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Queensland
BIRTHS, DEATHS AND
MARRIAGES
REGISTRATION BILL 2003
Queensland
BIRTHS, DEATHS AND MARRIAGES
REGISTRATION BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--BIRTHS
5 Notification of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Births that must be registered in Queensland . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Births that may be registered in Queensland. . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Responsibility to apply to have birth registered . . . . . . . . . . . . . . . . . . . . . . 9
9 How to apply to register the birth of a child . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Registration of parentage details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Court order relating to birth register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Child's name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Application to change child's first name within a year of birth . . . . . . . . . . 12
14 Reregistering a birth or adoption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--CHANGE OF NAME
15 Change of name by registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Application to register change of adult's name . . . . . . . . . . . . . . . . . . . . . . . 15
17 Application to register change of child's name . . . . . . . . . . . . . . . . . . . . . . . 16
18 Child's consent to change of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Registration of change of name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Notation of change of name other than by registration . . . . . . . . . . . . . . . . . 17
2
Births, Deaths and Marriages Registration Bill 2003
21 Limit on number of name changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 4--REASSIGNMENT OF SEX
22 When a sexual reassignment may be noted. . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Application to note a reassignment of sex. . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Effect of reassignment of sex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--MARRIAGES
25 Marriages that are registrable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 6--DEATHS
26 Deaths that must be registered in Queensland. . . . . . . . . . . . . . . . . . . . . . . . 22
27 Deaths that may be registered in Queensland . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Responsibility to apply to have death registered . . . . . . . . . . . . . . . . . . . . . . 24
29 How to apply to register the death of a person . . . . . . . . . . . . . . . . . . . . . . . 25
30 Cause of death certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Court order relating to registration of death . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Notifying about disposal of a deceased person's body . . . . . . . . . . . . . . . . . 27
33 Stillbirths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 7--ADMINISTRATION
34 The registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35 The deputy registrar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Executing documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Reciprocal administrative arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 The registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Registering events in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Correcting the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 Inquiry to ensure register correct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
44 Obtaining information from the registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
45 Information policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Protection of privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47 Control of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Additional services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
3
Births, Deaths and Marriages Registration Bill 2003
PART 8--GENERAL
49 Appealing registrar's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 False or misleading representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
51 Unauthorised access to or interference with register. . . . . . . . . . . . . . . . . . . 37
52 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 False certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
55 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 9--TRANSITIONAL PROVISIONS
57 Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 10--REPEAL AND CONSEQUENTIAL AMENDMENTS
58 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42
CONSEQUENTIAL AMENDMENTS
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
CORONERS ACT 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
CORRECTIVE SERVICES ACT 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CREMATIONS ACT 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 47
PUBLIC TRUST ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
STATUS OF CHILDREN ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
WITNESS PROTECTION ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 49
DICTIONARY
2003
A BILL
FOR
An Act to provide for the registration of births, deaths and marriages,
and for other purposes
s1 6 s4
Births, Deaths and Marriages Registration Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Births, Deaths and Marriages Registration 4
Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Objects 8
The objects of this Act are to provide for-- 9
(a) the collection and maintenance, in registers kept by the registrar, 10
of information about-- 11
(i) births, deaths, marriages, changes of name and 12
reassignments of sex; and 13
(ii) adoptions under the Adoption of Children Act 1964; and 14
(iii) another matter that the registrar is required to keep under 15
another Act; and 16
(b) access, in appropriate cases, to information in a register 17
maintained for those purposes; and 18
(c) the issue of certified and uncertified information from a register; 19
and 20
(d) the collection and dissemination of statistical information. 21
4 Definitions 22
The dictionary in schedule 2 defines particular words used in this Act. 23
s5 7 s6
Births, Deaths and Marriages Registration Bill 2003
PART 2--BIRTHS 1
5 Notification of birth 2
(1) For each child born in Queensland, the responsible person must give 3
a notice, in the approved form, to the registrar. 4
Maximum penalty--20 penalty units. 5
(2) The responsible person is-- 6
(a) if the child was born in a hospital, or brought to a hospital within 7
24 hours after birth--the person in charge of the hospital; or 8
(b) otherwise-- 9
(i) a doctor present at the birth; or 10
(ii) if a doctor was not present at the birth--a midwife present 11
at the birth; or 12
(iii) if neither a doctor nor a midwife were present at the 13
birth--a person, other than the mother, present at the birth; 14
or 15
(iv) if the mother was alone at the birth--the mother; or 16
(v) if the mother dies or abandons the child--the person who 17
takes physical custody of the child, for example a person 18
who discovers the child with the body of the mother. 19
(3) The notice must be given within 2 working days after the birth. 20
(4) A person need not comply with subsection (1) if someone else has 21
complied with subsection (1). 22
6 Births that must be registered in Queensland 23
(1) The birth of a child must be registered if-- 24
(a) the child is born in Queensland; or 25
(b) a Queensland court-- 26
(i) finds that the child was born in Queensland; and 27
(ii) makes an order that-- 28
(A) directs that the birth be registered; and 29
s7 8 s7
Births, Deaths and Marriages Registration Bill 2003
(B) states the particulars about the birth that are prescribed 1
under a regulation. 2
(2) In this section-- 3
"child" includes a stillborn child born after 30 April 1989. 4
7 Births that may be registered in Queensland 5
(1) The birth of a child may be registered under this Act if-- 6
(a) the child is born in an aircraft or vessel outside Queensland; and 7
(b) the child is not, between the time when the child is born and 8
when the child arrives in Queensland, taken to a place outside 9
Queensland. 10
11
Example of paragraph (b)--
12
A woman gives birth on a ship travelling non-stop from Sydney to Tokyo.
13
The mother and child are flown by helicopter from the ship to Brisbane to
14
enable them to receive medical care. The birth may be registered in
15
Queensland.
