BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - As at 28 November 2023 - 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 for 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 registered medical practitioners
• 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 registered medical practitioners
• 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