Registration of Births, Deaths and Marriages Act and Another Act Amendment Act of 1967 (Qld)

38 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1967 An Act to Amend " The Registration of Births , Deaths and Marriages Act of 1962 ," and "The Coroners Act of 1958 ," each in certain particulars [ASSENTED TO 5TH APRIL, 19671 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. (1) Short title. This Act may be cited as " The Registration of Births, Deaths and Marriages Act and Another Act Amendment Act of 1967." (2) Operation of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Registration of Births, Etc., Act Amendment Act of 1967, No. 11 39 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF " THE REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT OF 1962 "; PART III-AMENDMENTS OF " THE CORONERS ACT OF 1958." PART II-AMENDMENTS OF " THE REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT OF 1962 3. (1) Construction of Part II. This Part lI of this Act shall be read as one with " The Registration of Births, Deaths and Marriages Act of 1962." (2) Principal Act. " The Registration of Births, Deaths and Marriages Act of 1962," is in this Part II of this Act referred. to as the Principal Act. (3) Collective title . The Principal Act and this Part II of this Act may be collectively cited as " The Registration of Births, Deaths and Marriages Acts, 1962 to 1967." 4. Amendments of s. 5. Section five of the Principal Act is amended by- (a) inserting after the definition " Burial " the following definitions:- " " Child "-When used without qualification means a child born alive. A child shall be deemed to be born alive if the child's heart has beaten after the child has been completely expelled or extracted from its mother; " Child not born alive "-means a child whose heart has not beaten after its complete expulsion or extraction from its mother and who is either- (a) a child of not less than twenty weeks gestation; or (b) a child weighing not less than four hundred grammes at birth; "; and (b) omitting the definition " Still-born child ". 5. Repeal of and new s . 24. The Principal Act is amended by repealing section twenty-four and inserting in its stead the following section " [24.] Notification of perinatal death . (1) Any medical practitioner who attends to the confinement of the mother of a child not born alive or who (whether by order of a coroner or otherwise) examines the body of a child not born alive shall, forthwith after the confinement or examination, lodge with the district registrar for the district in which the confinement happened or, if the place of confinement is unknown, then for the district in which the body is found a medical certificate of cause of perinatal death in the prescribed form or a form to the like effect signed by him and stating to the best of his information and belief the particulars set out in such prescribed form. (2) Any medical practitioner who attends to a child who dies within twenty-eight days after birth or who (whether by order of a coroner or otherwise), makes a post-mortem examination of the body shall, forthwith after the death or examination, lodge with the district registrar for the district in which the death occurred or, if the place of death is unknown, for the district in which the body is found a medical certificate of cause of perinatal death in the prescribed form or a form to the like effect signed by him and stating to the best of his information and belief the particulars set out in such prescribed form.

40 Registration of Births, Etc., Act Amendment Act of 1967, No. 11 (3) Where a post-mortem examination is made of the body of a child who has died within twenty-eight days after birth, the certificate referred to in section thirty-one of this Act shall be the medical certificate of cause of perinatal death referred to in subsection (2) of this section, and accordingly the due lodging by the medical practitioner concerned of such medical certificate shall be a sufficient compliance by him with the provisions of the said section thirty-one relating to the lodgment by him of the certificate referred to in that section. (4) For the purposes of " The Coroners Acts, 1958 to 1967," a medical certificate of cause of perinatal death referred to in this section shall be deemed not to be a medical certificate as to the cause of death except- (a) where it relates to a death concerning which a Coroner has no jurisdiction to inquire and to hold an inquest under that Act; or (b) where, relating to a death concerning which a Coroner has jurisdiction, the issue of a medical certificate as to the cause of death is not prohibited by that Act or, if prohibited, the Coroner has consented to that certificate being issued as a medical certificate as to the cause of death for the purposes of that Act. (5) (a) Every district registrar (other than the Registrar-General) shall as required by the Registrar-General transmit to the Registrar- General all medical certificates of cause of perinatal death lodged with him. (b) In the case of every child who has died within twenty-eight days after birth, the district registrar shall insert in the register of deaths the cause of death shown in such certificate. (c) In the case of every child not born alive- (i) The Registrar-General shall transmit such certificate to the Government Statistician who may retain it for such period as he requires and thereafter may destroy it; (ii) no copy of or extract from any such certificate shall be given by or to any person except for the information of a coroner or for the purpose of medical research or enquiry." 6. Amendment of s. 25. Section twenty-five of the Principal Act is amended by omitting the word " twenty-four ". 7. Amendments of s. 34 . Section thirty-four of the Principal Act is amended by- (a) omitting the words " or of a still-born child "; and (b) omitting the words " or still-birth ", where those words appear twice. 8. Amendment of s. 39. Section thirty-nine of the Principal Act is amended by inserting after the words " district registrar " the words " or any assistant district registrar ". 9. Amendment of s. 44 (1). Subsection (1) of section forty-four of the Principal Act is amended by omitting the words " still-born child ", wherever appearing, and wheresoever they are omitted inserting in their stead the words " child not born alive ".

