Births, Deaths and Marriages Registration Act 1996 Section 37. 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, notify the Registrar of the death and of the cause of death in a form and manner approved by the Registrar and specifying any prescribed particulars.
Penalty: 12 penalty units. 2.When a notice is given under sub-section (1), the doctor must also give a notice in the form and manner approved by the Registrar and specifying any prescribed particulars that the death has occurred to the funeral director or other person who will be arranging for the disposal of the human remains.
Penalty: 12 penalty units. 3.However, a doctor is not required to give a notice under sub-section (1) or (2) if another doctor has given the required notices. 4.A doctor must not give a notice under sub-section (1) or (2) if a coroner or police officer is required to be notified of the death under the Coroners Act 2008.
Penalty: 12 penalty units.
Coroners Act 2008 Section 10. Obligation of registered medical practitioner to report death 1.Subject to subsection (2), a registered medical practitioner who is present at or after the death of a person must report the death without delay to a coroner if the death is a reportable death.
Penalty: 20 penalty units. 2.If more than one registered medical practitioner is present at or after a death and one of them reports it to a coroner, the other practitioners need not report the death.
Section 13. Obligation to report reviewable death
1.Subject to subsection (2), a registered medical practitioner who is present at or after the death of a child must report the death without delay to the State Coroner if the death is a reviewable death.
Penalty: 20 penalty units. 2.If more than one registered medical practitioner is present at or after a reviewable death and one of them reports it to the State Coroner, the other practitioners need not report the death. 3.A person who has reasonable grounds to believe that a reviewable death has not been reported to the State Coroner as a reviewable death must report the death without delay to the State Coroner.
Penalty: 20 penalty units.
Reportable death 1.In this Act, a death of a person is a reportable death if a.the body is in Victoria; or b.the death occurred in Victoria; or c.the cause of the death occurred in Victoria; or d.the person ordinarily resided in Victoria at the time of death and the death was a death specified in subsection (2). 2.For the purposes of subsection (1), the deaths are a.a death that appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from an accident or injury; or b.a death that occurs i.during a medical procedure; or ii.following a medical procedure where the death is or may be causally related to the medical procedure and a registered medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or
c.the death of a person who immediately before death was a person placed in custody or care; or d.the death of a person who immediately before death was a patient within the meaning of the Mental Health Act 1986; or e.the death of a person under the control, care or custody of the Secretary to the Department of Justice or a member of the police force; or f.the death of a person who is subject to a non-custodial supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or g.the death of a person whose identity is unknown; or h.a death that occurs in Victoria if a notice under section 37(1) of the Births, Deaths and Marriages Registration Act 1996 has not been signed and is not likely to be signed; or i.a death that occurs at a place outside Victoria if the cause of death is not certified by a person who, under the law in force in that place, is authorised to certify that death and the cause of death is not likely to be certified by a person who is authorised to certify in that place; or j.a death i.of a prescribed class of person; ii.that occurs in prescribed circumstances.
Reviewable death 1.In this Act, the death of a child (the deceased child) is a reviewable death if the deceased child is the second or subsequent child of the deceased child’s parent to have died and one of the following applies a.the body is in Victoria; or b.the death occurred in Victoria; or c.the cause of the death occurred in Victoria; or d.the child ordinarily resided in Victoria at the time of death. 2.Despite subsection (1), a death of a deceased child is not a reviewable death if a.the death occurs in a hospital; and b.the child was born at a hospital and had always been an in-patient of a hospital; and c.the death is not a reportable death. 3.In this section a.hospital means a public hospital, a public health service, a denominational hospital or a private hospital within the meaning of the Health Services Act 1988; b.in-patient of a hospital includes a child whose only period spent outside a hospital was during a transfer from one hospital to another, by whatever means.
Next of kin (in order of hierarchy): 1.In relation to a deceased adult means: a.the deceased's spouse or domestic partner; then b.the deceased's son or daughter if 18 years of age or over; then c.the deceased's parent(s); then d.the deceased's sibling if 18 years of age or over. 2.In relation to a deceased child means: a.a parent; then b.a brother or sister 18 years of age or over; then c.the child's guardian immediately before their death.