation and set aside the findings if satisfied that—

(a) there are new facts and circumstances; and (b) it is appropriate to reopen the investigation.––––––––––––––––––––––––––––––––––––––––––––––––


__________________

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FORM 44

Rule 65(2)


OF VICTORIA

AT [COURT LOCATION]

Court Reference:

DETERMINATION FOLLOWING APPLICATION TO SET ASIDE FINDING

Form 44 Rule 65(2)

Sections 77(2) and 77(3) of the Coroners Act 2008

I, [name], *State Coroner/*Deputy State Coroner/*Coroner having received an application to set aside the finding into the *fire/*death of


Surname:

Given names:


Details of fire:

Location of fire:


make the following order:

*that the findings not be set aside as I am not satisfied that there are new facts and circumstances and it is not appropriate to re-open the investigation pursuant to section 77(3) of the Coroners Act 2008

*I am satisfied that there are new facts and circumstances however, pursuant to section 77(3) of the Coroners Act 2008, it is not appropriate to re-open the investigation

*pursuant to section 77(2) of the Coroners Act 2008, the following findings be set aside as I am satisfied that there are new facts and circumstances: [insert findings to be set aside]

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*pursuant to section 77(2) of the Coroners Act 2008, all of the findings be set aside as I am satisfied that there are new facts and circumstances.

*AND it is appropriate to re-open the investigation pursuant to section 77(3)(b) of the Coroners Act 2008.

Signature:

_______________________________________

Coroner's name:

Date:

NOTE: Under section 84 of the Coroners Act 2008, if the Coroners Court refuses to re-open an investigation, a person who requested the Coroners Court to set aside some or all of the findings of the coroner may appeal against the Court's determination to the Supreme Court within 3 months after the refusal by the Coroners Court.


__________________

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FORM 45

Rule 67


APPLICATION FOR ACCESS TO CORONIAL DOCUMENTS/INQUEST TRANSCRIPT

Form 45 Rule 67




Surname:

Given name:

*Organisation:

*Agent [please attach a signed authority from the senior next of kin or interested party]

*Relationship to deceased (if any):

Postal address:

Contact number(s):

Email:

*Details of deceased:

Surname:

Given names:


*Details of fire:

Location of fire:


Details of documents sought:

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Category of request:

I am requesting the above documents as:

*an interested party claiming to have sufficient interest in the document

*a statutory body (for the purpose of exercising a statutory function)

*a member of the police force (for law enforcement purposes)

*a person who is conducting research approved by an appropriate human research ethics committee (attach supporting documents)

*the document is required for the public interest

*a person specified in the rules as being a person to whom documents may be released: a Coroner must be satisfied that a person has a sufficient interest in a document for the purposes of an application made by a person under rule 67(2).


Form of access:

*I wish to inspect the document(s)

*I require a copy of the document(s)

Confirmation

I confirm that all of the information provided in this form and supporting documents is to the best of my knowledge true and correct.

*Consent

I consent to my name being disclosed to the deceased's senior next of kin (if appropriate) which may be necessary in order for my application to be processed.

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Date:

––––––––––––––––––––––––––––––––––––––––––––––––NOTE: The applicant may be required to pay processing charges in respect of the applicant's application. If so, a statement of charges will be provided to the applicant.––––––––––––––––––––––––––––––––––––––––––––––––

*Delete if inapplicable".

Dated: 25 October 2011

JUDGE J. COATE, State Coroner

IAIN T. WEST, Deputy State Coroner

PARESA ANTONIADIS SPANOS, Coroner

═══════════════

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ENDNOTES

Endnotes S.R. No. 117/2011


99

1 Rule 4: S.R. No. 131/2009.