Contents (1995 - 62)
Births, Deaths and Marriages Registration Act 1995 No 62
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, orthe death may be registered under this Act.(b) on a ship during a voyage to a port in the State,(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.