§ 40 — Correction of error of fact or substance in record in register

40.—(1) The Registrar‑General may correct an error of fact or substance in any record in the register of deaths —(a)

in the case where the death registration is based on death particulars submitted by a medical practitioner under section 23(2) — subject to subsection (2), after receiving from that medical practitioner or any other medical practitioner information (given in the form and manner required by the Registrar‑General) that specifies the death particulars to be corrected in the record; or

(b)

in any case —(i)

after receiving a Coroner’s certificate or an amended Coroner’s certificate that contains death particulars that differ from those in the record; or

(ii)

after receiving a request from any person.

(2) Subsection (1)(a) does not apply to a death if a Coroner’s certificate is issued for the death after the death particulars are submitted by a medical practitioner under section 23(2).

(3) The Registrar‑General may correct an error of fact or substance in any record in the register of births or register of stillbirths after receiving a request from any person.

(4) A request mentioned in subsection (1)(b)(ii) or (3) must contain and be accompanied by the information and evidence required by the Registrar‑General.

(5) A person who makes a request mentioned in subsection (1)(b)(ii) or (3) must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the request, or verifies the accuracy of the matters contained in or accompanying the request, within the time the Registrar‑General requires.

(6) Despite subsections (1) and (3), the Registrar‑General may, on the Registrar‑General’s own volition, correct any error of fact or substance in any record in a register that the Registrar‑General discovers or is informed of.

(7) The correction of an error under this section may be made in the form and manner that the Registrar‑General thinks fit.

—(1) The Registrar‑General may correct an error of fact or substance in any record in the register of deaths —(a)

in the case where the death registration is based on death particulars submitted by a medical practitioner under section 23(2) — subject to subsection (2), after receiving from that medical practitioner or any other medical practitioner information (given in the form and manner required by the Registrar‑General) that specifies the death particulars to be corrected in the record; or

(b)

in any case —(i)

after receiving a Coroner’s certificate or an amended Coroner’s certificate that contains death particulars that differ from those in the record; or

(ii)

after receiving a request from any person.

(2) Subsection (1)(a) does not apply to a death if a Coroner’s certificate is issued for the death after the death particulars are submitted by a medical practitioner under section 23(2).

(3) The Registrar‑General may correct an error of fact or substance in any record in the register of births or register of stillbirths after receiving a request from any person.

(4) A request mentioned in subsection (1)(b)(ii) or (3) must contain and be accompanied by the information and evidence required by the Registrar‑General.

(5) A person who makes a request mentioned in subsection (1)(b)(ii) or (3) must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the request, or verifies the accuracy of the matters contained in or accompanying the request, within the time the Registrar‑General requires.

(6) Despite subsections (1) and (3), the Registrar‑General may, on the Registrar‑General’s own volition, correct any error of fact or substance in any record in a register that the Registrar‑General discovers or is informed of.

(7) The correction of an error under this section may be made in the form and manner that the Registrar‑General thinks fit.