Coronavirus update

The Coroners Court of Victoria is closely monitoring the COVID-19 situation and following State and Commonwealth government advice.

Friday 1 October 2021

VACCINATION OF AUTHORISED WORKERS - MESSAGE FROM THE CHIEF JUSTICE

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT.

The Premier announced this morning that all workers on the Authorised Worker list will require their first COVID-19 vaccine dose by Friday, 15 October in order to continue working onsite and will need to be fully vaccinated by 26 November.

The Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will provide information about any changes to operations as a result of this announcement following the release of the directions made under the Public Health and Wellbeing Act 2008.

Legal challenges to directions under that Act have been brought before the courts. Those matters will be heard and determined according to law. The Courts and VCAT will therefore not be making comment or responding to inquiries that go directly or indirectly to questions of legality of the directions. Operational changes by the courts and VCAT should not be taken as expression of a judicial view about legal issues before the courts.

Tuesday 17 August 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT.

The Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will adjust their arrangements in line with further changes to restrictions during the extended lockdown in metropolitan Melbourne, and maintain operations in regional areas in line with the restrictions in operation there.

Metropolitan Melbourne arrangements

Chief Justice Ferguson said in Melbourne urgent and priority matters not able to be held remotely would be held in person. The courts and VCAT will continue to hear as many other matters as possible remotely. Some matters may be adjourned for a period of time.

A small number of jury trials which were underway when the lockdown began continue, following COVID-safe plans. No new criminal jury trials will begin until restrictions ease.

Regional arrangements

Outside metropolitan Melbourne, the Courts will continue to use a mixture of in-person and remote hearings. In-person hearings that would require individuals to travel from Melbourne into the regions will only proceed in urgent and priority matters.

“The Victorian courts and VCAT continue to be grateful for the way in which all court users have responded to the rapidly changing COVID-19 restrictions,” Chief Justice Ferguson said.

“It has been incredibly important to keep the Courts and VCAT operating throughout the pandemic for the benefit of the litigants and the broader community.

“We are very conscious that these new restrictions will once again require litigants, witnesses and lawyers to operate largely remotely. While many lawyers are already doing that, others will need to revert to this mode of working and do so in different household environments. The jurisdictions acknowledge and will be mindful of the challenges this presents.

“We remain extremely grateful to Victoria’s legal profession and all who work for and with us for assisting the Courts and VCAT to progress as many matters as possible for the benefit of the community during this unsettling time.

“The health and safety of Court users, judicial officers and staff is of the highest priority. We thank you for your positive approach, your patience, endurance and hard work.

“As always, we will continue to update you on changes we need to make to the way we operate in line with public health advice.”

Please check the websites of each jurisdiction for jurisdiction-specific changes.

For more information on the Coroners Court operations please read Practice Direction 2 of 2021.

Friday 16 July 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and Victorian Civil and Administrative Tribunal (VCAT).

The Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will implement their contingency plans in response to the latest five-day lockdown announced yesterday to address the recent outbreak of a highly infectious strain of coronavirus (COVID-19).

Chief Justice Anne Ferguson said the courts and VCAT would revert back to the arrangements during the May circuit breaker restrictions.

“As always, we are well placed to respond to the latest advice,” Chief Justice Ferguson said.

“The courts and VCAT have continued to operate and deliver justice through all levels of restrictions, including those in February and May of this year.

“In line with the public health advice, matters will be held in person only where it is not practicable for them to be held remotely and it is essential that they proceed. The courts and VCAT will continue to hear as many matters as possible remotely. Some matters may be adjourned for a period of time.

“We will continue to follow public health advice and take all steps possible to minimise potential disruption and ensure matters are dealt with in a timely way.”

Chief Justice Ferguson said that jury trials which are already underway will continue, following COVID-safe plans, although a few may be adjourned. No new criminal jury trials will begin until restrictions ease.

“The health and safety of all court and tribunal participants is of the highest priority,” Chief Justice Ferguson said.

“We again thank everyone for their continued patience and understanding as we work together to reduce the spread of COVID-19.”

Thursday 11 June 2021

The Victorian courts and VCAT will gradually adjust operations in line with the easing of restrictions in metropolitan Melbourne and regional Victoria from Friday, 11 June, 2021.

A mixture of in-person and remote hearings will continue in the courts.

Density limits will apply in court buildings other than spaces being used for jury trials, so remote hearings will play an ongoing and important role in continuing to hear matters.

Masks will be required to be worn in court buildings subject to exemptions.