(2) The birth of a child outside Australia may be registered under this Act 16
if-- 17
(a) the child's parents intend to live in Queensland; and 18
(b) when the application for registration is made, the child is-- 19
(i) resident in Queensland; and 20
(ii) not older than 18 months. 21
(3) The birth of a child may be registered under this Act if a 22
non-Queensland court-- 23
(a) finds that the child was born in Queensland; and 24
(b) makes an order that-- 25
(i) directs that the birth be registered; and 26
(ii) states the particulars about the birth that are prescribed 27
under a regulation. 28
(4) The birth of a stillborn child born in Queensland before 1 May 1989 29
may be registered under this Act if, at the same time, the registrar is able to 30
register the death of the child. 31
s8 9 s8
Births, Deaths and Marriages Registration Bill 2003
(5) The registrar must not register under this section a birth that has been 1
registered in another State or country. 2
(6) In this section-- 3
"place" does not include an aircraft or vessel. 4
8 Responsibility to apply to have birth registered 5
(1) If the birth of a child must be registered in Queensland, the following 6
persons must apply to register the birth-- 7
(a) both parents of the child; 8
(b) if the child was found abandoned as a newborn--the person 9
taking care of the child. 10
Maximum penalty--20 penalty units. 11
(2) However, the registrar may accept an application completed by only 12
1 of the parents if the registrar is satisfied that the other parent is unable, or 13
unlikely, to sign the application. 14
15
Examples of why the other parent may be unable to sign the application--
16
· the other parent is dead
17
· the father does not know the mother's whereabouts
18
· the mother does not know who the father is.
(3) Also, the registrar may accept an application from a person who is 19
not responsible for having the child's birth registered if the registrar is 20
satisfied-- 21
(a) the child's parents are unable, or unlikely, to apply to register the 22
birth; and 23
(b) the person knows the relevant facts. 24
(4) If the registrar does not receive an application under subsection (1), 25
(2) or (3) for a birth, the registrar may require 1 of the following persons to 26
apply to register the birth-- 27
(a) the person in charge of the place where the child was born; 28
(b) a person present at the birth; 29
(c) a person who the registrar reasonably believes knows the relevant 30
facts. 31
s9 10 s 10
Births, Deaths and Marriages Registration Bill 2003
(5) A person must comply with the registrar's requirement, unless the 1
person has a reasonable excuse. 2
Maximum penalty--20 penalty units. 3
9 How to apply to register the birth of a child 4
(1) An application to register the birth of the child must be in the 5
approved form (a "birth registration application"). 6
(2) The application must be given to the registrar within 60 days after the 7
birth. 8
(3) However, the registrar may accept an application given more than 9
60 days after the birth if satisfied that the birth happened. 10
10 Registration of parentage details 11
(1) This section applies if a person applies-- 12
(a) to register the birth of a child; or 13
(b) to include information about the identity of a child's parent in the 14
register of births after the child's birth has been registered. 15
(2) The registrar must not include information in the register of births 16
that identifies a person as the parent of a child unless-- 17
(a) both-- 18
(i) the person signed a birth registration application; and 19
(ii) the registrar is satisfied that the person is a parent of the 20
child; or 21
(b) the registrar is entitled under the Status of Children Act 1978, 22
section 18C1 to presume that the person is a parent of the child. 23
(3) However, the registrar may include information about the identity of 24
a parent who did not sign the birth registration application if-- 25
(a) the registrar is satisfied that the parent did not sign because-- 26
(i) the parent is dead; or 27
(ii) the parent's whereabouts are unknown; or 28
1 Status of Children Act 1978, section 18C (Parentage presumption arising from court
finding)
s 11 11 s 12
Births, Deaths and Marriages Registration Bill 2003
(iii) the parent is unable to sign the application; or 1
(iv) the parent is, for another justifiable reason, unable to apply; 2
or 3
(b) the registrar is satisfied that the other parent does not dispute the 4
correctness of the information; or 5
(c) the registrar is entitled under a law, including a law of another 6
State or the Commonwealth, to make a presumption as to the 7
identity of the child's parent. 8
(4) In circumstances prescribed under a regulation, the registrar may 9
require a person who claims that someone is a parent of a child to prove it 10
by giving the registrar a copy of a court finding mentioned in the Status of 11
Children Act 1978, section 18C. 12
11 Court order relating to birth register 13
(1) A court, on application by an interested person or on its own 14
initiative, may order the registrar to-- 15
(a) register the birth of a child born in Queensland; or 16
(b) include or correct application information about a child's birth, 17
other than the child's name, in the register of births. 18
(2) However, a person may not apply for an order under subsection (1) if 19
the person has appealed to the District Court under section 492 in relation to 20
the same matter. 21
(3) In this section-- 22
"court" means-- 23
(a) for application information about a child's parentage--the 24
Supreme Court; or 25
(b) otherwise--the District Court. 26
12 Child's name 27
(1) A birth registration application, other than an application to register 28
the birth of a stillborn child, must state the child's name. 29
2 Section 49 (Appealing registrar's decisions)
s 13 12 s 13
Births, Deaths and Marriages Registration Bill 2003
(2) If a birth registration application states only 1 name for the child, the 1
name is taken, for this Act, to be the child's surname. 2
(3) If-- 3
(a) the name stated in the birth registration application is a 4
prohibited name; or 5
(b) for a birth registration application that is made by both 6
parents--the registrar is satisfied that the parents can not agree 7
on the child's name; or 8
(c) no name is stated in the birth registration application; 9
the registrar may choose a name for the child and enter it in the register. 10
(4) However, the registrar can not choose a first name for a stillborn child 11
if the parents have indicated that they do not wish to name the child. 12
(5) One of the ways in which the parents may indicate that they do not 13
wish to name the child is by not putting a name for the child in the birth 14
registration application. 15
(6) If a child's parents can not agree on a name for the child, either 16
parent may apply to a Magistrates Court to decide the child's name. 17
(7) The Magistrates Court may-- 18
(a) choose a name, other than a prohibited name, for the child; and 19
(b) order that the name be entered in the register of births for the 20
child.3 21
13 Application to change child's first name within a year of birth 22
(1) This section applies if a child's birth or adoption was registered in 23
Queensland. 24
(2) The child's parents may apply to change the child's first name in the 25
register of births or adopted children register. 26
(3) However, 1 of the parents may apply to change the child's first name 27
if-- 28
(a) the parent is the only parent of the child entered in the register of 29
births or adopted children register; or 30
3 Under section 56, a regulation may prescribe information that a court may consider
when deciding or changing a child's name.
