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Application of Act to stillbirths
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3. The Principal Act is amended by the insertion of the following section after section 2:
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“2A. (1) This Act, other than sections 17, 18, 33A and 40, shall, where the context so requires, apply to a stillborn child in the same manner as it applies to a deceased person subject to the modification that the provisions in subsections (2) to (5) shall apply to a stillborn child instead of sections 17, 18 and 33A, and any other necessary modifications.
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(2) Where a coroner is informed that the body of a stillborn child is lying within his or her district and that a medical certificate stating that the cause of death due to a natural cause or causes is not procurable, he or she may inquire into the circumstances of the death of the stillborn child and direct that a post-mortem examination of the body of the stillborn child be made under this Act and, if he or she is unable to ascertain the cause of death, may, if he or she so thinks proper, hold an inquest in relation to the death.
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(3) A coroner may, for the purposes of performing his or her functions under subsection (2), have regard to any of the following circumstances in so far as they applied, or may have applied, to the mother of the stillborn child concerned and the likelihood that they may have caused or contributed to the death of the stillborn child:
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(a) violence affecting the mother of the stillborn child at the time of the death, or immediately before the death, of the stillborn child;
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(b) the mother of the stillborn child was in State custody or detention at the time of the death, or immediately before the death, of the stillborn child;
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(c) the mother of the stillborn child was involved in an accident at work or was affected by an industrial or occupational injury or disease or industrial poisoning at the time of the death, or immediately before the death, of the stillborn child;
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(d) the death of the mother occurred unexpectedly and from unknown causes or in an unexplained manner;
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(e) the death of the mother was a maternal death or a late maternal death;
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(f) the death of the mother occurred in circumstances which, under provisions in that behalf in any other enactment, require that an inquest in relation to her death should be held.
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(4) When deciding under subsection (2) whether to hold an inquest in relation to the death of a stillborn child, a coroner shall—
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(a) have regard to the matters referred to in subsection (5), and
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(b) if it is practicable to do so, consult with a family member of the stillborn child.
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(5) The matters to which a coroner shall have regard for the purposes of subsection (4) include the following:
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(a) whether the death of the stillborn child concerned has been reported to the coroner in accordance with section 16A;
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(b) whether, upon inquiry by the coroner into the death, sufficient information in respect of the death of the stillborn child concerned has been provided to the coroner;
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(c) whether a post-mortem examination of the body of the stillborn child concerned has been made under this Act and the report of that examination;
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(d) the views (if any) of a family member of the stillborn child concerned furnished to the coroner in writing as to whether the death was a natural one.”.
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