Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 94

94 Cause of death certificate

(1) This section applies if—

(a) a doctor—

(i) for a stillborn child—

(A) was present at the stillbirth; or

(B) examined the stillborn child’s body; or

(ii) for any other deceased person—

(A) attended the deceased person when the person was alive; or

(B) examined the deceased person’s body; or

(C) has considered information about the deceased person’s medical history and the circumstances of the deceased person’s death; and

(b) the doctor is able to form an opinion as to the probable cause of death.

Examples of subsection (1)(a)(ii)(C)—

1 A doctor may consider information about the deceased person’s medical history by examining the records of, or speaking to, another doctor who attended the deceased person when the person was alive.

2 A doctor may be able to consider information about the circumstances of the deceased person’s death by speaking to someone who was with the deceased when the deceased person died or who discovered the deceased person’s body.

(2) Subject to the Coroners Act 2003 , section 26 (5) , the doctor must—

(a) complete a certificate, in the form required by the registrar, (
"cause of death certificate" ) for the deceased person; and

(b) give the original certificate, in an approved way, to the person who is arranging for the disposal of the deceased person’s body or to the registrar; and

(c) give a copy of the certificate, in an approved way, to the person who is arranging for the disposal of the deceased person’s body.

Note—

The Coroners Act 2003 , section 26 (5) , provides that a doctor must not issue a cause of death certificate for a person in certain circumstances.

(3) For subsection (2) , a person who is arranging for the disposal of the deceased person’s body includes a school of anatomy that is holding the body.

(4) The doctor must comply with subsection (2) within 2 working days of the person’s death or when the person’s body is found, whichever is the later.

(5) However, a doctor need not comply with subsection (2) if another doctor has complied with subsection (2) .

(6) A doctor must not charge a person for a cause of death certificate.

(7) If a doctor reasonably suspects that the doctor, or the doctor’s spouse, may receive a benefit because of a person’s death, the doctor must not issue a cause of death certificate for the person.

Penalty—

Maximum penalty—120 penalty units.

(8) If the doctor gives the person who is arranging for the disposal of the deceased person’s body the original cause of death certificate, the person must give the certificate to the registrar within 14 days after the person has received the certificate.

(9) Despite subsection (4) or (8) , the registrar may accept a cause of death certificate given to the registrar at any time.

(10) In this section—

"benefit" —

(a) includes—

(i) a payment under a life insurance policy; and

(ii) property under a will; and

(iii) property under an intestate distribution; but

(b) does not include fees payable for professional services.

"doctor" includes a person registered as a medical practitioner under a law of another country corresponding to the Health Practitioner Regulation National Law.

"person" includes a stillborn child born after 30 April 1989.