New jury trials will resume in Melbourne from Friday, 11 June, 2021. Trials that had to be vacated during the restrictions will be re-listed as soon as possible.

“We are grateful for the support provided by the legal profession and the agencies who contribute to our ongoing operations and the administration of justice for all Victorians,” Chief Justice Ferguson said.

“We acknowledge the way in which all those who work with and in the Courts and VCAT adapt so quickly to changing circumstances to ensure hearings can continue for the benefit of the Victorian community.”

Friday 4 June 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT.

Further to the message from Thursday, 27 May, 2021, the Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will continue under their current arrangements in Melbourne for the next seven days following the extension of Circuit Breaker Restrictions.

Remote hearings will continue, with in-person hearings proceeding where it is not practicable to proceed remotely. The commencement of new jury trials in Melbourne will remain suspended during this period. Every effort will be made to re-list any vacated trials as soon as possible.

With the easing of restrictions in regional Victoria, changes will be made in regional courts, as follows.

Magistrate Court venues in regional Victoria will continue to hear matters as listedvia the Online Magistrates’ Court or, where appropriate, in-person. The Children’s Court will also operate via remote and some in-person hearings in the regions.

The commencement of new jury trials will resume in regional locations from 7 June 2021.

Density limits will apply in court buildings other than spaces being used for jury trials. Masks will be required to be worn in all regional courts subject to exemptions.

The restrictions recognise that some who are Melbourne-based will need to travel to regional areas to provide services related to the administration of justice, including the operation of courts.

Chief Justice Anne Ferguson said the courts were pleased to be able to resume the in-person hearings in regional Victoria which had not be able to proceed during restrictions, in line with the latest public health advice. The Chief Justice said they were also conscious that people travelling to regional locations for this purpose would continue to be subject to Melbourne-based restrictions to minimise the risk of spreading the virus.

“The just and timely hearing of matters across Victoria is our priority,” Chief Justice Ferguson said.

“The courts and VCAT will continue to operate in Melbourne and regional Victoria in accordance with the restrictions applicable to each location, and we again thank everyone involved as we work to prevent the spread of coronavirus.”

Thursday 27 May 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT.

The Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will implement their contingency plans in response to the new 7 Day Circuit Breaker Restrictions announced today to address the recent outbreak of coronavirus (COVID-19).

Chief Justice Anne Ferguson said the courts and VCAT would work closely with Victoria’s legal profession and justice agencies to carefully manage the delivery of justice during the restrictions in line with the latest public health advice.

“The courts and VCAT have continued to operate and deliver justice through all levels of restrictions, including the circuit breaker in February,” Chief Justice Ferguson said.

“We have planned for this possibility and we are well placed to respond to the latest advice.”

“In accordance with the public health advice, matters will be held in person only where it is not practicable for them to be held remotely and it is essential that they proceed. The courts and VCAT will continue to hear as many matters as possible remotely. Some matters may be adjourned for a period of time.”

“We will continue to follow public health advice and take all steps possible to minimise potential disruption and ensure matters are dealt with in a timely way.”

Chief Justice Ferguson said that criminal jury trials which are already underway will continue, following COVID-safe plans, although a few may be adjourned. No new criminal jury trials will begin until restrictions ease. Every effort will be made to re-list any vacated trials as soon as possible.

“We are very conscious that the new restrictions will once again require many participants in the court system to operate remotely,” the Chief Justice said.

“While many have become very familiar with this way of working, the challenges this presents are acknowledged and the jurisdictions will be mindful of this.”

“The health and safety of all court and tribunal participants is of the highest priority.”

“We thank everyone for their patience and understanding as we work together to reduce the spread of COVID-19.”

Thursday 6 May 2021

The Coroners Court has issued a new practice direction to amend previously issued ‘COVID-normal’ procedures following further easing of restrictions by State and Federal Governments.

Under the new Practice Direction 2 of 2021:

Hearings may now be conducted in person, by technological means or via a combination of both.
Physical attendance at Coroners Court hearings no longer requires authorisation by the State Coroner
Media and the public: media and members of the public may continue to request to attend hearings remotely via technological means, and may also attend in person without seeking prior authorisation.

Please note: these conditions are subject to the prevailing health and safety advice issued by State and Federal Governments.

For more information please read Practice Direction 2 of 2021.

This practice direction supersedes Practice Direction 1 of 2021.

Thursday 22 April 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and the Victorian Civil and Administrative Tribunal (VCAT).

