Medical
5. Reporting Death to Coroner
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Aug 2015
- A coroner is a person who holds a judicial office and conducts inquests into suspicious, sudden, violent or unnatural deaths.
- Doctors, emergency service workers and health professionals have a legal obligation to report certain types of deaths to the coroner.
- Deaths that must be reported are known as ‘reportable deaths.’
- Examples of reportable deaths are:
- unexpected deaths;
- violent or unnatural deaths such as homicide, suicide or poison related deaths;
- suspicious deaths;
- death of a person who has not been treated by a medical practitioner within 6 months of their death;
- death of a person that is not a reasonably expected outcome of a health-related procedure;
- death of patients in psychiatric hospitals;
- death of people in police custody or resulting from police operation (action); and
- death of a child.
- Situations where a health professional must report a death vary between states and territories.
- You need to check the relevant legislation in your state and territory.
- A doctor must report a reportable death to the police as soon as possible.
- The police will notify the coroner and gather necessary information about the death from the:
- hospital staff;
- family;
- friends; and
- other relevant persons.
- Failure to report a reportable death can have significant consequences including:
- having to pay a sum of money (a fine);
- being imprisoned; or
- a finding of professional misconduct.
- In New South Wales there is a maximum penalty of 10 penalty units (currently $1100).
- In Victoria there is a maximum penalty of 20 penalty units (currently $2887.20) and if a doctor issues a death certificate for a reportable case an additional penalty applies.
- In Tasmania a maximum penalty of 10 units applies (currently $1300).
- In Queensland a maximum penalty of 25 units applies (currently $2750) and if a doctor issues a death certificate for a reportable case an additional penalty applies.
- In South Australia a maximum penalty of $10,000 or 2 years imprisonment applies and if a doctor issues a death certificate for a reportable case an additional penalty applies.
- In the Australian Capital Territory a maximum penalty of $7000 or 6 months imprisonment applies.
- In some Australian states and territories failure to report a reportable death can be viewed as professional misconduct and subject to disciplinary action.
- If you are unsure of your reporting obligations you may use our free Find a Lawyer directory to get in touch with an experienced medical lawyer near you.
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