The Coronial Council of Victoria is asked to review the existing rights, under sections 77 and 83 of the Coroners Act 2008 (Act), to re-open an investigation or appeal coronial findings and to provide advice on:
- whether there is a need to amend section 77 or 83 (and sections 87 and 87A, to the extent that they are related to section 77 or 83); and
- if there is a need to make amendments, the nature of those amendments.
In formulating its advice, the Coronial Council should have regard to:
- the existing operation of the appeal and re-opening provisions in the Act;
- the historical development of appeal and re-opening provisions in the Victorian coronial jurisdiction, including changes made by the Courts Legislation Miscellaneous Amendments Act 2014;
- analogous appeal and re-opening provisions in other Victorian legislation;
- appeal and re-opening provisions in other Australian coronial legislation;
- the interests of families, the interests of justice, the interests of maintaining finality of decision-making, and the efficiency of the court system;
- the impact of any proposed changes to the appeal and re-opening provisions on costs and resourcing for the Coroners Court and the appellate jurisdiction;
- any other impact of any proposed changes to the appeal and re-opening provisions on the coronial system and the wider appeals system.