Public health officials have now advised that, in addition to the removal of the COVID-19 density quotient, when in use for their ordinary purposes courts and tribunals can operate with no physical distancing including jury trials.

There remains only a recommendation for 1.5m distancing where members of the public are roaming for general visitation purposes and not for the operations of the courts.

Record keeping and cleaning requirements will remain as part of the COVID-Safe plan for Victorian Courts and VCAT, together with other hygiene measures and existing practices to ensure that anyone with COVID-19 symptoms does not enter a court or tribunal building.

The ability to safely return to in-person hearings without the constraints of physical distancing will allow the Courts to restore hearing capacity in the areas most impacted by COVID-19 restrictions over the past year, including jury trials. VCAT will continue to work towards a gradual and managed opening up to in-person hearings in addition to telephone and online hearings.

Changes will be implemented progressively. We will look to retain innovations developed through necessity where they have been shown to have ongoing benefit.

We will work with the legal profession and members of the many agencies who contribute to the work of the Courts and VCAT as we chart the way forward.

I will reconvene the civil and criminal justice forums brought together at the beginning of the pandemic as part of that process. This will provide an opportunity for system-wide discussion to achieve the best outcomes for the community.

The Courts and VCAT will continue to act in accordance with public health advice and remain mindful of our responsibility to all court and tribunal users and the community.

Monday 12 April 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT.

We welcome the new public health advice about the relaxation of some COVID-19 restrictions that previously applied to the Victorian courts and Victorian Civil and Administrative Tribunal (VCAT).

We will review our processes in light of the new advice from public health authorities and any further guidance from occupational health and safety authorities. Current settings will be maintained while this occurs.

When changes can be made safely to the way we operate they will be implemented progressively. Further information will be provided about changes as they occur.

There have been many learnings through this pandemic and we hope to take the best of what we have been able to achieve and apply it to our work going forward for the benefit of the community.

The road ahead still has challenges for the Courts and VCAT, but we approach our task with optimism and gratitude to all those who have worked with us and continue to contribute to the administration of justice in Victoria.

Monday 22 February 2021

The Coroners Court has issued a new practice direction to outline the approach for proceedings to continue to be safely held throughout the COVID-19 pandemic.

The practice direction outlines ‘COVID-normal’ procedures, in recognition that a flexible approach will be necessary for the ongoing activities of the Court.

The Court will continue to focus on convening hearings via technological means wherever feasible.

Hearings which require the physical attendance of persons at the Court, must be approved by the State Coroner and strict adherence to current health and safety advice issued by State and Federal governments will be observed. This includes:

the latest directions under the Public Health and Wellbeing Act 2008 (Vic) require face masks to be worn at all times outside of personal residences and worn at indoor venues subject to certain exceptions, from 11.59pm on Wednesday 17 February, 2021 (please see exceptions below).
all persons must remain 1.5 metres away from one another, follow good hand hygiene practices, and refrain from attendance at hearings when unwell.
courtrooms will be set up in a manner that respects current health advice (such as maintaining the density quotient, being a maximum of 1 person per 4 square metres).
Hearings which require physical attendance of participants will be marked on the Court’s hearing list with an asterisk (i.e. Smith, A*).

Please note: media and public may continue to request to attend hearings remotely via technological means. Where a hearing is being held in-court media and public must contact the Court to request access to attend.

The Court will consult participants in currently listed hearings regarding arrangements for use of technology, or if required, physical attendance. Specific information on any particular health and safety measures required to be observed will be provided prior to persons physically attending hearings at the Court.

The Court remains open and committed to the timely and efficient conduct of coronial investigations.

For more information please read Practice Direction 1 of 2021.

This practice direction supersedes Practice Direction 4 of 2020.

USE OF FACE MASKS IN HEARINGS AT THE CORONERS COURT OF VICTORIA

The latest directions under the Public Health and Wellbeing Act 2008 (Vic) require face masks to be worn at all times outside of personal residences and worn at indoor venues subject to certain exceptions, from 11.59pm on Friday 12 February 2021.