s 14 13 s 14
Births, Deaths and Marriages Registration Bill 2003
(b) the other parent is dead; or 1
(c) a Magistrates Court approves the change of name. 2
(4) The child's guardians may apply to change the child's first name in 3
the register of births or adopted children register. 4
(5) However, 1 of the guardians may apply to change the child's first 5
name if-- 6
(a) the other guardian is dead; or 7
(b) a Magistrates Court approves the change of name. 8
(6) A Magistrates Court may, on application by a child's parent or 9
guardian, approve a proposed change of first name for the child if satisfied 10
that-- 11
(a) the name is not a prohibited name; and 12
(b) the change is in the child's best interests.4 13
(7) An application under this section may be made only once and within 14
a year of the child's birth. 15
(8) In this section-- 16
"change" a name includes add a name. 17
14 Reregistering a birth or adoption 18
(1) This section applies if-- 19
(a) a person's birth was registered in Queensland; or 20
(b) a person's adoption was registered under the Adoption of 21
Children Act 1964. 22
(2) The registrar must reregister a person's birth or adoption when the 23
reassignment of the person's sex is noted under this Act. 24
(3) The registrar may reregister a person's birth or adoption if-- 25
(a) the registrar decides that, because of the number of notes on the 26
entry, it would be desirable to reregister the birth or adoption; or 27
4 Under section 56, a regulation may prescribe information that a court may consider
when deciding or changing a child's name.
s 14 14 s 14
Births, Deaths and Marriages Registration Bill 2003
(b) the registrar receives an application, in the approved form, to 1
reregister the person's birth or adoption after a change of the 2
person's name has been noted under this Act. 3
(4) An application to reregister a person's birth or adoption may only be 4
made by-- 5
(a) if the person is an adult--the person; or 6
(b) if the person is a minor--a parent or guardian of the person. 7
(5) The registrar reregisters a person's birth or adoption by-- 8
(a) duplicating the information in the entry for the person's birth or 9
adoption (the "closed entry") in a new entry in the register, other 10
than information that has been superseded, and without 11
indicating what information has been superseded; and 12
13
Example--
14
If the registrar is reregistering a birth consequent on the change of a person's surname
15
from Smith to Jones, the information in the new entry would be the same as in the old
16
entry except that the person's surname would appear as Jones.
(b) noting on the closed entry-- 17
(i) that the birth or adoption has been reregistered; and 18
(ii) a reference to the new entry; and 19
(c) noting on the new entry-- 20
(i) that the new entry was made under this section; and 21
(ii) a reference to the closed entry. 22
(6) A certificate issued by the registrar from the new entry-- 23
(a) if the person's sex has been reassigned under this Act-- 24
(i) must show the person's reassigned sex; and 25
(ii) must not include a statement or other clear indication to the 26
effect that a reassignment of the person's sex has been noted 27
in the register; or 28
(b) if the person's name has been changed under this Act--must not 29
show the person's name that was in the closed entry before a 30
change of name was noted in the closed entry. 31
(7) The registrar may issue a certificate from the closed entry. 32
s 15 15 s 16
Births, Deaths and Marriages Registration Bill 2003
(8) However, if the closed entry relates to a person whose sex has been 1
reassigned, the registrar may issue a certificate to only the following 2
persons-- 3
(a) the person; 4
(b) a child of the person; 5
(c) a parent of the person, if the person is a child; 6
(d) a person prescribed under a regulation. 7
(9) Subsection (8) is subject to the Adoption of Children Act 1964, 8
section 39C.5 9
PART 3--CHANGE OF NAME 10
15 Change of name by registration 11
(1) A person's name may be changed by registration of the change under 12
this part, unless the change has been registered under a corresponding law 13
or by other legal process in another State. 14
(2) A change of name includes the addition of a name. 15
(3) It is no longer possible in Queensland to change a person's name by 16
deed poll. 17
(4) However, this part does not prevent the change of a person's name by 18
repute or usage. 19
16 Application to register change of adult's name 20
An adult person may apply to register a change of the person's name in 21
the change of name register only if-- 22
(a) the person's birth or adoption was registered in Queensland; or 23
(b) the person was born outside Australia, but the person ordinarily 24
resides in Queensland. 25
5 Adoption of Children Act 1964, section 39C (Entitlement to certain records etc.)
s 17 16 s 18
Births, Deaths and Marriages Registration Bill 2003
17 Application to register change of child's name 1
(1) This section applies if-- 2
(a) a child's birth or adoption was registered in Queensland; or 3
(b) a child was born outside Australia, but the child ordinarily 4
resides in Queensland. 5
(2) The child's parents may apply to register a change of the child's 6
name in the change of name register. 7
(3) However, 1 of the parents may apply to register a change of the 8
child's name if-- 9
(a) the parent is the only parent of the child entered in the register of 10
births or adopted children register or shown on the child's birth 11
certificate; or 12
(b) the other parent is dead; or 13
(c) a Magistrates Court approves the change of name. 6
14
(4) The child's guardians may apply to register a change of the child's 15
name in the change of name register. 16
(5) However, 1 of the guardians may apply to register a change of the 17
child's name if-- 18
(a) the other guardian is dead; or 19
(b) a Magistrates Court approves the change of name. 20
(6) A Magistrates Court may, on application by a child's parent or 21
guardian, approve a proposed change of name for the child if satisfied 22
that-- 23
(a) the name is not a prohibited name; and 24
(b) the change is in the child's best interests. 25
18 Child's consent to change of name 26
(1) The registrar must not approve an application to register the change 27
of the name of a child who is 12 years or more unless the registrar is 28
satisfied that the child-- 29
6 Under section 56, a regulation may prescribe information that a court may consider
when deciding or changing a child's name.
