Births, Deaths and Marriages Registration Regulation 1998

This regulation is the Births, Deaths and Marriages Registration Regulation 1998.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘birth parent—see the Act, section 4B.’ means that the term ‘birth parent’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

For the Act, section 5 (2) (a), the following particulars are prescribed:

if the child was born in a hospital or was brought to a hospital within 24 hours after birth—the name of the hospital;

if the sex of the child is determinable—the sex of the child;

the date of birth of the child;

whether the child was born alive or stillborn;

the weight of the child at birth and, if the child was stillborn, the period of gestation of the child;

whether or not the birth was a multiple birth;

the name and place of residence of the birth parent of the child;

the name of the doctor or midwife responsible for the professional care of the birth parent at the birth;

if it is known that the child is to be adopted—an indication of that fact;

the name and occupation of the person giving the notice.

For subsection (1) (e)—

a weight must be expressed in grams; and

a period must be expressed in completed weeks.

For the Act, section 11 (1), the following particulars are prescribed:

the name of the child;

if the sex of the child is determinable—the sex of the child;

the date and place of birth of the child;

whether the child was born alive or stillborn;

whether or not the birth was a multiple birth and, if it was, the number of children born as a result of the multiple birth and the number of those children born before the child;

the name, any former name and the occupation and place of residence of the birth parent of the child;

the place of birth of the birth parent of the child and the birth parent’s date of birth or, if the date of birth is not known, the birth parent’s age;

the name, any former name, and the occupation and place of residence of the other parent (other than the birth parent) of the child;

the place of birth of the other parent (other than the birth parent) of the child and the other parent’s date of birth or, if the date of birth is not known, the other parent’s age;

whether or not the parents of the child are in a domestic partnership;

Note For the meaning of domestic partnership, see the Legislation Act, s 169.

if the parents of the child are married, in a civil union or civil partnership—the date and place of the marriage, civil union or civil partnership;

the name and age of each other child of the relationship of the parents of the child in order of birth (including any adopted or stillborn child but not including any child given up for adoption);

the number of any deceased children of the relationship of the parents of the child;

the name of not less than 1 person who witnessed the birth including, if the birth was witnessed by a doctor, midwife or nurse, the name of not less than 1 of them;

the name, occupation, place of residence and relationship to the child, if any, of the person providing the information.

For subsection (1) (f) to (i), the word ‘mother’ or ‘father’ may be used to describe either or both parent’s relationship with the child.

For subsection (1) (e), a stillborn child need not be included in a multiple birth if—

the child showed no sign of a heartbeat before 20 weeks gestation; and

after consulting the other parent of the child, the birth parent decides not to include the child.

For subsection (1) (l), particulars of a stillborn child need not be given if—

the child showed no sign of a heartbeat before 20 weeks gestation; and

after consulting the other parent of the child, the birth parent decides not to give those particulars.

However, for subsections (3) (b) and (4) (b), the birth parent is not required to consult the other parent if it is not reasonably practicable or appropriate in the circumstances to consult the other parent.

Examples

1 the other parent is not contactable

2 the other parent’s identity is not known

3 the terms of an agreement state that the other parent must not be contacted

4 there is a risk of family or personal violence against the birth parent or another person

The following particulars are prescribed:

the person’s name immediately before the change of name;

the name shown on the person’s original birth certificate, and any other former names of the person;

the person’s name as changed;

the person’s sex;

the person’s date and place of birth;

the name and any former name of the person’s birth parent;

the name and any former name of the person’s other parent (other than the birth parent).

For the Act, section 24 (4), the following particulars are prescribed:

the name, any former name, the place of residence and the date and place of birth of the relevant person;

if known, the name and any former name of the relevant person’s birth parent;

if known, the name and any former name of the relevant person’s other parent (other than the birth parent);

the sex shown on the relevant person’s original birth certificate.

In this section, a reference to a relevant person is a reference to—

a person who lodges an application under the Act, section 24 (1); or

a child in relation to whom an application is lodged under the Act, section 24 (2).

The following people are prescribed:

a parent of, or person with parental responsibility for, the person;

an executor or administrator of the estate of the person;

a lawyer authorised by a person mentioned in—

paragraph (a) or (b); or

the Act, section 27 (4) (a) or (b).

8 Prescribed circumstances for consent by stated person with parental responsibility—Act, s 19A (b) (ii) (C), s 24 (1) (a) (ii) (C) and s 29A (1) (a) (ii) (C)

This section applies in relation to an application mentioned in any of the following sections of the Act:

section 19A (b) (ii) (C);

section 24 (1) (a) (ii) (C);

section 29A (1) (a) (ii) (C).

If a circumstance mentioned in column 2 of an item in table 8 applies, the person or people mentioned in column 3 of the item must consent to the application.

