Doctor must give cause of death certificate to registrar‑general
35 Doctor must give cause of death certificate to registrar‑general
This section applies if a doctor—
was responsible for a deceased person’s medical care immediately before the deceased person’s death; or
examined the body of a deceased person after the deceased person’s death; or
has considered information about a deceased person’s medical history and the circumstances of the deceased person’s death and is able to form an opinion as to the probable cause of death.
The doctor must give the registrar‑general a cause of death certificate for the deceased person within 48 hours after the deceased person’s death.
Maximum penalty: 5 penalty units.
An offence against this section is a strict liability offence.
This section does not apply if the doctor believes on reasonable grounds that—
another doctor or a nurse practitioner has already given the registrar‑general a cause of death certificate for the deceased person; or
the death has been reported to a coroner.
Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Note 2 A doctor must not give a cause of death certificate in certain circumstances (see Cemeteries and Crematoria Act 2020, s 42).
Note 3 Deaths must be reported to a coroner in certain circumstances (see Coroners Act 1997, s 77).
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