The registration of a death

Unless stated otherwise, all references to legislation in this section are to the Births, Deaths and Marriages Registration Act 1996 (Vic) (‘BDMR Act’).

Under section 34 of the BDMR Act, when a person dies in Victoria, their death must be registered in Victoria. When a person dies outside of Victoria, but leaves assets in Victoria, their death may be registered in Victoria (s 34).

A doctor who attended a person during their last illness, or who examined the body after death, must sign and send to the BDM registrar and the funeral director concerned, a notification of the death, as prescribed by section 37(1) of the BDMR Act, within 48 hours of the death.

This notification must be supplemented by a completed form given to the BDM registrar within seven days of the disposal of the body by the funeral director or the person who has custody of the body (s 39(1)). If the remains are not disposed of within 30 days of the death, the funeral director or the person disposing of the body must notify the registrar of this fact in the manner prescribed by the registrar. Failure to do so is an offence (s 39(2)).

The name and address of the medical practitioner who certified the death can be found on the death certificate (under the Births, Deaths and Marriages Registration Regulations 2019 (Vic) reg 8). 

The registration of a death

Chapter: 9.5: Funerals

Contributor: Justin Rizzi, Barrister

Current as of: 1 September 2024

Law Handbook Page: 826

Next Section: Arranging a funeral