Table 8

column 1

item

column 2

prescribed circumstance

column 3

stated person with parental responsibility

1

1 person (other than a parent) has long-term care responsibility for the young person under a provision of a care and protection order

Examples

 a long-term parental responsibility provision

 an enduring parental responsibility provision

the person with long-term care responsibility

2

2 or more people have shared long‑term care responsibility for the young person under a provision of a care and protection order

every person with shared long-term care responsibility from whom consent can practicably and reasonably be obtained

3

the appointment of a testamentary guardian for the young person is in effect under the Testamentary Guardianship Act 1984 and it is not practicable or reasonable to obtain the consent of any surviving parent

the young person’s testamentary guardian

4

the appointment of 2 or more testamentary guardians for the young person is in effect under the Testamentary Guardianship Act 1984 and it is not practicable or reasonable to obtain the consent of any surviving parent

every testamentary guardian of the young person from whom consent can practicably and reasonably be obtained

5

a parenting order under the Family Law Act 1975 (Cwlth), s 65D is in effect that includes parental responsibility for a person (other than a parent) to make decisions about major long-term issues for the young person

the person with parental responsibility for major long-term issues

6

a parenting order under the Family Law Act 1975 (Cwlth), s 65D is in effect that includes parental responsibility for 2 or more people to make decisions about major long‑term issues for the young person

every person with parental responsibility for major long-term issues from whom consent can practicably and reasonably be obtained

In this section:

care and protection order—see the Children and Young People Act 2008, section 422.

enduring parental responsibility provision—see the Children and Young People Act 2008, section 481.

long-term care responsibility, for a child or young person—see the Children and Young People Act 2008, section 20.

major long-term issues—see the Family Law Act 1975 (Cwlth), section 4 (1).

testamentary guardian—see the Testamentary Guardianship Act 1984, section 6.

The following particulars are prescribed:

the date and place of the declaration under the Civil Unions Act 2012, section 9 (How civil union is entered into);

the full name of at least 1 witness to the declaration;

the celebrant’s full name;

details of the civil union celebrant’s registration under that Act, part 3;

the following particulars for each person who is a party to the civil union:

the person’s full name;

the person’s home address;

the person’s date and place of birth;

the person’s relationship status before entering into the civil union;

the person’s occupation;

the full name of each of the person’s parents.

In this section:

relationship status means the status or condition of being—

single; or

divorced; or

widowed; or

the domestic partner (other than the spouse or civil union partner) of someone else.

Note For the meaning of domestic partner, see the Legislation Act, s 169.

The following particulars are prescribed:

for a civil union ended under the Civil Unions Act 2012, section 12 (Ending civil union by parties)—

the date the termination notice was given to the registrar‑general under that Act, section 12 (1); and

the date the civil union ended;

for a civil union ended under the Civil Unions Act 2012, section 14 (Ending civil union by court order)—

the date the order was made; and

the date the civil union ended.

The following particulars are prescribed:

the date and place of registration of the civil partnership under the Domestic Relationships Act 1994, section 37F (1) (a) (Decision on application);

the following particulars for each person who is a party to the civil partnership:

the person’s full name;

the person’s home address;

the person’s date and place of birth;

the person’s relationship status before entering into the civil partnership;

the person’s occupation;

the full name of each of the person’s parents.

In this section:

relationship status means the status or condition of being—

single; or

divorced; or

widowed; or

the domestic partner (other than the spouse, civil union partner or civil partner) of someone else.

Note For the meaning of domestic partner, see the Legislation Act, s 169.

The following particulars are prescribed:

for a civil partnership ended under the Domestic Relationships Act 1994, section 37I (Ending civil partnership by parties)—

the date the termination notice was given to the registrar‑general under that Act, section 37I (1); and

the date the civil partnership ended;

for a civil partnership ended under the Domestic Relationships Act 1994, section 37K (Ending civil partnership by court order)—

the date the order was made; and

the date the civil partnership ended.

For the Act, section 37 (1) (d), the following information is required:

the date and place of death of the deceased;

the sex of the deceased;

the date and place of birth of the deceased;

whether the deceased was an Aboriginal or Torres Strait Islander person;

the usual occupation of the deceased;

if the deceased was born outside Australia—the length of the period during which he or she has been in Australia;

whether or not the deceased was in a domestic partnership at the time of death;

if the deceased had been in a domestic partnership at any time—

if the deceased had been married, in a civil union or civil partnership—the date and place of each marriage, civil union or civil partnership; and

in any case—the name and any former name of each domestic partner.

Note For the meanings of domestic partner and domestic partnership, see the Legislation Act, s 169.

the name of each child of the deceased (including any adopted child but not including any child given up for adoption) in order of birth, indicating the age of the child at the date of death of the deceased and whether the child predeceased the deceased;

the name, any former name and the occupation of the birth parent of the deceased;

the name, any former name and the occupation of the other parent (other than the birth parent) of the deceased;

the date of the disposal of the remains of the deceased;

the name and address of the funeral director or other person who arranged for the disposal of the remains;

if a celebrant was present at the burial or cremation—the name of the celebrant and, if the celebrant is a minister of religion, his or her denomination;

the name of a person who witnessed the disposal of the remains.

In this section:

Aboriginal or Torres Strait Islander person means a person who—

was a descendant of an Aboriginal person or Torres Strait Islander person; and

identified as an Aboriginal person or Torres Strait Islander person; and

was accepted as an Aboriginal person or Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.