Registration of Births, Etc., Act Amendment Act of 1967, No. 11 41 PART 111-AMENDMENTS OF " THE CORONERS ACT OF 1958 " 10. (1) Construction of Part III. This Part III of this Act shall be read as one with " The Coroners Act of 1958." (2) Collective title . " The Coroners Act of 1958 " and this Part III of this Act may be collectively cited as " The Coroners Acts, 1958 to 1967." 11. Amendment of s. 5 . Section five of " The Coroners Act of 1958 " is amended by- (a) inserting after the definition " Body " the following definition:- " " Child not born alive "-means a child whose heart has not beaten after its complete expulsion or extraction from its mother and who is either- (a) a child of not less than twenty weeks' gestation; or (b) a child weighing not less than four hundred grammes at birth;"; and (b) omitting the definition " Still-born child ". 12. Amendment of s. 18 (1). Subsection (1) of section eighteen of " The Coroners Act of 1958 " is amended by in paragraph (ii) omitting the words " still-born child " and inserting in their stead the words " child not born alive ". 13. Amendments of s. 21 . Section twenty-one of " The Coroners Act of 1958 " is amended by- (a) in subsection (1)- (i) omitting, where appearing in subparagraph (ii) of paragraph (a), the words, brackets, numeral and quotation marks " section twenty- nine of " The Registration of Births Deaths and Marriages Act of 1855 " (as subsequently amended) " and inserting in their stead the words, numerals and quotation marks " section thirty-nine of " The Registration of Births, Deaths and Marriages Acts, 1962 to 1967 " "; (ii) omitting, where appearing in paragraph (b), the words still-born child " and inserting in their stead the words " child not born alive ". (iii) omitting, where appearing in subparagraph (i) of paragraph (b) the words, numerals and quotation marks " " The Nurses and Masseurs Registration Acts, 1928 to 1948," " and inserting in their stead the words, numeral and quotation marks " " The Nurses Act of 1964 " "; (b) in subsection (2) omitting the words " still-born child " and inserting in their stead the words " child not born alive "; and (c) in subsection (5) omitting, where appearing in paragraph (ii), the words " still-born child " and inserting in their stead the words " child not born alive ". 14. Amendments of s. 23 . Section twenty-three of " The Coroners Act of 1958 " is amended by- (a) in subsection (1) omitting the words " still-born child " and inserting in their stead the words " child not born alive "; and (b) in subsection (2) omitting the words " still-born child " and inserting in their stead the words " child not born alive ".

42 Registration of Births, Etc., Act Amendment Act of 1967, No. 11 15. Amendment of s. 24. Section twenty-four of "The Coroners Act of 1958 " is amended by omitting the words, brackets, numeral and quotation marks " subsection seven of section twenty-eight of " The Registration of Births Deaths and Marriages Act of 1855 " (as subsequently amended) to be contained in the certificate in that subsection referred to " and inserting in their stead the words, numerals and quotation marks " section thirty-five of " The Registration of Births, Deaths and Marriages Acts, 1962 to 1967," to be contained in the certificate referred to in that section ".