Current as at 11.59pm on 17 February 2021

Face masks are required to be worn indoors in the Coroners Court of Victoria (Coroners Court) building, subject to certain exemptions, to help prevent the spread of coronavirus (COVID-19). Masks can be provided at the security screening point if required. The exemptions to wearing a mask include where:

The nature of a person’s work means that clear enunciation or visibility of the mouth is essential

Judicial officers and those addressing the court as part of their work may therefore remove face coverings when in court for this purpose
Court staff speaking in court and court interpreters may also remove face coverings when needed
Those formally addressing the court as part of their work (e.g. barristers, solicitors, police prosecutors, interpreters, media seeking to be heard on a suppression order application), may choose to continue to wear a face covering so long as they can be clearly heard and understood and the court will endeavour to make reasonable adjustments to allow for this
Where it is necessary to confirm identity for security purposes, authorised officers may request face coverings be removed temporarily for that purpose.
Required or authorised by law
For example, where it is considered necessary for the fair conduct of court proceedings the presiding judicial officer may direct a witness giving evidence, to remove a face covering.
Where it is a legal requirement that someone’s face be able to be seen in court, they may be directed to remove a face covering.

The person has a physical or mental health illness or condition or disability which makes wearing a face covering unsuitable

The person communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication. Those in this category need not wear face coverings. Those interpreting for the deaf may remove face coverings for this purpose

It remains the expectation that all court participants maintain physical distancing and, even if face coverings are removed pursuant to an exemption while in court, that they be worn when moving through the court environment (except in the case of illness or disability).

It is expected that now that there is a general requirement to wear face coverings in public, most people attending court will have their own, and will be wearing a face covering when arriving at court. Some disposable face coverings will continue to be available to court users attending for hearings, or the registry in person. These can be obtained at entrance points before security screening. Guidance on how to properly fit and dispose face coverings will be provided and displayed.

Further information on face coverings can be found on the DHHS website.

The health and safety of judicial officers, staff, and court users is of the highest priority. We will continue to closely follow public health advice, and thank all those coming into our courts for their patience and understanding as we work together to reduce the spread of coronavirus.

*The exemptions and a description of compliant face coverings can be found on the DHHS website.

ONGOING HEALTH ADVICE

Please also follow the continuing health advice, including:

If you feel unwell or have symptoms of coronavirus (COVID-19), however mild, do not attend the Coroners Court and notify the Registry by calling 1300 309 519 or emailing courtadmin@courts.vic.gov.au
Practice physical distancing – stay 1.5 metres away from anyone you don’t live with.
Practice excellent personal hygiene at all times – wash your hands or use the hand sanitiser available throughout the court and cough and sneeze into a tissue or your elbow if not wearing a mask.

The Coroners Court will continue to operate largely through virtual hearings, which do not require people to physically attend Court.

Further information can be accessed on the DHHS website.

Wednesday 17 February 2021

The following update is from the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, on behalf of the Victorian courts and VCAT:

The Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) will largely return to arrangements that were in place before the introduction of COVID-19 circuit breaker restrictions.

Chief Justice Anne Ferguson said the Courts and VCAT thanked Victoria’s legal profession and court users for their patience, understanding and adaptability during the five-day circuit breaker.

In response to the latest public health advice, Chief Justice Ferguson said the courts and VCAT have introduced measures that enable us to adjust between hearing matters remotely or on-site as we continue to deliver justice in a pandemic environment.

Chief Justice Ferguson said new criminal jury trials will begin from Thursday, and those already underway will continue, following COVID-safe plans.

“We again thank all those working with us to continue the work of the courts and VCAT while protecting public health.”

Monday 7 September 2020

Joint jurisdictional statement on the easing of Coronavirus (COVID-19) restrictions, from the Chief Justice of the Supreme Court of Victoria, Anne Ferguson.

Victoria’s courts and the Victorian Civil and Administrative Tribunal (VCAT) will begin working with the legal profession and justice stakeholders on a coordinated response to the foreshadowed gradual easing of COVID-19 restrictions.

All of our courts and VCAT have closely followed public health advice as we rapidly adapted to the COVID-19 environment.

Each jurisdiction is now largely managing matters online, with limited physical attendance in our buildings.

In light of the announcement from the Premier of Victoria yesterday, we will carefully consider what changes we can make practically, safely and steadily in line with the easing of each level of restrictions.

As Courts Council Chair, I have asked my fellow Council member, State Coroner, His Honour Judge Cain, to work through the next steps with the criminal courts, the legal profession and criminal justice stakeholders.

As Chief Justice, I will consult with the civil courts, the legal profession and civil justice stakeholders. The focus of this consultation will be on changes that can be made in common law, commercial, family violence, child protection and other civil matters as restrictions ease.

We have been extremely grateful for the co-operation and perseverance of everyone who has worked so hard with us to keep our virtual doors open.

We understand the importance of doing everything possible to slow the spread of COVID-19, while still delivering justice for the community.

Each jurisdiction has made a number of significant procedural and practical changes since March this year.

