J2025-159
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Nurse Practitioners Legislation
Amendment Act 2026
A2026-5
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Births, Deaths and Marriages Registration
Act 1997
4 New section 32F 3
5 Circumstances in which deaths are not to be registered
Section 34 (1) (a) 3
Contents
Page
contents 2 Nurse Practitioners Legislation Amendment Act 2026 A2026-5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Division 6.2 heading 3
7 Section 35 3
8 Section 36 heading 5
9 New section 36 (2) 5
10 Section 36 (as amended) 5
11 New division 6.3 6
12 New section 69A 6
13 Dictionary, note 2 6
14 Dictionary, new definition of cause of death certificate 6
Part 3 Cemeteries and Crematoria Act 2020
15 Section 13 7
16 Section 42 heading 7
17 Section 42 (1) (b) 8
18 Section 42 (2) (a) and (b) 8
19 Dictionary, new definition of cause of death certificate 8
20 Dictionary, note 2 8
Part 4 Coroners Act 1997
21 Coroner’s jurisdiction in relation to deaths
Section 13 (1) (e) and (f) 9
22 Section 13 (5), new definition of cause of death certificate 9
23 Dictionary, note 2 9
Part 5 Medical Treatment (Health Directions)
Act 2006
24 Requirements for non-written health directions
Section 9 (1) 10
25 Dictionary, note 2 10
Schedule 1 Cemeteries and Crematoria Act 2020—
Technical amendments 11
J2025-159
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Nurse Practitioners Legislation
Amendment Act 2026
A2026-5
An Act to amend legislation about nurse practitioners, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Nurse Practitioners Legislation Amendment Act 2026 A2026-5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Nurse Practitioners Legislation Amendment Act 2026.
2 Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be
fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on the
notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
3 Legislation amended
This Act amends the following legislation:
• Births, Deaths and Marriages Registration Act 1997
• Cemeteries and Crematoria Act 2020
• Coroners Act 1997
• Medical Treatment (Health Directions) Act 2006.
Births, Deaths and Marriages Registration Act 1997 Part 2
Section 4
A2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 3
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Part 2 Births, Deaths and Marriages
Registration Act 1997
4 New section 32F
in division 6.1, insert
32F Meaning of cause of death certificate—pt 6
In this part:
cause of death certificate, for a deceased person, means a certificate
by a doctor or nurse practitioner, certifying the death, and cause of
death, of the deceased person.
5 Circumstances in which deaths are not to be registered
Section 34 (1) (a)
substitute
(a) a cause of death certificate; or
6 Division 6.2 heading
substitute
Division 6.2 Notification of deaths
7 Section 35
substitute
35 Doctor must give cause of death certificate to
registrar-general
(1) This section applies if a doctor—
(a) was responsible for a deceased person’s medical care
immediately before the deceased person’s death; or
Part 2 Births, Deaths and Marriages Registration Act 1997
Section 7
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(b) examined the body of a deceased person after the deceased
person’s death; or
(c) has considered information about a deceased person’s medical
history and the circumstances of the deceased person’s death
and is able to form an opinion as to the probable cause of death.
(2) The doctor must give the registrar-general a cause of death certificate
for the deceased person within 48 hours after the deceased person’s
death.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply if the doctor believes on reasonable
grounds that—
(a) another doctor or a nurse practitioner has already given the
registrar-general a cause of death certificate for the deceased
person; or
(b) the death has been reported to a coroner.
Note 1 The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see Criminal Code, s 58).
Note 2 A doctor must not give a cause of death certificate in certain
circumstances (see Cemeteries and Crematoria Act 2020, s 42).
Note 3 Deaths must be reported to a coroner in certain circumstances (see
Coroners Act 1997, s 77).
35A Nurse practitioner may give cause of death certificate to
registrar-general
(1) This section applies if a nurse practitioner—
(a) was responsible for a deceased person’s medical care
immediately before the deceased person’s death; and
(b) is able to form an opinion as to the probable cause of death.
Births, Deaths and Marriages Registration Act 1997 Part 2
Section 8
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(2) The nurse practitioner may give the registrar-general a cause of death
certificate for the deceased person within 48 hours after the deceased
person’s death.
(3) However, a nurse practitioner must not give the registrar-general a
cause of death certificate if the nurse practitioner believes on
reasonable grounds that—
(a) a doctor or another nurse practitioner has already given the
registrar-general a cause of death certificate for the deceased
person; or
(b) the death has been reported to a coroner.
Note 1 A nurse practitioner must not give a cause of death certificate in certain
circumstances (see Cemeteries and Crematoria Act 2020, s 42).
Note 2 Deaths must be reported to a coroner in certain circumstances (see
Coroners Act 1997, s 77).
8 Section 36 heading
substitute
36 Death certificate issued before inquest completed
9 New section 36 (2)
insert
(2) In this section:
death certificate means a certificate issued by the registrar-general
under section 45, certifying particulars contained in an entry in the
register of a person’s death.