s 19 17 s 20
Births, Deaths and Marriages Registration Bill 2003
(a) consents to the change of name; or 1
(b) is unable to understand the meaning and implications of the 2
change of name. 3
(2) Subsection (1) does not apply if a Magistrates Court has approved the 4
change of name. 5
19 Registration of change of name 6
(1) Before registering the change of a person's name, the registrar may 7
require-- 8
(a) evidence of the following-- 9
(i) the identity and age of the person; 10
(ii) that the change of name is not sought for a fraudulent or 11
other improper purpose; 12
(iii) any other information prescribed under a regulation; or 13
(b) a document prescribed under a regulation. 14
(2) The registrar must not approve an application to register a change of 15
name-- 16
(a) if the registrar is not satisfied of the applicant's identity and of 17
the identity of the person whose change of name is to be 18
registered; or 19
(b) if the registrar reasonably suspects that the change of name is 20
sought for a fraudulent or other improper purpose; or 21
(c) to a prohibited name. 22
(3) If the registrar registers the change of name of a person whose birth 23
or adoption was registered in Queensland, the registrar must also note the 24
change in the register of births or adopted children register, unless the 25
changed name is the same as the person's latest name in the register. 26
(4) The registrar may notify the registering authority under a 27
corresponding law of a change of name under this Act. 28
20 Notation of change of name other than by registration 29
(1) This section applies if-- 30
(a) a person's birth or adoption was registered in Queensland; and 31
s 20 18 s 20
Births, Deaths and Marriages Registration Bill 2003
(b) the person's name has been changed under the law of another 1
State or other legal process. 2
3
Example of other legal process--
4
An order of a Queensland court or a non-Queensland court or a deed poll.
(2) An adult may apply to the registrar, in the approved form, to note the 5
change of the adult's name in the register of births or adopted children 6
register. 7
(3) A child's parents may apply to the registrar, in the approved form, to 8
note the change of the child's name in the register of births or adopted 9
children register. 10
(4) However, 1 of the parents may apply to note the change of the child's 11
name if-- 12
(a) the parent is the only parent of the child entered in the register of 13
births; or 14
(b) the other parent is dead; or 15
(c) a Magistrates Court approves the change of name;7 or 16
(d) a Queensland court or non-Queensland court has ordered the 17
change of name. 18
(5) A child's guardians may apply to the registrar, in the approved form, 19
to note the change of the child's name in the register of births or adopted 20
children register. 21
(6) However, 1 of the guardians may apply to note the change of the 22
child's name if-- 23
(a) the other guardian is dead; or 24
(b) a Magistrates Court approves the change of name; or 25
(c) a Queensland court or non-Queensland court has ordered the 26
change of name. 27
(7) The application must be accompanied by a document, prescribed 28
under a regulation, that evidences that the person's name has been changed 29
under the law of another State or other legal process. 30
(8) Before noting the change of a person's name, the registrar may 31
require-- 32
7 Under section 56, a regulation may prescribe information that a court may consider
when deciding or changing a child's name.
s 21 19 s 21
Births, Deaths and Marriages Registration Bill 2003
(a) evidence of the following-- 1
(i) the identity and age of the person; 2
(ii) that the change of name is not sought for a fraudulent or 3
other improper purpose; 4
(iii) any other information prescribed under a regulation; or 5
(b) a document prescribed under a regulation. 6
(9) The registrar must not approve an application to note the change of 7
name-- 8
(a) if the registrar is not satisfied of the applicant's identity and of 9
the identity of the person whose change of name is to be noted; 10
or 11
(b) if the registrar reasonably suspects that the change of name is 12
sought for a fraudulent or other improper purpose; or 13
(c) to a prohibited name. 14
21 Limit on number of name changes 15
(1) An application to register, or to note, the change of a person's name 16
may be made only-- 17
(a) for the change of a child's first names--once before the child 18
reaches 18 years; or 19
(b) otherwise--once in every 1 year period. 20
(2) However, subsection (1) does not apply if a Magistrates Court has, 21
because of exceptional circumstances, approved the change of name. 22
23
Example of exceptional circumstances--
24
To protect the child from domestic violence.
(3) An application under subsection (1)(a) may be made in addition to an 25
application under section 13.8 26
8 Section 13 (Application to change child's first name within a year of birth)
s 22 20 s 23
Births, Deaths and Marriages Registration Bill 2003
PART 4--REASSIGNMENT OF SEX 1
22 When a sexual reassignment may be noted 2
The reassignment of a person's sex after sexual reassignment surgery 3
may be noted in the person's entry in the register of births or adopted 4
children register only if the person is not married. 5
23 Application to note a reassignment of sex 6
(1) An adult may apply to note the reassignment of the adult's sex. 7
(2) An application to note the reassignment of a child's sex may be made 8
by-- 9
(a) the child's parents; or 10
(b) 1 of the child's parents if-- 11
(i) the other parent is dead; or 12
(ii) the other parent's whereabouts are unknown; or 13
(iii) the other parent refuses to sign the application; or 14
(iv) the other parent is, for another justifiable reason, unable to 15
apply; or 16
(c) the child's guardians. 17
(3) Despite subsection (2), the registrar must accept an application to 18
note the reassignment of a child's sex if a Magistrates Court, on the 19
application of a parent or guardian of the child, orders the registrar to do so. 20
