Births, Deaths and Marriages Registration Act 2023

This section applies if a child makes an application under section 56.

The child may also apply to the Childrens Court for an order dispensing with the requirement to serve a copy of the application on 1 or more of the respondents (the requirement).

The Childrens Court must not make an order under subsection (2) unless the court is satisfied that the requirement could reasonably be expected to adversely affect the child.

For subsection (3), a child is not adversely affected only because—

1 or more of the respondents does not support the issue of a recognised details certificate for the child; and

that lack of support causes discomfort to the child.

The child may make submissions to the Childrens Court about whether the court should make an order under subsection (2).

If the child makes submissions under subsection (5), the Childrens Court must, after considering the submissions, decide whether the requirement could reasonably be expected to adversely affect the child.

If the Childrens Court decides that the child could not reasonably be expected to be adversely affected by the requirement, the court must give the child a written notice stating—

the reasons for the court’s decision; and

that the child may, in writing, withdraw the application before the end of a stated period of at least 28 days after the day the notice is given; and

that the child may appeal against the court’s decision under section 78(2) within 28 days after the decision is made.