We now look forward to working with Victoria’s legal sector and justice stakeholders to develop a sustainable, coordinated response to the latest public health developments.

Once again, we thank all of our court users and staff for their patience and understanding.

The Honourable Chief Justice Anne Ferguson, Chief Justice of the Supreme Court
The Honourable Chief Judge Peter Kidd, Chief Judge of the County Court
The Honourable Justice Michelle Quigley, President of VCAT
Her Honour Judge Lisa Hannan, Chief Magistrate
Her Honour Judge Amanda Chambers, President of the Children's Court
His Honour Judge John Cain, State Coroner

Thursday 6 August 2020

The Coroners Court has issued a new practice direction to outline how proceedings can be safely held at the present stage of the COVID-19 pandemic.

In response to the State Government’s new Stage 4 restrictions, all Coroners Court hearings, including inquests, will be convened via electronic and digital means where feasible.

A schedule of upcoming hearings will be maintained on the Coroners Court website. If any participant has concerns in relation to matters proceeding by way of technological means, their views will be considered in determining the appropriate way to proceed.

Urgent or priority matters which require parties to be physically present at the Court must be approved by the State Coroner.

The Coroners Court remains open and committed to the timely and efficient conduct of proceedings, and continues to serve the community by advancing safe, proactive and appropriate solutions to the ongoing difficulties posed by COVID-19.

For more information please read Practice Direction 4 of 2020.

This practice direction supersedes Practice Direction 3 of 2020.

Thursday 23 July 2020

Victoria’s courts and VCAT continue to adapt with the rest of the community to the additional public health measures put in place to reduce the spread of coronavirus (COVID-19).

Physical attendance at courts remains limited. For those who are required to attend physically the following information is provided.

The latest Directions from the Chief Health Officer will mean that from 11.59pm, Wednesday 22 July:

Anyone in Victoria’s court or tribunal buildings in metropolitan Melbourne and Mitchell Shire must wear a face covering unless an exemption applies .Those exemptions include where:

Where the nature of a person’s work means that clear enunciation or visibility of the mouth is essential

judicial officers and those addressing the court as part of their work may therefore remove face coverings when in court for this purpose
court staff speaking in court and court interpreters may also remove face coverings when needed
those formally addressing the court as part of their work (e.g. barristers, solicitors, police prosecutors, interpreters, media seeking to be heard on a suppression order application), may choose to continue to wear a face covering so long as they can be clearly heard and understood and the court will endeavour to make reasonable adjustments to allow for this
where it is necessary to confirm identity for security purposes, authorised officers may request face coverings be removed temporarily for that purpose

Required or authorised by law

for example, where it is considered necessary for the fair conduct of court proceedings the presiding judicial officer may direct a witness giving evidence, to remove a face covering
where it is a legal requirement that someone’s face be able to be seen in court (e.g. during the jury empanelment process) they may be directed to remove a face covering

The person has a physical or mental health illness or condition or disability which makes wearing a face covering unsuitable

The person communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication. Those in this category need not wear face coverings. Those interpreting for the deaf may remove face coverings for this purpose

It is expected that now that there is a general requirement to wear face coverings in public, most people attending court will have their own, and will be wearing a face covering when arriving at court. Some disposable face coverings will continue to be available to court and tribunal users attending for hearings, or the registry in person. These can be obtained at entrance points before security screening. Guidance on how to properly fit and dispose face coverings will be provided and displayed.

Further information on face coverings can be found on the DHHS website.

The health and safety of judicial officers, staff, and court users is of the highest priority. We will continue to closely follow public health advice, and thank all those coming into our courts and tribunal for their patience and understanding as we work together to reduce the spread of coronavirus.

*The exemptions and a description of compliant face coverings can be found on the DHHS website.

Wednesday 15 July 2020

Anyone in Victoria’s court or tribunal buildings will be expected to wear face masks when they are moving around in a court building.

The health and safety of judicial officers, staff, and court users remains of the highest priority as Victoria faces increasing community transmission of coronavirus (COVID-19).

Based on current health advice, anyone in Victoria’s court or tribunal buildings will be expected to wear face masks when they are moving around in a court building.

If people are physically distanced and stationary (for example, in the case of barristers, standing to address the Court), they can remove their mask, dispose of it and replace it with a fresh mask when they move around again.

Disposable masks will be available to all court users attending for hearings or the registry in person. The masks will be available at entrance points before security screening. Guidance on how to properly fit and dispose of the masks will be provided and displayed. Further information on face masks can be found on the DHHS website.

