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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 30 March 2017 at 17:34)
Part 7 Division 2
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.