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Contents (1995 - 62)
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Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 28 April 2017 at 22:12)
Part 7
Part 7 Registration of deaths
Division 1 Cases where registration of death is required or authorised
36   Deaths to be registered under this Act
(1)  If a person dies in the State, the death must be registered under this Act.
(2)  If a court1 orders the registration of a death, the death must be registered under this Act.
(3)  If a person dies:
(a)  in an aircraft during a flight to an airport in the State, or
(b)  on a ship during a voyage to a port in the State,
the death may be registered under this Act.
(4)  If a person who is domiciled or ordinarily resident in the State dies outside the Commonwealth, or a person dies outside the Commonwealth leaving property in the State, the death may be registered under this Act.
(5)  However, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law.
(6)  If a child is stillborn, the child’s death2 is not to be registered under this Part.
(7)  This section is subject to section 38.
Notes.
 1 The power to order registration of death may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 37).
2 ie the foetal death. A stillbirth is registered as a birth but not as a death.
37   Power to order registration of death
If a court (including any court of another State or the Commonwealth) finds that a person whose death is not registered under this Act died in the State, the court may order registration of the death.
38   Circumstances in which death must not be registered
(1)  The Registrar must not register the death of a person unless the Registrar has been given one of the following:
(a)  a notice given by a doctor under section 39 in relation to the death of the person,
(b)  an order made by a coroner under section 101 of the Coroners Act 2009 that authorises the disposal of the remains of the deceased person,
(c)  a notice given by a coroner under section 34 (1) or (2) of the Coroners Act 2009 for the purpose of effecting or completing registration of the death,
(d)  a document issued, made or given in relation to the death under the law of another State or the Commonwealth or any other place, being a document which the Registrar is satisfied is equivalent to a notice or order referred to in paragraph (a), (b) or (c).
(2)  Despite subsection (1), a death is to be registered if:
(a)  a court orders the registration of the death, or
(b)  the Registrar is of the opinion that, having regard to the circumstances of the case, it is proper that the death should be registered without any notice, order or document referred to in that subsection.
Division 2 Notification of deaths
39   Notification of deaths by doctors
(1)  A doctor who was responsible for a person’s medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death:
(a)  give the Registrar notice of the death and of the cause of death in a form and manner required by the Registrar, or
(b)  if the doctor is of the opinion that it is impracticable or undesirable to give notice of the cause of death of the person within that time, give the Registrar notice of the death, and of the doctor’s intention to give notice of the cause of death, in a form and manner required by the Registrar.
Maximum penalty: 5 penalty units.
(2)  However, a doctor need not give a notice under this section if:
(a)  another doctor has given the required notice, or
(b)  the death has been reported to a coroner under the Coroners Act 2009.
(3)  A doctor must not give a notice under this section if the doctor is prevented from giving a certificate as to the cause of death of the person by section 38 of the Coroners Act 2009.
(4)  If a death is reported to a coroner under the Coroners Act 2009, the coroner must give the Registrar notice of the death as soon as practicable.
40   Notification of cause of death by coroner
(1)  If a coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the coroner must give a copy of the disposal authorisation or the finding to the Registrar.
(2)  The Registrar may register a death even though the death is subject to coronial inquest and a finding has not been made about the cause of death.
(3)  A death certificate issued before a coronial inquest into the cause of death is completed must be endorsed in such manner as the Registrar considers appropriate to indicate that fact.
(4)  This section is subject to section 38.
41   Notification by funeral director and others
(1)  A funeral director or other person who arranges for the disposal of human remains must within 7 days after disposal of the remains give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar:
(a)  the name and last residential address of the deceased,
(b)  whether or not the death was reported to a coroner,
(c)  the place and manner of disposal,
(d)  the information required by the regulations.
Maximum penalty: 5 penalty units.
(2)  If human remains (other than cremated remains) are removed from the State, the funeral director or other person who arranges for the removal of the remains from the State must, within 28 days after the remains are disposed of outside the State, give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar:
(a)  the place and manner of disposal,
(b)  the information required by the regulations.
Maximum penalty: 5 penalty units.
(3)  If human remains have not been disposed of within 30 days after the date of death, the funeral director or other person who has custody of the remains must give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar:
(a)  the name and last residential address of the deceased,
(b)  whether or not the death was reported to a coroner,
(c)  the information required by the regulations.
Maximum penalty: 5 penalty units.
(4)  This section applies in relation to the disposal of any human remains, including the remains of a stillborn child.
Division 3 Registration of death
42   Registration
(1)  The Registrar registers a death by making an entry about the death in the Register including the particulars required by the regulations.
(2)  However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars.