1Purpose
The main purpose of this Act is to provide for the registration of births, deaths, marriages and changes of name in Victoria.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to provide for the registration of births, deaths, marriages and changes of name in Victoria.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 31 December 1997, it comes into operation on that day.
The objects of this Act are to provide for—
the registration of births, deaths and marriages in Victoria; and
the registration of changes of name; and
the keeping of registers for recording and preserving information about births, deaths, marriages, changes of name and adoptions in perpetuity; and
S. 3(caa) inserted by No. 76/2008 s. 149.
the keeping of information relating to donors and surrogacy arrangements under the Assisted Reproductive Treatment Act 2008; and
S. 3(ca) inserted by No. 29/2004 s. 3(1), substituted by No. 25/2019 s. 4(a).
the alteration of the record of sex in a birth registration; and
access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State; and
the issue of certified and uncertified information from the registers; and
S. 3(ea) inserted by No. 29/2004 s. 3(2), substituted by No. 25/2019 s. 4(b).
the issue of documents acknowledging the name and sex of persons whose birth is registered in a place other than Victoria; and
S. 3(eb) inserted by No. 20/2022 s. 41.
the issue of integrated birth certificates to adopted persons; and
the collection and dissemination of statistical information.
In this Act—
S. 4(1) def. of acknowledge-ment of sex application inserted by No. 25/2019 s. 5(d).
acknowledgement of sex application means an application by or on behalf of a restricted person under section 30A, 30B, 30E or 30EA;
adult means a person who—
is 18 years of age or more; or
although under 18 years of age, is or has been married;
S. 4(1) def. of approval inserted by No. 25/2019 s. 5(d), amended by No. 32/2024 s. 915(a).
approval means a decision approving the making of an acknowledgement of sex application given by—
the Secretary under section 560 of the Youth Justice Act 2024; or
the Secretary under section 47P of the Corrections Act 1986; or
the Adult Parole Board under section 79HD of the Corrections Act 1986; or
the Post Sentence Authority under section 265D of the Serious Offenders Act 2018; or
the Chief Commissioner of Police under section 70S of the Sex Offenders Registration Act 2004;
birth includes still-birth;
birth registration statement means a statement required to be lodged with the Registrar under section 14;
change, in relation to a name, includes an addition, omission or substitution;
S. 4(1) def. of child inserted by No. 36/2004 s. 16.
child means a person under 18 years of age;
corresponding law means a law of another State that—
provides for the registration of births, deaths and marriages; and
has been declared to be a corresponding law for the purposes of this Act by an Order made under subsection (2);
S. 4(1) def. of Council inserted by No. 36/2004 s. 16, substituted by No. 46/2008 s. 247(1).
Council means CCOPMM within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008;
Court means the County Court;
death does not include a still-birth;
disposal of human remains means—
cremation of the remains; or
burial of the remains (including burial at sea); or
placing the remains in a mausoleum or other permanent resting place; or
placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or
removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);
S. 4(1) def. of doctor amended by No. 97/2005 s. 182(Sch. 4 item 5), substituted by No. 13/2010 s. 34(a).
doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 4(1) def. of Donor Conception Registrar inserted by No. 39/2024 s. 81(a).
Donor Conception Registrar has the same meaning as in the Assisted Reproductive Treatment Act 2008;
funeral director means a person who carries on the business of arranging for the disposal of human remains;
S. 4(1) def. of Institute inserted by No. 36/2004 s. 16, amended by Nos 77/2008 s. 129(Sch. 2 item 3.1(a)), 34/2024 s. 43.
Institute has the same meaning as in section 3 of the Victorian Institute of Forensic Medicine Act 2024;
S. 4(1) def. of integrated birth certificate inserted by No. 20/2022 s. 42.
integrated birth certificate means a certificate referred to in section 46A(1);
S. 4(1) def. of interstate recognition certificate inserted by No. 29/2004 s. 4, substituted by No. 25/2019 s. 5(a).
interstate recognition certificate means a current certificate identifying a person as being of a particular sex that is issued under a law of another State that relates to the recognition of a person's sex;
