Death cert. for a drowning

[majm]

I agree Dawn as that is how I recall his passing.

[franh1946]

I wrote to the Registrar,Births Deaths and Marriages NSW to enquire whether a death certificate could be issued for my great grandfather, who died in a NSW shipwreck which was the subject of a Marine Board of Enquiry in 1882, and was told that as no certificate was requested by a funeral director at the time of the death (of course, there was no body as ggfather went down with the ship) then none could now be issued. So, no burial, no certificate. Fran

[~MERLIN~]

If there is no body, no death certificate will be issued.

You can apply to the court to have them declared dead.

[LeanneBeckley]

Thanks everyone,
I still think it is strange that just because the body isn't recovered, there is no registration of death.  It seems like a loophole to me.  I suppose I will just have to be grateful that I was able to sort out what happened to him through the Trove website. 
Thanks again to everone who took the time to join in.
Leanne.

[~MERLIN~]

Thanks everyone,
I still think it is strange that just because the body isn't recovered, there is no registration of death.  It seems like a loophole to me. 

Here is an example:

Our missing, presumed drowned on 17 Dec 1967, Prime Minister - Harold Edward HOLT doesn't have a death certificate.

No official federal government inquiry was conducted, on the grounds that it would have been a waste of time and money. Neither was an inquest held at the time because Victorian law did not provide any mechanism for reporting presumed or suspected deaths to the Victorian Coroner.

The family had to apply to the courts for an order to declare him dead commonly known as death in absentia (or presumption of death) which is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time without any evidence that the person is still alive, or when the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died

[ashleighn19]

Merlin,

Do you think that if a man died in 1868 that the same declaration could be made by the family, and if so, where would I go to try and find such a document?

Ash

[majm]

Xactly ... On other hand QLD BDM issued dcs for their QLD AIF residents who fell during WWI and those dcs have F as part of the index ref no.

So different regs in each state.  Aust is a Federation

Cheers JM

Thanks everyone,
I still think it is strange that just because the body isn't recovered, there is no registration of death.  It seems like a loophole to me.  I suppose I will just have to be grateful that I was able to sort out what happened to him through the Trove website. 
Thanks again to everone who took the time to join in.
Leanne.

Here is an example:

Our missing, presumed drowned on 17 Dec 1967, Prime Minister - Harold Edward HOLT doesn't have a death certificate.

No official federal government inquiry was conducted, on the grounds that it would have been a waste of time and money. Neither was an inquest held at the time because Victorian law did not provide any mechanism for reporting presumed or suspected deaths to the Victorian Coroner.

The family had to apply to the courts for an order to declare him dead commonly known as death in absentia (or presumption of death) which is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time without any evidence that the person is still alive, or when the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died

[majm]

May I butt in ... If in NSW ... simply put... NO ..  if a probate matter arose then a witness statement to NSW Supreme Court would surfice ..  eg 'I saw the heavy seas washing across our bows for hours.'  Or 'We have not heard from him since 1868'

Cheers JM

Merlin,

Do you think that if a man died in 1868 that the same declaration could be made by the family, and if so, where would I go to try and find such a document?

Ash

[majm]

Ash

NSW Supreme Ct PROBATE packets are at NSW SRO Kingswood for that era ... I  hope to be there later this month or early March if you are in the city there may be access at The Rocks office.

JM