(4) The application must be-- 21
(a) in the approved form; and 22
(b) accompanied by-- 23
(i) statutory declarations, by 2 doctors, verifying that the 24
person the subject of the application has undergone sexual 25
reassignment surgery; or 26
(ii) a recognition certificate;9 and 27
9 See the dictionary for the definition of a recognition certificate.
s 24 21 s 24
Births, Deaths and Marriages Registration Bill 2003
(c) accompanied by other information prescribed under a regulation; 1
and 2
(d) accompanied by other documents prescribed under a regulation. 3
(5) For subsection (4)(b), a statutory declaration made by a doctor in 4
another country may be sworn before a notary public in the other country. 5
(6) In this section-- 6
"doctor" includes a person registered as a medical practitioner under a law 7
of another State or country corresponding to the Medical Practitioners 8
Registration Act 2001. 9
24 Effect of reassignment of sex 10
(1) A person who has had the reassignment of the person's sex entered 11
into a register maintained under a corresponding law is a person of the sex 12
as reassigned. 13
(2) A person who is the subject of a recognition certificate is a person of 14
the sex stated in the recognition certificate. 15
(3) However, the person must comply with section 2310 for the 16
reassignment of the person's sex to be noted under this Act. 17
(4) If the reassignment of a person's sex is noted under this Act, the 18
person is a person of the sex as reassigned. 19
(5) A person who has an entitlement-- 20
(a) under a will; or 21
(b) under a trust; or 22
(c) otherwise by operation of law; 23
does not, except as otherwise provided under the will, the trust or by the 24
law conferring the entitlement, lose the entitlement only because the 25
reassignment of the person's sex has been noted. 26
(6) In this section-- 27
"entitlement" includes a right. 28
10 Section 23 (Application to note a reassignment of sex)
s 25 22 s 26
Births, Deaths and Marriages Registration Bill 2003
PART 5--MARRIAGES 1
25 Marriages that are registrable 2
(1) A marriage solemnised in Queensland must be registered under this 3
Act. 4
(2) A person may have a marriage registered by giving the registrar-- 5
(a) the marriage certificate; or 6
(b) if the marriage was solemnised before the commencement of the 7
Marriage Act 1961 (Cwlth)--evidence of the marriage required 8
by the registrar. 9
(3) A marriage is taken to be solemnised in Queensland if-- 10
(a) it is solemnised on a vessel; and 11
(b) the vessel goes to the place where the marriage is solemnised 12
from a port in Queensland, without stopping at a port that is not 13
in Queensland; and 14
(c) after the marriage is solemnised, the vessel returns to a port in 15
Queensland, without stopping at a port that is not in Queensland. 16
PART 6--DEATHS 17
26 Deaths that must be registered in Queensland 18
(1) The death of a person must be registered under this Act if-- 19
(a) the person dies in Queensland; or 20
(b) a Queensland court, other than the Coroners Court-- 21
(i) finds-- 22
(A) that the death happened in Queensland; and 23
(B) the name of the person; and 24
(C) the date or approximate date of the person's death; and 25
(ii) makes an order that-- 26
(A) directs that the death be registered; and 27
s 27 23 s 27
Births, Deaths and Marriages Registration Bill 2003
(B) states the findings mentioned in paragraph (b)(i) and 1
any other particulars about the death prescribed under a 2
regulation; or 3
(c) a coroner finds-- 4
(i) that the death happened in Queensland; and 5
(ii) the name of the person; and 6
(iii) the date or approximate date of the person's death. 7
(2) In this section-- 8
"coroner" means a coroner under the Coroners Act 1958 or the Coroners 9
Act 2003. 10
"Coroners Court" means the Coroners Court under the Coroners Act 11
1958 or the Coroners Act 2003. 12
"person" includes a stillborn child born after 30 April 1989. 13
27 Deaths that may be registered in Queensland 14
(1) The death of a person may be registered under this Act if-- 15
(a) the person dies in an aircraft or vessel, or in waters, outside 16
Queensland; and 17
(b) the person's body is not, between the time when the person dies 18
and when the person's body arrives in Queensland, taken to a 19
place outside Queensland. 20
21
Example--
22
A person dies on a ship travelling non-stop from Sydney to Tokyo. The
23
person's body is taken by helicopter from the ship to a mortuary in
24
Brisbane. The death may be registered in Queensland.
(2) The death of a person outside Australia may be registered under this 25
Act if the person-- 26
(a) ordinarily resided in Queensland; or 27
(b) died leaving real property in Queensland. 28
(3) The death of a person may be registered under this Act if a 29
non-Queensland court or a non-Queensland coroner finds-- 30
(a) that the death happened in Queensland; and 31
(b) the name of the person; and 32
s 28 24 s 28
Births, Deaths and Marriages Registration Bill 2003
(c) the date or approximate date of the person's death. 1
(4) The death of a stillborn child born in Queensland before 1 May 1989 2
may be registered under this Act if, at the same time, the registrar is able to 3
register the birth of the child. 4
(5) The registrar must not register under this section a death that has 5
been registered in another State or country. 6
(6) In this section-- 7
"place" does not include an aircraft or vessel. 8
28 Responsibility to apply to have death registered 9
(1) If the death of a person must be registered in Queensland, a spouse or 10
relative of the deceased person must apply to register the death, unless the 11
spouse or relative has a reasonable excuse. 12
Maximum penalty--20 penalty units. 13
(2) If the registrar does not receive an application under subsection (1), 14
the registrar may require 1 of the following persons to apply to register the 15
death-- 16
(a) the person in charge of the place where the person died; 17
(b) the person finding the body; 18
(c) the person arranging for the disposal of the deceased person's 19
body. 20
21
Example of a place mentioned in subsection (2)(a)--
22
A hospital or nursing home.
23
Example of a person mentioned in subsection (2)(c)--
24
A personal representative or funeral director.
(3) A person must comply with the registrar's requirement, unless the 25
person has a reasonable excuse. 26
Maximum penalty--20 penalty units. 27
(4) A person does not commit an offence against subsection (1) if 28
someone else has applied to register the death. 29
(5) In this section-- 30
"disposal" includes giving the body to a school of anatomy. 31
"relative" includes a relative by marriage. 32
s 29 25 s 30
Births, Deaths and Marriages Registration Bill 2003
29 How to apply to register the death of a person 1
(1) An application to register the death of a person must be in the 2
approved form (a "death registration application"). 3
(2) The application must be given to the registrar within 14 days after the 4
death, or the death is discovered, whichever happens later. 5
(3) However, the registrar may accept an application given more than 6
14 days after the death, or the death is discovered, if satisfied the death 7
happened. 8
(4) Also, the parent of a stillborn child born before 1 May 1989 may give 9
the registrar a death registration application for the child at any time.11 10
30 Cause of death certificate 11
(1) This section applies if-- 12
(a) a doctor-- 13
(i) for a stillborn child-- 14
(A) was present at the stillbirth; or 15
(B) examined the stillborn child's body; or 16
(ii) for any other deceased person-- 17
(A) attended the deceased person when the person was 18
alive; or 19
(B) examined the deceased person's body; or 20
(C) has considered information about the deceased 21
person's medical history and the circumstances of the 22
deceased person's death; and 23
(b) the doctor is able to form an opinion as to the probable cause of 24
death. 25
26
Examples of subsection (1)(a)(ii)(C)--
27
1. A doctor may consider information about the deceased person's medical history by
28
examining the records of, or speaking to, another doctor who attended the
29
deceased person when the person was alive.
11 Also see section 7 (Births that may be registered in Queensland) for the requirement
to register the birth.
s 30 26 s 30
Births, Deaths and Marriages Registration Bill 2003
1
2. A doctor may be able to consider information about the circumstances of the
2
deceased person's death by speaking to someone who was with the deceased when
3
the deceased person died or who discovered the deceased person's body.
