New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 39

39 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:

(a) give the Registrar notice of the death and of the cause of death in a form and manner required by the Registrar, or

(b) if the doctor is of the opinion that it is impracticable or undesirable to give notice of the cause of death of the person within that time, give the Registrar notice of the death, and of the doctor’s intention to give notice of the cause of death, in a form and manner required by the Registrar.

Maximum penalty: 5 penalty units.

(2) However, a doctor need not give a notice under this section if:

(a) another doctor has given the required notice, or

(b) the death has been reported to a coroner under the Coroners Act 2009 .

(3) A doctor must not give a notice under this section if the doctor is prevented from giving a certificate as to the cause of death of the person by section 38 of the Coroners Act 2009 .

(4) If a death is reported to a coroner under the Coroners Act 2009 , the coroner must give the Registrar notice of the death as soon as practicable.