New South Wales Consolidated Acts

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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995

- As at 4 May 2016
- Act 62 of 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   4A.     Application of Act to relationships under the Relationships Register Act 2010

   PART 2 - ADMINISTRATION

           Division 1 - The Registrar

   5.      Registrar
   6.      Registrar’s general functions
   7.      Registrar’s staff
   8.      Delegation

           Division 2 - Execution of documents

   9.      The Registrar’s seal
   10.     Execution of documents

           Division 3 - Reciprocal administrative arrangements

   11.     Reciprocal administrative arrangements

   PART 3 - REGISTRATION OF BIRTHS

           Division 1 - Notification of births

   12.     Notification of births

           Division 2 - Registration of births

   13.     Cases in which registration of birth is required or authorised
   14.     How to have the birth of a child registered
   15.     Responsibility to have birth registered
   16.     Obligation to have birth registered
   17.     Registration
   18.     Registration of parentage details

           Division 3 - Court powers

   19.     Orders for registration of birth or inclusion of registrable information

           Division 4 - Alteration of details of birth registration

   20.     Alteration of details after birth registration

           Division 5 - Child’s name

   21.     Name of child
   22.     Dispute about child’s name

           Division 6 - Donor conception information

   22A.    Child conceived using a donated gamete

   PART 4 - REGISTRATION OF ADOPTIONS

   23.     Duty to register adoptions
   24.     How adoptions are registered
   24A.    Registration of deceased person’s former intention to adopt
   25.     Record of adoption or discharge of adoption to be noted in birth registration
   25A.    Issuing birth certificates to adopted persons

   PART 4A - REGISTRATION OF PARENTAGE ORDERS

   25B.    How is parentage order registered
   25C.    Parentage record to be noted in birth registration
   25D.    Issuing birth certificate to person the subject of surrogacy arrangement
   25E.    Change of name to be notified

   PART 5 - CHANGE OF NAME

           Division 1 - Preliminary

   25F.    Definitions

           Division 2 - General requirements relating to change of name

   26.     Change of name by registration
   27.     Application to register change of adult’s name
   28.     Application to register change of child’s name
   29.     Child’s consent to change of name
   29A.    Requirement to disclose criminal record
   29B.    Restrictions on number of changes of name that may be registered
   29C.    Exceptions to certain change of name restrictions
   30.     Registration of change of name
   31.     Entries to be made in the Register

           Division 3 - Change of name restrictions for certain persons

   31A.    Application of Division
   31B.    Restricted persons
   31C.    Applications for change of name by or on behalf of restricted person
   31D.    Approval by supervising authority
   31E.    Additional requirements for registration of change of name of restricted person
   31F.    Additional requirements for registration of change of name of former serious offender
   31G.    Registrar may correct Register
   31H.    Regulations for purposes of Division

           Division 4 - Miscellaneous

   31I.    Information-sharing between relevant authorities and Registrar
   31J.    Administrative review by Civil and Administrative Tribunal of certain decisions under this Part
   31K.    Appeals from decisions of Mental Health Review Tribunal under this Part
   31L.    Protection of security sensitive information
   32.     Change of name may still be established by repute or usage

   PART 5A - CHANGE OF SEX

   32A.    Definitions
   32B.    Application to alter register to record change of sex
   32C.    Application must be accompanied by declarations by doctors
   32D.    Alteration of register
   32DA.   Application to register change of sex
   32DB.   Documents to accompany application to register change of sex
   32DC.   Decision to register change of sex
   32DD.   Issue of recognised details certificate
   32E.    Issuing of new birth certificate
   32F.    Issuing of old birth certificate
           32G, 32H. (Repealed)
   32I.    Effect of alteration of register and interstate recognition certificates
   32J.    Effect of registration of change of sex and interstate recognised details certificates

   PART 6 - REGISTRATION OF MARRIAGES

   33.     Cases in which registration of marriage is required
   34.     How to have marriage registered
   35.     Registration of marriage

   PART 7 - REGISTRATION OF DEATHS

           Division 1 - Cases where registration of death is required or authorised

   36.     Deaths to be registered under this Act
   37.     Power to order registration of death
   38.     Circumstances in which death must not be registered

           Division 2 - Notification of deaths

   39.     Notification of deaths by doctors
   40.     Notification of cause of death by coroner
   41.     Notification by funeral director and others

           Division 3 - Registration of death

   42.     Registration

   PART 8 - THE REGISTER

           Division 1 - Keeping the Register

   43.     The Register

           Division 2 - Registrar’s powers of inquiry

   44.     Registrar’s powers of inquiry

           Division 3 - Correction of Register

   45.     Correction of Register

           Division 4 - Access to, and certification of, Register entries and certain applications

   46.     General access to Register
   46A.    Access to change of name applications and information by law enforcement agencies
   47.     Search of Register
   48.     Protection of privacy
   49.     Issue of certificate
   50.     Issue of certificate relating to children of deceased person
   51.     Issue of certificate to enable disposal of human remains
   52.     Access to information to be given in accordance with Adoption Act 2000 and Surrogacy Act 2010
   53.     Access policies
   54.     Fees
   55.     Power to remit fees

           Division 5 - Additional information and services

   55A.    Registrar may collect and maintain other information
   55B.    Additional information services in relation to information in Register and other information

   PART 9 - GENERAL POWER OF REVIEW

   56.     Administrative review by the Civil and Administrative Tribunal

   PART 10 - MISCELLANEOUS

   57.     False representation
   58.     Unauthorised access to or interference with Register
   59.     Falsification of certificates and other documents
   60.     Unauthorised disclosure of information
   61.     Immunity from liability
   62.     Regulations
   63.     Proceedings for offences
   64.     Repeal of Registration of Births, Deaths and Marriages Act 1973 No 87
           65, 66. (Repealed)
   67.     Savings, transitional and other provisions
   68.     Review of Act
           Schedule 2 (Repealed)
           SCHEDULE 3


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