This practice is a further measure towards providing a safe workplace for everyone working in and coming into Victoria’s courts and tribunal. Please also follow the continuing health advice, including:

Practice physical distancing – stay 1.5 metres away from anyone you don’t live with.
Practice excellent personal hygiene at all times – wash your hands and cough and sneeze into a tissue or your elbow.
If you feel unwell or have symptoms of coronavirus (COVID-19), however mild, do not attend at Court, contact the court to discuss alternative arrangements.

The courts and tribunal continue to operate largely through virtual hearings, which do not require people to physically attend court.

We thank all those coming into our courts and tribunal for their patience and understanding as we work together to reduce the spread of coronavirus.

Friday 10 July 2020

The Coroners Court has issued a new practice direction to outline how proceedings can be safely held at the present stage of the COVID-19 pandemic.

The Court will continue to focus on convening hearings via technological means wherever feasible.

For hearings which require the physical attendance of persons at the Court, strict adherence to current health and safety advice issued by State and Federal governments will be observed. This includes:

all persons must remain 1.5 metres away from one another, follow good hand hygiene practices, and refrain from attendance at hearings when unwell.
courtrooms will be set up in a manner that respects current health advice (such as maintaining the density quotient, being a maximum of 1 person per 4 square metres).

To further minimise risk, physical hearings will run for a maximum of two hours.

The Court remains open and committed to the timely and efficient conduct of coronial investigations.

For more information please read Practice Direction 3 of 2020.

This practice direction supersedes Practice Direction 2 of 2020.

Thursday 30 April 2020

The Coroners Court of Victoria has published a new practice direction regarding recent changes to court hearings in response to COVID-19.

Coronial hearings will continue to be held remotely via technology wherever feasible. However, to ensure the effective and timely conduct of proceedings, Victorian State Coroner, Judge Cain has directed that beginning 30 April 2020:

some court hearings that require the physical presence of persons at the Coroners Court may be scheduled, providing strict adherence to distancing advice from State and Federal governments is observed.
inquests that were previously adjourned to a date to be fixed will now be rescheduled on a case by case basis.

The health and wellbeing of Court users and staff is the highest priority and hearings that require physical attendance will only be scheduled when necessary.

The Coroners Court is open and continues to actively investigate all cases. Coroners and staff are working in accordance with the restrictions imposed as a result of COVID-19 and remain committed to serving the community at this difficult time.

For more information please read Practice Direction 2 of 2020.

This practice direction supersedes Practice Direction 1 of 2020.

Friday 27 March 2020

In line with government restrictions, Victorian State Coroner, Judge Cain, has directed that no hearing which requires the physical attendance of any person at the Coroners Court will proceed.

Inquest Findings, Summary Inquests, Direction Hearings and Mention Hearings will be facilitated through technology.

Inquests are adjourned to a date to be fixed. Adjourned inquests will be rescheduled in line with government guidelines, but not before 31 May 2020.

The Coroners Court remains open and continues to actively investigate all cases. Coroners and staff are working in accordance with the restrictions imposed as a result of COVID-19 and remain committed to the timely and efficient conduct of proceedings and to serving the community at this difficult time.

For further information please read Practice Direction 1 of 2020 COVID-19 Pandemic Response.

When a COVID-19 death should be reported to the coroner

The Coroners Court of Victoria investigates all deaths that are reportable. Of the approximately 40,000 Victorians who die every year, only 6500-7000 of those deaths are reportable. The Coroners Court of Victoria will generally be treating deaths of people who tested positive for COVID-19 as arising from natural causes, similar to individuals who die from the flu. Therefore, in general, these deaths do not need to be reported to the coroner. The treating doctor in such circumstances should complete a Medical Certificate of Cause of Death (death certificate).

However, there may be another reason to report a death to the coroner where the deceased had COVID-19. For example, a death should be reported to the coroner if a person is suspected or confirmed to have COVID-19 and their death is unnatural or violent or has resulted, directly or indirectly, from an accident or injury, or the person was in custody or care. These deaths will continue to be investigated like any other reportable death. Where the cause of death is unknown and no death certificate is issued by a treating doctor, the death will be considered reportable. Enquiries will be made in relation to recent travel and health history, including the onset of any flu-like symptoms in the lead-up to the death.

If those in Victoria with reporting obligations require advice regarding the reportability of a death, they should contact staff at Coronial Admissions & Enquiries at VIFM on 1300 008 436.