(2) Subject to the Coroners Act 2003, section 26(5),12 the doctor must-- 4
(a) complete a certificate, in the approved form, ("cause of death 5
certificate") for the deceased person; and 6
(b) give the original certificate to the person who is arranging for the 7
disposal of the deceased person's body or to the registrar; and 8
(c) give a copy of the certificate to the person who is arranging for 9
the disposal of the deceased person's body. 10
(3) For subsection (2), a person who is arranging for the disposal of the 11
deceased person's body includes a school of anatomy that is holding the 12
body. 13
(4) The doctor must comply with subsection (2) within 2 working days 14
of the person's death or when the person's body is found, whichever is the 15
later. 16
(5) However, a doctor need not comply with subsection (2) if another 17
doctor has complied with subsection (2). 18
(6) A doctor must not charge a person for a cause of death certificate. 19
(7) If a doctor reasonably suspects that the doctor, or the doctor's 20
spouse, may receive a benefit because of a person's death, the doctor must 21
not issue a cause of death certificate for the person. 22
Maximum penalty--120 penalty units. 23
(8) If the doctor gives the person who is arranging for the disposal of the 24
deceased person's body the original cause of death certificate, the person 25
must give the certificate to the registrar within 14 days after the person has 26
received the certificate. 27
(9) Despite subsection (4) or (8), the registrar may accept a cause of 28
death certificate given to the registrar at any time. 29
12 The Coroners Act 2003, section 26(5), provides that a doctor must not issue a cause
of death certificate for a person if--
(a) the death appears to the doctor to be a reportable death, unless a coroner
advises the doctor that the death is not a reportable death; or
(b) a coroner is investigating the death, unless the coroner authorises the issue of
the certificate.
s 31 27 s 32
Births, Deaths and Marriages Registration Bill 2003
(10) In this section-- 1
"benefit"-- 2
(a) includes-- 3
(i) a payment under a life insurance policy; and 4
(ii) property under a will; and 5
(iii) property under an intestate distribution; but 6
(b) does not include fees payable for professional services. 7
"doctor" includes a person registered as a medical practitioner under a law 8
of another State or country corresponding to the Medical Practitioners 9
Registration Act 2001. 10
"person" includes a stillborn child born after 30 April 1989. 11
31 Court order relating to registration of death 12
(1) The District Court, on application by an interested person or on its 13
own initiative, may order the registrar to-- 14
(a) register the death of a person who died in Queensland; or 15
(b) include or correct application information about a person's death 16
in the register of deaths. 17
(2) However, a person must not apply for an order under subsection (1) if 18
the person has appealed to the District Court under section 4913 in relation 19
to the same matter. 20
(3) An order under subsection (1)(a) must state-- 21
(a) that the death happened in Queensland; and 22
(b) the name of the person; and 23
(c) the date or approximate date of the person's death; and 24
(d) any other particulars about the death prescribed under a 25
regulation. 26
32 Notifying about disposal of a deceased person's body 27
(1) This section does not apply to-- 28
13 Section 49 (Appealing registrar's decisions)
s 32 28 s 32
Births, Deaths and Marriages Registration Bill 2003
(a) a school of anatomy when disposing of a human body that was 1
given to it;14 or 2
(b) the disposal of parts of a human body taken during a medical 3
procedure or autopsy. 4
(2) A person who arranges the disposal of a human body must give the 5
registrar notice, in the approved form, within 7 days after the disposal. 6
Maximum penalty--20 penalty units. 7
(3) A person who arranges for the body of a deceased person to be 8
moved outside Queensland must give the registrar notice in the approved 9
form before moving the body outside Queensland. 10
Maximum penalty--20 penalty units. 11
(4) Subsections (2) and (3) apply even if a coroner has made-- 12
(a) an order for removal of the body out of the State under the 13
Coroners Act 1958, section 20; or 14
(b) an order for burial or a certificate for cremation under the 15
Coroners Act 1958, section 23; or 16
(c) an order releasing the body for burial, or for release of the body 17
to another jurisdiction, under the Coroners Act 2003, section 26. 18
(5) If the body of a deceased person has not been disposed of within 19
30 days after-- 20
(a) a cause of death certificate is issued; or 21
(b) the coroner made-- 22
(i) an order for removal of the body out of the State under the 23
Coroners Act 1958, section 20; or 24
(ii) an order for burial or a certificate for cremation under the 25
Coroners Act 1958, section 23; or 26
(iii) an order releasing the body for burial, or for release of the 27
body to another jurisdiction, under the Coroners Act 2003, 28
section 26; 29
the person who possesses the body must immediately give the registrar 30
notice in the approved form. 31
Maximum penalty--20 penalty units. 32
14 However, see section 41(6) (Registering events in register)
s 33 29 s 35
Births, Deaths and Marriages Registration Bill 2003
(6) The registrar may accept a notice under subsection (2), (3) or (5) at 1
any time. 2
(7) In this section-- 3
"coroner" means a coroner under the Coroners Act 1958 or the Coroners 4
Act 2003. 5
33 Stillbirths 6
For this Act, a stillborn child is taken to have died-- 7
(a) when the child left the mother's body; and 8
(b) at the place where the mother was when the child left the 9
mother's body. 10
PART 7--ADMINISTRATION 11
34 The registrar 12
(1) The Governor in Council must appoint a registrar-general (the 13
"registrar"). 14
(2) The registrar's functions are-- 15
(a) to establish the registers for this Act; and 16
(b) to administer this Act in an efficient, effective and economical 17
way; and 18
(c) the functions given under this or another Act. 19
(3) The registrar has the powers reasonably necessary to perform the 20
registrar's functions. 21
35 The deputy registrar 22
(1) The Governor in Council must appoint a deputy registrar-general (the 23
"deputy registrar"). 24
(2) The deputy registrar has the same functions and powers as the 25
registrar, but is subject to the registrar's direction. 26
s 36 30 s 39
Births, Deaths and Marriages Registration Bill 2003
(3) The deputy registrar may act as the registrar when the registrar is 1
