New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 38

38 Circumstances in which death must not be registered

(1) The Registrar must not register the death of a person unless the Registrar has been given one of the following-

(a) a notice given by a registered medical practitioner under section 39 in relation to the death of the person,

(b) an order made by a coroner under section 101 of the Coroners Act 2009 that authorises the disposal of the remains of the deceased person,

(c) a notice given by a coroner under section 34 (1) or (2) of the Coroners Act 2009 for the purpose of effecting or completing registration of the death,

(d) a document issued, made or given in relation to the death under the 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 order referred to in paragraph (a), (b) or (c).

(2) Despite subsection (1), a death is to be registered if-

(a) a court orders the registration of the death, 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, order or document referred to in that subsection.