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s 115

Access to documents

In force

115 Access to documents

S. 115(1) substituted by No. 62/2014 s. 73(1).

(1)

Unless otherwise ordered by the coroner, the principal registrar must—

(a)

provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying—

(i)

that reports have been given to a coroner as a result of a medical examination performed on the deceased; and

(ii)

that the senior next of kin may request copies of those reports; and

(iii)

the manner in which the senior next of kin may request copies of those reports; and

(b)

if an inquest is to be held, provide an interested party with a copy of the coronial brief.

(2)

A coroner may also release a document to—

(a)

an interested party if the coroner is satisfied that the party has a sufficient interest in the document;

(b)

a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;

S. 115(2)(c) amended by No. 37/2014 s. 10(Sch. item 30.5).

(c)

a police officer for law enforcement purposes;

(d)

a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;

(e)

any person if the coroner is satisfied that the release is in the public interest;

(f)

a person specified in the rules as being a person to whom documents may be released.

(3)

A coroner may impose conditions on the release of any document under subsection (1) or (2).

(4)

A person to whom a document has been released under this section must comply with any condition placed on that release.

  1. 60 penalty units.
(5)

A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.

  1. 60 penalty units.
(6)

A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.

S. 115(7) amended by Nos 62/2014 s. 73(2)(a), 3/2016 s. 106.

(7)

In this section, coronial brief means a brief of evidence that is prepared for a coronial investigation and contains the following (if available)—

(a)

a statement of identification by an appropriate person;

(b)

any reports given to a coroner as a result of a medical examination;

S. 115(7)(c) amended by No. 62/2014 s. 73(2)(b).

(c)

reports and statements that the coroner investigating the death or fire believes are relevant to a coronial investigation;

S. 115(7)(d) amended by No. 62/2014 s. 73(2)(c).

(d)

other evidentiary material that the coroner investigating the death or fire believes is relevant to the coronial investigation;

(e)

any material prescribed by the rules or the regulations.

S. 115(8) amended by No. 62/2014 s. 73(3).

(8)

For the purposes of subsection (7), a coronial brief does not include any part of a medical file that the coroner considers to be irrelevant to the coronial investigation.

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Coroners Act 2008 s 115 — Access to documents (Victoria) — Barrister AI