Victorian Numbered Regulations

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CORONERS COURT (AMENDMENT NO. 2) RULES 2014 (SR NO 202 OF 2014) - REG 9

Form 9 substituted

r. 9

For Form 9 of the Principal Rules substitute

" FORM 9

Rule 33

IN THE CORONERS COURT

OF VICTORIA

AT MELBOURNE

Court Reference:

DIRECTION REGARDING AUTOPSY

Form 9 Rule 33

Section 25 of the Coroners Act 2008

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

Details of deceased:

Surname:

     

Given names:

     

*Date of Birth/*Age:

     

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

*VIFM Identification Report

*Preliminary Examination Report

*Medical Deposition

*Hospital/Clinical Records

*Medical Certificate of Cause of Death

*Initial Family Contact

*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.

*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 (pursuant to section 25(2) of the Coroners Act 2008 )

        * PENDING the 48 hour notice period expiring

        * FORTHWITH because the senior next of kin has confirmed that he/she consents to the autopsy proceeding immediately and will not appeal to the Supreme Court against the direction that an autopsy be performed, pursuant to section 26(5)(b) of the Coroners Act 2008 .

OR

* A PARTIAL AUTOPSY (CONDITIONAL), following advice from the pathologist (section 25(3)(a) of the Coroners Act 2008 ). The conditions are as follows:

OR

*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

* AN AUTOPSY IMMEDIATELY, without giving notice to the senior next of kin because:

        *it is appropriate in the circumstances (section 26(5)(a)(i) of the Coroners Act 2008 )

        *there is no senior next of kin or the next of kin cannot be located (section 26(5)(a)(ii) of the Coroners Act 2008 )

OR

* NO 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

but provide a report based on the Preliminary Examination.

AND

* THE FOLLOWING TESTS (section 25(3)(b) of the Coroners Act 2008 ):

*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.

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.

*Delete if inapplicable

__________________".



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