10 Section 36 (as amended)
relocate after section 38, as new section 38AA
Part 2 Births, Deaths and Marriages Registration Act 1997
Section 11
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11 New division 6.3
after section 37, insert
Division 6.3 Registration of deaths
12 New section 69A
insert
69A Review of section 35A
(1) The Health Minister must review the operation of section 35A (Nurse
practitioner may give cause of death certificate to registrar-general)
as soon as practicable after the end of 3 years after the day
section 35A commences.
(2) The Health Minister must present a report of the review to the
Legislative Assembly within 6 months after the day the review is
started.
(3) In this section:
Health Minister means the Minister administering the Health
Practitioner Regulation National Law (ACT) Act 2010.
(4) This section expires 4 years after the day it commences.
13 Dictionary, note 2
insert
• nurse practitioner
14 Dictionary, new definition of cause of death certificate
insert
cause of death certificate, for a deceased person, for part 6
(Registration of deaths)—see section 32F.
Cemeteries and Crematoria Act 2020 Part 3
Section 15
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Part 3 Cemeteries and Crematoria
Act 2020
15 Section 13
substitute
13 Meaning of certification document—pt 3
In this part:
certification document, for the human remains of a deceased person,
means—
(a) a doctor’s certificate of fetal death for the deceased person
mentioned in the Births, Deaths and Marriages Registration
Act 1997, section 5 (Notification of births); or
(b) a cause of death certificate for the deceased person; or
(c) a coroner’s certificate for the deceased person mentioned in the
Coroners Act 1997, section 15 (Control and release of body of
deceased); or
(d) if the human remains are of a deceased person who died outside
the ACT—a document (however described), issued under a law
of the place where the person died, that substantially
corresponds to a certificate mentioned in paragraph (a), (b) or
(c).
16 Section 42 heading
substitute
42 Offences—cause of death certificate not to be given by
doctor or nurse practitioner
Part 3 Cemeteries and Crematoria Act 2020
Section 17
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17 Section 42 (1) (b)
substitute
(b) the person is a doctor or nurse practitioner; and
(c) the person gives the registrar-general a cause of death certificate
for the deceased person.
18 Section 42 (2) (a) and (b)
substitute
(a) is a doctor or nurse practitioner; and
(b) gives the registrar-general a cause of death certificate for a
deceased person; and
19 Dictionary, new definition of cause of death certificate
insert
cause of death certificate, for a deceased person—see the Births,
Deaths and Marriages Registration Act 1997, section 32F.
20 Dictionary, note 2
insert
• doctor
• midwife
• nurse
• nurse practitioner
Coroners Act 1997 Part 4
Section 21
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Part 4 Coroners Act 1997
21 Coroner’s jurisdiction in relation to deaths
Section 13 (1) (e) and (f)
substitute
(e) dies and no cause of death certificate has been given by a doctor
or nurse practitioner; or
Note A cause of death certificate is to be given within 48 hours after the
deceased person’s death (see Births, Deaths and Marriages
Registration Act 1997, s 35 and s 35A).
(f) dies not having been attended by a doctor or nurse practitioner
at any time within the 6 months before the death; or
22 Section 13 (5), new definition of cause of death certificate
insert
cause of death certificate, for a deceased person—see the Births,
Deaths and Marriages Registration Act 1997, section 32F.
23 Dictionary, note 2
insert
• nurse practitioner
Part 5 Medical Treatment (Health Directions) Act 2006
Section 24
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Part 5 Medical Treatment (Health
Directions) Act 2006
24 Requirements for non-written health directions
Section 9 (1)
substitute
(1) A health direction (other than a written direction) is not valid unless—
(a) it is witnessed by 2 health professionals, present at the same
time; and
(b) at least 1 of the witnessing health professionals is a doctor or a
nurse practitioner.
25 Dictionary, note 2
insert
• nurse practitioner
Cemeteries and Crematoria Act 2020—Technical amendments Schedule 1
Amendment [1.1]
A2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Cemeteries and Crematoria
Act 2020—Technical
amendments
(see s 3)
[1.1] Section 7
omit
Explanatory note
This amendment omits a redundant definition.
[1.2] Section 17 (6)
omit
right of burial certificate
substitute
right to burial certificate
Explanatory note
This amendment corrects a reference to a defined term.
[1.3] Section 30 (2) (c)
omit
certificate of right to interment
substitute
right to interment certificate
Explanatory note
This amendment corrects a reference to a defined term.
Schedule 1 Cemeteries and Crematoria Act 2020—Technical amendments
Amendment [1.4]
page 12 Nurse Practitioners Legislation Amendment Act 2026 A2026-5
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[1.4] Section 30 (6) and (7) (a) (ii)
omit
right of interment certificate
substitute
right to interment certificate
Explanatory note
This amendment corrects a reference to a defined term.
[1.5] Section 54 (3) (f)
omit
right of burial or right of interment
substitute
right to burial or right to interment
Explanatory note
This amendment corrects a reference to a defined term.
[1.6] Dictionary, definition of death certificate
omit
Explanatory note
This amendment omits a redundant definition.
Cemeteries and Crematoria Act 2020—Technical amendments Schedule 1
Amendment [1.7]
A2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 13
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[1.7] Dictionary, definition of licensee receipt, paragraph (a)
omit
right of burial or right of interment
substitute
right to burial or right to interment
Explanatory note
This amendment corrects a reference to a defined term.