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CORONERS ACT 1993 - SECT 12 Obligation to report deaths

CORONERS ACT 1993 - SECT 12

Obligation to report deaths

    (1)     In this section:

"person held in care" means:

        (a)     a child who is in the CEO's care as defined in the Care and Protection of Children Act 2007 ; or

        (b)     a patient who, under the Mental Health and Related Services Act 1998 is in custody whether in a hospital or temporarily removed from a hospital.

"person held in custody" means:

        (a)     a person in the custody or control of:

            (i)     a police officer; or

            (ii)     a member of the Police Force of a State or another Territory of the Commonwealth or of the Australian Federal Police; or

            (iii)     the Commissioner of Correctional Services; or

            (iv)     a sheriff appointed under the Sheriff Act 1962 ; or

        (b)     a person detained in:

            (i)     a custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act 2014 ); or

            (ii)     a detention centre approved under the Youth Justice Act 2005 ;

and includes a person in the process of being taken into or escaping from:

        (c)     the custody or control of a person mentioned in paragraph (a); or

        (d)     detention in a place mentioned in paragraph (b).

"reportable death" means:

        (a)     a death where:

            (i)     the body of a deceased person is in the Territory; or

            (ii)     the death occurred in the Territory; or

            (iii)     the cause of the death occurred in the Territory;

    being a death:

            (iv)     that appears to have been unexpected, unnatural or violent or to have resulted, directly or indirectly, from an accident or injury; or

            (v)     that occurred during an anaesthetic; or

            (vi)     that occurred as a result of an anaesthetic and is not due to natural causes; or

            (vii)     of a person who, immediately before death, was a person held in care or custody; or

            (viii)     that was caused or contributed to by injuries sustained while the person was held in custody; or

            (ix)     of a person whose identity is unknown; or

        (b)     the death of a person who ordinarily resided in the Territory at the time of death that occurred at a place outside the Territory where the cause of death is not certified by a person who, under a law in force in the place, is a legally qualified medical practitioner.

    (1A)     For the definition of person held in custody in subsection (1), a person is also taken to be held in custody if he or she:

        (a)     is detained anywhere in the Territory by a person authorised to do so under any Act or law in force in the Territory, including a law of the Commonwealth; or

        (b)     is in the process of escaping from detention mentioned in paragraph (a).

    (2)     A person who has reasonable grounds to believe that a reportable death has not been reported must report the death as soon as possible to a coroner or police officer.

Maximum penalty:     40 penalty units.

    (3)     A medical practitioner who is present at or after the death of a person must report the death as soon as possible to a coroner if:

        (a)     the death is a reportable death; or

        (b)     the medical practitioner does not view the body of the deceased person; or

        (c)     the medical practitioner is unable to determine the cause of death.

Maximum penalty:     40 penalty units.

    (4)     If more than one medical practitioner is present at or after a death and one of them reports it to a coroner, the other medical practitioners need not report the death but must give to the coroner investigating the death any information that may help the investigation.

    (5)     The death of a person held in care or custody immediately before death must be reported to a coroner as soon as possible by the person under whose care or in whose custody the deceased person was held.

Maximum penalty:     40 penalty units.