Prohibition on giving certificate of cause of death in certain circumstances
14 Prohibition on giving certificate of cause of death in certain circumstances
A medical practitioner must not give a certificate of cause of death if the death is a reportable death under the Coroners
Act 2003.
Maximum penalty: $10 000 or imprisonment for 2 years.
A medical practitioner must not give a certificate of cause of death knowing that—
he or she, or his or her spouse or domestic partner, has a pecuniary or proprietary interest in the hospital, nursing home or aged care facility where the person died; or
he or she, or his or her spouse or domestic partner, has a pecuniary interest in the death of the person under a policy of life insurance or superannuation; or
he or she, or his or her spouse or domestic partner, is entitled to a benefit in the form of property under a will or intestate distribution.
Maximum penalty: Imprisonment for 4 years.
It is a defence to a charge of an offence against subsection (2) if the defendant proves that—
the death occurred outside Metropolitan Adelaide; and
no other medical practitioner was reasonably available, within 24 hours after the death, to give the certificate; and
the defendant complied with any requirements prescribed by the regulations in relation to the certificate.
This Act’s bill:Second reading speech
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