Reportable deaths

Not every death is reported to the coroner.

A death must be reported when any of the following apply:

• The death was unexpected, unnatural or violent.
• The death resulted, directly or indirectly, from an accident or injury.
• The death happened during an anaesthetic or because of an anaesthetic and was not due to natural causes.
• The person died while being held in care or custody.
• The death was caused by, or contributed to by, injuries the person received while in custody.
• The identity of the person who died is unknown.
• A medical certificate stating the cause of death has not been issued and is unlikely to be issued.

Who must report a death

Usually, the coroner is notified by:

• police officers
• corrections officers
• medical practitioners.

Some service providers must also report a death if the person was in their care, such as:

• National Disability Insurance Scheme (NDIS) providers, when a NDIS participant dies and the death is reportable
• aged care providers (when a resident dies and the death is reportable)

Every person has a legal duty to report a reportable death if they believe it has not already been reported.

Failing to report a reportable death is a criminal offence and can lead to a fine.

What happens when a death is reported

Once a death is reported to the coroner:

• the coroner’s office informs the senior next of kin, usually a family member
• a decision is made about whether an autopsy is needed
• an investigation is carried out
• the coroner decides whether an inquest will be held.

When a medical certificate cause of death is not issued

If a person appears to have died from natural and expected causes, a medical practitioner must issue a cause of death certificate if they can identify the probable cause.

If the doctor cannot determine the cause of death, or has concerns about the circumstances, they must report the death to the coroner.

Death in care

A death in care must be reported to the coroner, and an inquest is mandatory.

A death in care includes:

• the death of a child in the CEO’s care under the Care and Protection of Children Act 2007
• the death of a patient who is in custody, an involuntary patient, under the Mental Health and Related Services Act 1998, whether in hospital or temporarily away from hospital.

Death in custody

A death in custody must also be reported to the coroner, and an inquest is mandatory.

A death in custody occurs when a person dies:

• while in the custody or control of police (including AFP), the Commissioner of Correctional Services, or a sheriff under the Sheriff Act 1962
• inside a custodial correctional facility or a youth detention centre
• while being taken into custody, during escape or while escaping from custody
• while lawfully detained anywhere in the Territory under any Act, including Commonwealth laws, or while escaping from such detention.