Author Topic: Is it a legal document  (Read 4592 times)

Offline GeorgeRP

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Is it a legal document
« on: Saturday 30 May 15 12:59 BST (UK) »
Hi All Rootschatters,

I applied for a Cause of Death Certificate from Tasmania BDM.

After 3-4 weeks I received that Document, and I was totally frustrated in what I received.
It was a Post Mortem Certificate showing Cause of Death, and a couple of underlying issues re; that death.
There was no name of the deceased on it, nor when and where he died so basically it is  useless.

Do you think I would well be within my rights  to ask them to manually copy a separate Certificate.
As there is no mention of any person on it, and even though, he is dead now, I would have liked to post it for all to see.
A lot of States just cut & paste Certificates now, as this one was, but it's useless the way it is.

Regards

George
Vincent - Tasmania - Victoria - Australia
Polson - Tasmania - Australia
Broad - Tasmania - Australia

Offline Flattybasher9

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Re: Is it a legal document
« Reply #1 on: Saturday 30 May 15 13:14 BST (UK) »
I would think that the only thing that you can do, considering that there is no person's name on the document, is contact them again and ask for written confirmation as to whom the document relates. As you have stated, the document does give a "Cause of death" but not of whose.

Regards

Malky

Offline Neil Todd

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Re: Is it a legal document
« Reply #2 on: Saturday 30 May 15 13:38 BST (UK) »
A cause of death certificate is not in my mind a death certificate. If it is the result of a Post Mortem then it only pertains to one thing, the cause that the person died from. It doesn't have to name them, it could be John Doe or unnamed person. It is issued by a coroner not the BDM?? Normally it is issued under a file number.

Normally in the case of unexplained deaths and a post mortem, then there is no death certificate, a coronial enquiry is then held to determine if someone should be held to account for the death. But I could be wrong, and don't know the laws in Tassie all that well.

Neil
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Offline Dundee

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Re: Is it a legal document
« Reply #3 on: Saturday 30 May 15 14:03 BST (UK) »
A "Cause of Death Certificate" is just a medical certificate and are really just for the ABS to compile mortality statistics.  They are also useful if you need to know about family medical conditions.  I don't think there is even any space on it to record a name and the place of death is irrelevant to it's intended use.  A standard death cert will give that information but not cause of death after about 1970 in Tas.

I'm not sure what you mean about "cut and paste"?  It is generally considered preferable to have a copy of the original document without all the dreadful transcription mistakes.

Debra  :)


Offline ~MERLIN~

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Re: Is it a legal document
« Reply #4 on: Saturday 30 May 15 15:38 BST (UK) »
MCCOD's for Tasmania post 1970 look like this:

http://www.cocker.id.au/images/ATC/Death%20Certificate.jpg


Offline majm

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Re: Is it a legal document
« Reply #5 on: Sunday 31 May 15 02:24 BST (UK) »
http://www.justice.tas.gov.au/bdm/deaths/applyforcertificate
 
 :) In Tasmania the restricted access period is 25 years for death certificates. 
 :) The document you received is an official document, but simply put, it is not a death certificate.

http://www.justice.tas.gov.au/bdm/access_policy

If your person of interest died less than 25 years ago, and you want the death certificate, you may need to accept that it may not be available to you.  Please note even family are required to go through administrative proceedures, protocols and processes to gain access to non historic death certificates:

"Family
Spouse or registered partner.  Documentary evidence of relationship required if person not named on death record.
Registered parents.  Documentary evidence of relationship required if person/s not named on death record.
Non-parental custodian or guardian.  Documentary evidence of relationship required.
Children.   Documentary evidence of relationship required if person not named on death record.
Brother, sister or next of kin if deceased has no surviving spouse, children or parents.  Documentary evidence of relationship required."


Cheers,  JM

 
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Offline GeorgeRP

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Re: Is it a legal document
« Reply #6 on: Sunday 31 May 15 02:40 BST (UK) »
Hi All Rootschatters,

I am aware of what the criteria is for gaining Certificates from Tasmania.

This is what I got.  Hope it has attached ok.

Regards To everyone who has responded.
Vincent - Tasmania - Victoria - Australia
Polson - Tasmania - Australia
Broad - Tasmania - Australia

Offline majm

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Re: Is it a legal document
« Reply #7 on: Sunday 31 May 15 02:44 BST (UK) »
So, you ordered a Cause of Death certificate.   You did NOT order a death certificate.  Both are quite official documents, and each has its purpose.


ADD
From a submitted tree, it seems your person of interest died in 1978.  So his death certificate should be available as an historic certificate.    I notice that the document you have uploaded (Post Mortem Report Where Death is Due to Natural Causes, form no. 70569) includes the post number of 78  (687/78) and I assume that the "78" represents 1978.   


Cheers,  JM
The information in my posts is provided for academic and non-commercial research purposes. 
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Offline GeorgeRP

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Re: Is it a legal document
« Reply #8 on: Sunday 31 May 15 03:09 BST (UK) »
Hi,

I'm sorry but perhaps you should read all the posts.

I stated I asked for a Cause of Death Certificate for a particular person, [NOT a Death Certificate], they are two different things. What I received could refer to anyone. I do have Cause of Death Certificates from the same source, and I thought I knew what was expected to receive.
Neil Todd's Statement is obviously incorrect, in relation to who issues the report, BDM or Coroner.

Yes, Post 1970 Certificates in Tassie, do not show Cause of Death, but they do tell you who died.

Yes, I got information on how the person died, but if you were reading it, you wouldn't know who it was referring to.
Perhaps my heading was wrongly worded in the first place, as I wasn't using it for any legal purpose. Perhaps it should have read just 'Your thoughts.

Regards

George
Vincent - Tasmania - Victoria - Australia
Polson - Tasmania - Australia
Broad - Tasmania - Australia