Victorian Consolidated Legislation

Births, Deaths and Marriages Registration Act 1996 - SECT 36

Circumstances in which a death must not be registered

36. Circumstances in which a death must not be registered



(1) The Registrar must not register a death unless the Registrar-

   (a)  has been given notice by a doctor under section 37(1) in relation to
        the death of the person; or

   (b)  has been given notice of the death in the form of a certificate issued
        by a coroner under section 23(1) of the Coroners Act 1985 that
        authorises the disposal of the remains of the deceased person; or

   (c)  has received a notice under section 22 of the Coroners Act 1985
        containing the particulars needed to effect or complete registration
        of the death; or

   (d)  has been given notice in the form of a document issued, made or given
        in relation to the death under a corresponding law of another State or
        the Commonwealth or any other place, being a document which the
        Registrar is satisfied is equivalent to a notice or certificate
        referred to in paragraph (a), (b) or (c).

(2) Despite subsection (1), the Registrar must register the death if-

   (a)  registration of the death is ordered by a court; or

   (b)  the Registrar is of the opinion that, having regard to the
        circumstances of the case, it is proper that the death should be
        registered without any notice, certificate or order referred to in
        this section.

Division 2-Notification of deaths