S. 4(1) def. of Justice Secretary inserted by No. 25/2019 s. 5(d).
Justice Secretary means the Secretary to the Department of Justice and Community Safety;
S. 4(1) def. of midwife inserted by No. 13/2010 s. 34(b).
midwife means a person registered under the Health Practitioner Regulation National Law—
to practise in the nursing and midwifery profession as a midwife (other than as a student); and
in the register of midwives kept for that profession;
S. 4(1) def. of neonatal death inserted by No. 36/2004 s. 16.
neonatal death means the death of a live-born child within 28 days after the birth;
S. 4(1) def. of parent inserted by No. 76/2008 s. 150(1).
parent means a person who is presumed under the Status of Children Act 1974 to be the mother, father or parent of a child;
S. 4(1) def. of partner inserted by No. 76/2008 s. 150(1).
partner, in relation to a person, means—
the person's spouse; or
a person who lives with the first person as a couple on a genuine domestic basis;
perinatal death means—
the death of a live-born child within 28 days after the birth; or
a still-birth;
prohibited name means a name that—
is obscene or offensive; or
could not practicably be established by repute or usage—
because it is too long; or
because it consists of or includes symbols without phonetic significance; or
for some other reason; or
is contrary to the public interest for some other reason;
S. 4(1) def. of prohibited sex descriptor inserted by No. 25/2019 s. 5(d).
prohibited sex descriptor means a sex descriptor—
that is obscene or offensive; or
that could not practicably be established by repute or usage—
because it is too long; or
because it consists of or includes symbols without phonetic significance; or
for some other reason;
S. 4(1) def. of registrable event amended by No. 76/2008 s. 150(2), substituted by No. 25/2019 s. 5(b).
registrable event means—
a birth; or
a change of name; or
an alteration of the record of sex in a birth registration; or
a death; or
a marriage; or
an adoption; or
a surrogacy arrangement;
registrable information means information that must or may be included in the Register;
Register means the Register established under Part 7;
registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages;
Registrar means the Registrar of Births, Deaths and Marriages;
S. 4(1) def. of restricted person inserted by No. 25/2019 s. 5(d), amended by No. 32/2024 s. 915(b).
restricted person means a person who is—
a child or young person (both within the meaning of the Youth Justice Act 2024) who is held in custody in a youth justice custodial centre within the meaning of that Act; or
a prisoner within the meaning of section 3(1) of the Corrections Act 1986; or
a prisoner on parole within the meaning of section 79HA of the Corrections Act 1986; or
an offender within the meaning of section 265A of the Serious Offenders Act 2018; or
a registrable offender within the meaning of section 3(1) of the Sex Offenders Registration Act 2004;
S. 4(1) def. of reviewable death inserted by No. 36/2004 s. 16, substituted by No. 77/2008 s. 129(Sch. 2 item 3.1(b)).
reviewable death has the same meaning as in section 5 of the Coroners Act 2008;
S. 4(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 47(1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 4(1) def. of sex affirmation surgery inserted by No. 29/2004 s. 4, amended by No. 25/2019 s. 5(c).
sex affirmation surgery means a surgical procedure involving the alteration of a person's reproductive organs carried out for the purpose of assisting the person to be considered to be a member of a particular sex;
S. 4(1) def. of sex descriptor inserted by No. 25/2019 s. 5(d).
sex descriptor includes—
male; or
female; or
any other sex;
S. 4(1) def. of sibling inserted by No. 36/2004 s. 16, amended by No. 77/2008 s. 129(Sch. 2 item 3.1(c)).
sibling has the same meaning as in section 3(1) of the Coroners Act 2008;
State includes a Territory;
still-birth means the birth of a still-born child;
still-born child means a child of at least 20 weeks' gestation or, if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, with a body mass of at least 400 grams at birth, that exhibits no sign of respiration or heartbeat, or other sign of life, after birth;
S. 4(1) def. of surrogacy arrangement inserted by No. 76/2008 s. 150(1).
surrogacy arrangement has the meaning given by the Assisted Reproductive Treatment Act 2008;
S. 4(1) def. of surrogate mother inserted by No. 76/2008 s. 150(1), amended by No. 39/2024 s. 81(b).
surrogate mother means a woman who gives birth to a child pursuant to a surrogacy arrangement.