temporarily unavailable for any reason to perform the registrar's functions. 2
36 Staff 3
The registrar's staff is to consist of the staff that are necessary for the 4
proper administration of this Act. 5
37 Delegation 6
The registrar may delegate any of the registrar's powers under this or 7
another Act, other than this power of delegation, to any person. 8
38 Executing documents 9
(1) The registrar is to have 1 or more seals. 10
(2) A certificate or other document issued by or for the registrar must be 11
issued with-- 12
(a) the imprint of 1 of the registrar's seals; and 13
(b) the signature, or a facsimile of a signature, of the registrar or the 14
registrar's delegate. 15
(3) If a document produced in evidence before a court is apparently 16
signed and sealed by or for the registrar, the court must presume, in the 17
absence of evidence to the contrary, that the document was properly issued 18
under the registrar's authority. 19
(4) In this section-- 20
"court" includes an administrative authority or official. 21
39 Reciprocal administrative arrangements 22
(1) The Minister may enter into an arrangement with the Minister 23
responsible for the administration of a corresponding law providing for-- 24
(a) the exercise by the registrar of powers and functions of the 25
registering authority under the corresponding law; and 26
(b) the exercise by the registering authority under the corresponding 27
law of powers and functions of the registrar under this Act. 28
(2) When an arrangement is in force under this section-- 29
s 40 31 s 41
Births, Deaths and Marriages Registration Bill 2003
(a) the registrar may exercise, to the extent authorised by the 1
arrangement, but subject to the conditions of the arrangement, 2
the powers and functions of the registering authority under the 3
corresponding law; and 4
(b) the registering authority under the corresponding law may 5
exercise, to the extent authorised by the arrangement, but subject 6
to the conditions of the arrangement, the powers and functions of 7
the registrar under this Act. 8
(3) An arrangement under this section may-- 9
(a) establish a database in which information is recorded for the 10
benefit of all the participants in the arrangement; and 11
(b) provide for access to information contained in the database; and 12
(c) provide for payments by or to participants in the arrangement for 13
services provided under the arrangement. 14
40 The registers 15
(1) The registrar must maintain a register for each type of registrable 16
event. 17
(2) A register may be wholly or partly-- 18
(a) in the form of a computer database; or 19
(b) in documentary form; or 20
(c) in another form the registrar considers appropriate. 21
(3) The registrar must maintain the indexes to a register that are 22
necessary to make the information in the register reasonably accessible. 23
41 Registering events in register 24
(1) The registrar must register a registrable event if-- 25
(a) the registrable event is an event that must be registered under this 26
Act; and 27
(b) the registrar receives-- 28
(i) an application for registration of the event that contains all 29
the information prescribed under a regulation for the event 30
(the "application information"); and 31
s 41 32 s 41
Births, Deaths and Marriages Registration Bill 2003
(ii) the documents prescribed under a regulation; and 1
(iii) for the registration of a marriage--the certificate or 2
evidence mentioned in section 25(2); and 3
(c) the registrar reasonably believes the application information, and 4
information in the prescribed documents, is correct. 5
(2) The registrar may require a person who is applying for registration to 6
give the registrar-- 7
(a) evidence to support the application; or 8
(b) information prescribed under a regulation; or 9
(c) documents prescribed under a regulation. 10
11
Example--
12
The registrar may require the person to provide a statutory declaration attesting to the
13
particulars contained in the application.
(3) The registrar may register a registrable event even though-- 14
(a) the application for registration does not contain all the 15
application information; or 16
(b) the application was not accompanied by the prescribed 17
information or documents; or 18
(c) for a death--the death is still being investigated by a coroner 19
under the Coroners Act 1958 or the Coroners Act 2003. 20
(4) The registrar registers an event by-- 21
(a) for any type of registrable event--entering application and other 22
information, prescribed under a regulation, for the event in the 23
register for that type of event; or 24
(b) for a marriage--incorporating the marriage certificate into the 25
register. 26
(5) When registering an event, the registrar must not enter the following 27
into the register-- 28
(a) the word `illegitimate' or words to that effect; 29
(b) the word `suicide' or words to that effect. 30
s 42 33 s 42
Births, Deaths and Marriages Registration Bill 2003
(6) If a school of anatomy receives the body of a deceased person under 1
the Transplantation and Anatomy Act 1979, part 5,15 the person in charge of 2
the school of anatomy must give the registrar written notice that the body 3
has been received for anatomical purposes. 4
(7) The registrar may enter the information contained in the notice in the 5
register for the death. 6
(8) If the registrar receives a coroner's notice in relation to the death of a 7
person, the registrar may enter the information contained in the notice in 8
the register for the death. 9
(9) If the registrar receives a notice or certificate under this or another 10
Act, the registrar may enter the information contained in the notice or 11
certificate in the relevant register. 12
(10) In this section-- 13
"coroner's notice" means an order or notice under the Coroners Act 2003, 14
section 97. 15
42 Correcting the register 16
(1) The registrar must correct a register on the order of a Queensland 17
court. 18
(2) The registrar may correct a register-- 19
(a) on the order of a non-Queensland court; or 20
(b) to reflect a finding made on inquiry under section 43;16 or 21
(c) on the application, in the prescribed form, of a person who can 22
provide correct information to the registrar; or 23
(d) to ensure the particulars in an entry about a registrable event 24
conform with the most reliable information about the registrable 25
event that is available to the registrar. 26
27
Example of paragraph (a)--
28
The registrar might correct a register if a Commonwealth court found that a particular
29
person was the parent of a child.
