The Law Handbook 2024

918 Section 9: Health, wills and other legal issues affecting older people Coronial inquests The coroner has jurisdiction to hold an inquest (a formal inquiry into a death) about any fire or reportable death as defined by the Coroners Act. The coroner must investigate a reportable death provided the death is a reportable death and took place in Victoria and occurred within 50 years of the death being reported (s 15). The coroner may investigate a death within 100 years of being notified of the death (s 14(1)). The coroner does not have to hold an inquest where the death is not a reportable death (as referred to in section 4(2)(b)), or where a medical investigator examines the body and is of the opinion that the death was caused by natural causes (s 17). Section 52 of the Coroners Act states that the coroner must hold an inquest if: • the death, or cause of death, occurs in Victoria; • the death is the result of a homicide; • the deceased was in custody or care at the time of death; • the identity of the deceased is unknown; or • a regulation requires it. The date, time and place of the inquest must be published (s 61). The coroner can call witnesses and require the witnesses to answer questions, subject to the witnesses’ right to not self-incriminate (ss 55, 57, 64). The coroner determines who should be called as a witness at the inquest and determines what issues are to be investigated (s 64(b)). The coroner may give leave to appear to any interested party (s 56). Interested parties can make submissions to the inquest and be legally represented (s 66). The inquest is not bound by the formal rules of evidence and the inquest is to be conducted with as little formality as the interests of justice permit (ss 62, 65). The coroner must find if possible: • the identity of the deceased; • the cause of death; and • the circumstances of death (s 67). However, the coroner is not to make any finding of guilt of an offence, but can comment as to a referral to the Director of Public Prosecutions (s 69). If any person buries, cremates or otherwise disposes of the body of any person who died in such circumstances before the coroner has had an opportunity of viewing the body, that person is guilty of an offence. The Coroners Act (ss 14, 15) gives the coroner wide powers regarding investigation of a death or the holding of an inquest. A coroner is not required to continue an investigation into a reportable death if a medical investigator provides an opinion that the death was due to natural causes despite the fact that the person died unexpectedly. A coroner is bound to order an autopsy if they believe that the autopsy is necessary for the investigation of the death and it is appropriate to give the direction (s 25(1)). Alternatively, the coroner may not require an autopsy to determine the cause of death, instead relying on other sources of information available. The coroner may direct a medical investigator to perform a procedure on a body for the purposes of identifying the body (s 24). Under section 27 of the Coroners Act, any person may ask the coroner to direct that an autopsy be held, but the coroner may refuse with reasons. The coroner is obliged to take reasonable steps to notify the senior next of kin of the deceased (as defined in the Coroners Act) of the coroner’s intention to conduct an autopsy (s 26(1)). The senior next of kin has 48 hours to object to the carrying out of an autopsy. The senior next of kin has a right of appeal to the Supreme Court of Victoria if their objection is refused. From 1 November 2009, the senior next of kin (as defined in the Coroners Act) must be provided with any reports given to the coroner (s 115(1)(a)). Interested parties may be given leave to appear at the inquest (s 56), if one is held, and must be provided with a copy of the inquest brief (s 115(1) (b)). However, this right does not extend to general documents held by the coroner (s 115(6)). The Coroners Act provides that a coroner may provide a body to a medical investigator to enable a preliminary examination to be performed on a body, which consists of various non-invasive tests, such as taking and testing samples, X-rays, or similar imaging tests. Accordingly, a preliminary examination may provide sufficient information to establish the cause of death, without requiring the need for an autopsy. If an autopsy is ordered, the coroner must take reasonable steps to notify the senior next of kin (s 26(1)) (as defined in the Coroners Act). Such an autopsy can only be ordered where the coroner believes it is necessary for the investigation