Persons making contact statements presumed to be living
274 Persons making contact statements presumed to be living
This section applies if a person has given the chief executive a contact statement and has not revoked it.
In the absence of evidence to the contrary, the chief executive must presume the person is still alive.
The chief executive must take steps to find out whether the person is still alive if—
the chief executive receives a request from someone (the applicant) for information about the person under division 3; and
the contact statement is that the person does not wish to be contacted by the applicant; and
the chief executive is aware of information indicating the person has died or may have died.
Otherwise, the chief executive is not required to take steps at any time to determine whether the person is still alive.
Note—
Under the Births, Deaths and Marriages Registration Act 2023, section 122, the chief executive and the registrar may enter into an arrangement for giving information about whether a person giving a contact statement has died.
This Act’s bill:Explanatory memorandumSecond reading speech
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