S. 4(1) def. of Tribunal repealed by No. 52/1998 s. 311(Sch. 1 item 9.1).
* * * * *
S. 4(1) def. of VARTA inserted by No. 6/2016 s. 38, amended by No. 25/2019 s. 20, repealed by No. 39/2024 s. 81(c).
* * * * *
The Governor in Council, by Order published in the Government Gazette, may declare a law of another State to be a corresponding law for the purposes of this Act.
The Governor in Council, by Order published in the Government Gazette, may revoke or vary an Order made under subsection (2).
S. 5 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 19), 12/2008 s. 73(1)(Sch. 1 item 4.1).
A Registrar of Births, Deaths and Marriages must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act and the Relationships Act 2008.
The Registrar's general functions are—
S. 6(a) amended by No. 12/2008 s. 73(1)(Sch. 1 item 4.2).
to establish and maintain the registers necessary for the purposes of this Act and the Relationships Act 2008; and
S. 6(b) amended by No. 12/2008 s. 73(1)(Sch. 1 item 4.3).
to administer the registration system established by this Act and the Relationships Act 2008 and ensure that they operate efficiently, effectively and economically; and
S. 6(ba) inserted by No. 36/2004 s. 17, amended by Nos 77/2008 s. 129(Sch. 2 item 3.2), 34/2024 s. 44.
to provide information in relation to reviewable deaths for the purposes of the Coroners Act 2008 and the Victorian Institute of Forensic Medicine Act 2024 including information in relation to—
the identification of living siblings; and
known or registered previous child deaths including neonatal deaths; and
S. 6(bb) inserted by No. 76/2008 s. 151.
to perform functions given to the Registrar by the Assisted Reproductive Treatment Act 2008; and
S. 6(bc) inserted by No. 14/2025 s. 8.
to perform functions given to the Registrar by the Adoption Act 1984; and
S. 6(c) amended by No. 12/2008 s. 73(1)(Sch. 1 item 4.4).
to ensure that this Act and the Relationships Act 2008 are administered in the way best calculated to achieve the objects of this Act and the Relationships Act 2008.
S. 7 substituted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 19), 12/2008 s. 73(1)(Sch. 1 item 4.5).
Any other employees that are necessary for the purposes of this Act and the Relationships Act 2008 may be employed under the Public Administration Act 2004.
S. 8 amended by Nos 46/1998 s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item 12), 12/2008 s. 73(1)(Sch. 1 item 4.6).
The Registrar, by instrument, may delegate to a person employed pursuant to section 7 any of the Registrar's powers under this Act and the Relationships Act 2008, other than this power of delegation.
The Registrar has a seal.
The Registrar may issue a certificate or other document under the Registrar's signature and seal, or a facsimile of the Registrar's signature and seal produced by stamp or machine imprint or by a prescribed method.
All courts must take judicial notice of the Registrar's signature and seal or facsimile of the Registrar's signature and seal produced in accordance with subsection (1) affixed to a certificate or other document and, until the contrary is proved, must presume that it was duly affixed.
The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for—
the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and
the exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act.
When an arrangement is in force under this section—
the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement) the powers and functions of the registering authority under the corresponding law; and
the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement) the powers and functions of the Registrar under this Act.
An arrangement under this section may—
establish a data base in which information is recorded for the benefit of all the participants in the arrangement; and
provide for access to information contained in the data base; and
provide for payments by or to participants in the arrangement for services provided under the arrangement.
When a child is born in the State, the responsible person must give notice of the birth to the Registrar including any particulars required by the Registrar.
Notice under subsection (1) may be given—
in writing; or
in any other manner approved by the Registrar by notice published in the Government Gazette.
The notice must be given—
in the case of a child born alive, within 21 days after the birth;
in the case of a still-birth, within 48 hours after the birth.
When notice of a still-birth is given, the responsible person must also give the Registrar a doctor's certificate, in a form approved by the Registrar, certifying the cause of foetal death.
The doctor's certificate referred to in subsection (4) must be completed by—
the doctor responsible for the professional care of the mother at the birth; or
a doctor who examined the body of the still-born child after the birth.
In this section—
responsible person means—
in the case of a child born in a hospital or brought to a hospital within 24 hours after birth, the chief executive officer of the hospital; or
in any other case—
the doctor or midwife responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth; or
if no doctor or midwife was in attendance at the birth, any other person in attendance at the birth.
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