1Objective

The objective of these Regulations is to prescribe certain matters and forms authorised or required to be prescribed under the Coroners Act 2008.

2Authorising provision

These Regulations are made under section 117 of the Coroners Act 2008.

3Commencement

These Regulations come into operation on 12 October 2019.

4Revocations

The following Regulations are revoked—

(a)

the Coroners Regulations 2009^[1];

(b)

the Coroners Amendment Regulations 2014^[2];

(c)

the Coroners Amendment Regulations 2019^[3].

5Definitions

In these Regulations—

Aboriginal or Torres Strait Islander means a person who—

(a)

is of Aboriginal or Torres Strait Islander descent; and

(b)

identifies as an Aboriginal or Torres Strait Islander; and

(c)

is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

Reg. 5 def. of SDA enrolled dwelling inserted by S.R. No. 109/2022 reg. 4.

SDA enrolled dwelling has the same meaning as in the Residential Tenancies Act 1997;

Reg. 5 def. of SDA resident inserted by S.R. No. 109/2022 reg. 4.

SDA resident has the same meaning as in the Residential Tenancies Act 1997;

the Act means the Coroners Act 2008.

6Pathologist

For the purposes of the definition of pathologist in section 3(1) of the Act, the following registered medical practitioners are prescribed—

(a)

a Fellow of the Royal College of Pathologists of Australasia;

(b)

a registered medical practitioner with qualifications and experience which are approved in writing by the Director of the Institute.

7Person placed in custody or care

(1)

For the purposes of paragraph (l) of the definition of person placed in custody or care in section 3(1) of the Act, a prescribed person or a prescribed class of person is—

(a)

a person held in detention in Victoria by an authorised person under the law of the Commonwealth or another jurisdiction; or

(b)

a person in Victoria who an authorised person is attempting to take into custody or who is dying from injuries sustained when an authorised person attempted to take the person into custody; or

(c)

a person who is dying from an injury incurred while—

(i)

in the care, control or custody of an authorised person; and

Reg. 7(1)(c)(ii) amended by S.R. No. 109/2022 reg. 5(1).

(ii)

in detention in Victoria under the law of the Commonwealth or another jurisdiction; or

Reg. 7(1)(d) inserted by S.R. No. 109/2022 reg. 5(2).

(d)

a person in Victoria who is an SDA resident residing in an SDA enrolled dwelling.

(2)

In this regulation and regulation 8, authorised person means a person authorised under the law of Victoria, the Commonwealth or another jurisdiction to—

(a)

take a person into custody in Victoria; and

(b)

keep a person in custody in Victoria.

Reg. 8 substituted by S.R. No. 109/2022 reg. 6.

8Obligation to report death of a person placed in custody or care—responsible person

For the purposes of section 11(2)(c) of the Act, the responsible person in relation to a person placed in custody or care—

(a)

referred to in regulation 7(1)(a), (b) or (c), is the authorised person referred to in the relevant paragraph of regulation 7(2); and

(b)

referred to in regulation 7(1)(d), is a person who—

(i)

is funded to provide an SDA resident with daily independent living support; and

(ii)

has reasonable grounds to believe that the resident's death has not been reported to a coroner or the Institute.

9Particulars to be provided if a coroner determines that a reported death is not a reportable death

For the purposes of section 16(6) of the Act, the prescribed particulars are—

(a)

the deceased's full name; and

(b)

the deceased's date of birth or, if unknown, the deceased's age at death; and

(c)

the cause of death; and

(d)

the date and place of death; and

(e)

the sex of the deceased; and

(f)

if known, whether the deceased was Aboriginal or Torres Strait Islander; and

(g)

if known, the full name and address of the deceased's next of kin; and

(h)

if known, the full name and address of the funeral director or other person arranging for the disposal of the human remains.

10Particulars to be provided in certain reportable deaths that do not require investigation

For the purposes of section 17(2) of the Act, the prescribed particulars are—

(a)

the deceased's full name; and

(b)

the deceased's date of birth or, if unknown, the deceased's age at death; and

(c)

the cause of death; and

(d)

the date and place of death; and

(e)

the sex of the deceased; and

(f)

if known, whether the deceased was Aboriginal or Torres Strait Islander.

11Information to be provided on the coronial process

For the purposes of section 21 of the Act, the prescribed information is—

(a)

the objectives of the Act; and

(b)

the meaning of a reportable death and a reviewable death; and

(c)

what the purpose of a coronial investigation is, including the following—

(i)

what a coroner must find, if possible;

(ii)

that recommendations might be made by a coroner following a coronial investigation which in turn may oblige certain parties receiving those recommendations to make a written response in relation to those recommendations;

(iii)

that the findings, comments and recommendations made following an inquest may be published on the Internet in accordance with the Act; and

(d)

what the identification process may involve; and

(e)

rights in relation to viewing and touching the body of a deceased person and access to the place of death; and

(f)

the meaning of a medical examination under the Act including a preliminary examination, an identification procedure and an autopsy; and

(g)

details about inquests conducted under the Act including the following—

(i)

circumstances where a coroner must conduct an inquest;

(ii)

the rights of interested parties at an inquest;

(iii)

assistance provided to a coroner at an inquest;

(iv)

how an inquest must be conducted; and

(h)

the meaning of senior next of kin under the Act and that person's rights in relation to an autopsy and an exhumation under the Act; and

(i)

a person's rights under the Act in relation to an exhumation, the release of a body, an inquest into a death and reopening an investigation; and

(j)

a person's right to seek legal representation; and

(k)

a person's obligation to report a death including a reviewable death and to assist the coroner under the Act; and

(l)

the availability of services including the following—

(i)

counselling services;

(ii)

interpreting services and translated information;

(iii)

legal services; and

(m)

access to documents under the Act; and

(n)

where to lodge—

(i)

a complaint in relation to the Coroners Court; and

(ii)

an appeal to the Supreme Court.

12Person who may remove or assist in the removal of human tissue

For the purposes of section 28(1)(d) of the Act, a prescribed person is a person registered under the Health Practitioner Regulation National Law—

(a)

to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b)

in the registered nurses division of that profession.

Coroners Regulations 2019

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