(3) The registrar may correct a register-- 30
15 Transplantation and Anatomy Act 1979, part 5 (Donations for anatomical purposes)
16 Section 43 (Inquiry to ensure register correct)
s 43 34 s 44
Births, Deaths and Marriages Registration Bill 2003
(a) by adding, or cancelling, an entry in the register; or 1
(b) by adding, amending or deleting particulars in an entry in the 2
register. 3
(4) The registrar need not correct a register in relation to historical 4
information. 5
(5) A certificate from an entry that contains corrected information must 6
show the most recent information. 7
(6) However, the certificate may also show information that has been 8
corrected if the registrar considers it necessary. 9
43 Inquiry to ensure register correct 10
(1) The registrar may conduct an inquiry to find out-- 11
(a) whether a registrable event has happened; or 12
(b) particulars of a registrable event; or 13
(c) whether particulars of a particular registrable event have been 14
correctly recorded in a register. 15
(2) The registrar may, by notice given to a person who may be able to 16
provide information relevant to an inquiry under this section, require the 17
person to answer specified questions or to provide other information within 18
a time and in a way specified in the notice. 19
(3) The person must comply with the notice unless the person has a 20
reasonable excuse. 21
Maximum penalty--20 penalty units. 22
44 Obtaining information from the registrar 23
(1) A person or other entity may apply to the registrar, in writing, for-- 24
(a) a certificate or information about an event that is, or may be, in a 25
register kept by the registrar; or 26
(b) a copy of a document given to the registrar in relation to the 27
registration or notation of an event in a register kept by the 28
registrar (a "source document"), other than a source document 29
prescribed under a regulation. 30
s 44 35 s 44
Births, Deaths and Marriages Registration Bill 2003
(2) Unless the application relates to historical information, the registrar 1
may refuse the application if the applicant does not have an adequate 2
reason for obtaining the certificate, information or source document. 3
(3) In deciding whether an applicant has an adequate reason for 4
obtaining the certificate, information or source document, the registrar 5
must have regard to-- 6
(a) the relationship, if any, between the applicant and the person to 7
whom the information relates; and 8
(b) the reason that the applicant wants the information; and 9
(c) the use to be made of the information; and 10
(d) the age of the entry; and 11
(e) the contents of the entry or source document; and 12
(f) the sensitivity of the information; and 13
(g) any other relevant factors. 14
(4) If the applicant is not the person who created the source document, 15
the registrar may give the applicant a copy of the source document with 16
information obliterated. 17
(5) A certificate must-- 18
(a) state the information prescribed under a regulation that is in the 19
register for a stated registrable event; or 20
(b) that no entry was located in the register about the stated 21
registrable event. 22
(6) A certificate, other than a certificate containing historical 23
information, must not contain-- 24
(a) the word `illegitimate' or words to that effect; or 25
(b) the word `suicide' or words to that effect; or 26
(c) information prescribed under a regulation.17 27
(7) A certificate is admissible in proceedings as evidence of its contents. 28
(8) A copy of a source document is not admissible in proceedings as 29
evidence of its contents. 30
17 Also see the Corrective Services Act 2000, section 19 (Registration of birth) for
other information that must not be contained on a certificate.
s 45 36 s 48
Births, Deaths and Marriages Registration Bill 2003
(9) If an application relates to historical information, the application may 1
be made by electronic means. 2
45 Information policies 3
(1) The registrar may allow an entity to obtain information contained in a 4
register other than under section 44.18 5
(2) The registrar must maintain a written statement of the policies 6
relating to who may obtain the information under subsection (1). 7
(3) The registrar must give a copy of the statement to any person who 8
asks for it. 9
46 Protection of privacy 10
(1) This section applies if the registrar gives an entity, or allows an entity 11
to obtain, information contained in a register. 12
(2) The registrar must, as far as practicable, protect the persons to whom 13
the information relates from unjustified intrusion on their privacy. 14
(3) For this purpose, the registrar may impose conditions when giving 15
someone information, or access to information, contained in a register. 16
47 Control of records 17
Despite the Public Records Act 2002, the registrar is to retain control 18
over access to any information supplied or records maintained under this 19
Act. 20
48 Additional services 21
(1) Subject to section 46,19 the registrar may enter into an arrangement 22
with an entity for the provision of information in a register that is in the 23
public interest, including information in bulk or historical or genealogical 24
information. 25
26
Examples of a person who the registrar may enter into an arrangement with--
27
A department, or non-profit organisation, conducting medical research.
18 Section 44 (Obtaining information from the register)
19 Section 46 (Protection of privacy)
s 49 37 s 51
Births, Deaths and Marriages Registration Bill 2003
(2) If the registrar enters into an arrangement, the registrar may charge a 1
fee for the service that is not more than the actual cost of providing the 2
service. 3
PART 8--GENERAL 4
49 Appealing registrar's decisions 5
(1) A person who is dissatisfied with a decision of the registrar may 6
appeal to the District Court. 7
(2) The District Court may-- 8
(a) confirm, amend or reverse the registrar's decision; or 9
(b) make consequential and ancillary orders and directions. 10
50 False or misleading representation 11
(1) A person must not give information to a person under this Act that the 12
person knows is false or misleading in a material particular. 13
Maximum penalty--80 penalty units. 14
(2) Subsection (1) does not apply to information given in a document, if 15
the person when giving the document-- 16
(a) informs the person being given the document, to the best of the 17
person's ability, how the information is false or misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information--gives the correct information. 20
(3) It is enough for a complaint against a person for an offence against 21
subsection (1) to state that the information was `false or misleading', 22
without specifying whether it was false or whether it was misleading. 23
51 Unauthorised access to or interference with register 24
(1) A person must not, without lawful authority-- 25
(a) access a register or information in a register; or 26
(b) make, alter or delete an entry in a register; or 27
s 52 38 s 54
Births, Deaths and Marriages Registration Bill 2003
(c) interfere with a register in any other way. 1
Maximum penalty--100 penalty units. 2
(2) Without limiting subsection (1), a person has lawful authority to do 3
something in that subsection if-- 4
(a) the person is doing the thing to carry out a function under this or 5
another Act; or 6
(b) the registrar has authorised the person to do the thing. 7
52 Proceedings for offences 8
(1) A proceeding for an offence against this Act is a summary proceeding 9
under the Justices Act 1886. 10
(2) The proceeding must start-- 11
(a) within 1 year after the offence was committed; or 12
(b) within 6 months after the offence came to the complainant's 13
knowledge, but within 2 years after the offence was committed. 14
53 False certificates 15
The registrar may confiscate-- 16
(a) a document that the registrar reasonably believes bears a forged 17
facsimile of the registrar's signature or seal; or 18
(b) a certificate or other document purporting to be a certificate or 19
other document under this Act that the registrar reasonably 20
believes has been forged; or 21
(c) a certificate under this Act about a registrable event if the entry in 22
a register about the event has been amended or cancelled since 23
the certificate was issued. 24
54 Protection from liability 25
(1) The registrar, the deputy registrar, and the registrar's staff do not 26
incur civil liability for an act done, or omission made, honestly and without 27
negligence under this Act. 28
s 55 39 s 56
Births, Deaths and Marriages Registration Bill 2003
(2) In particular, the registrar, the deputy registrar and the registrar's staff 1
do not incur civil liability for information contained in a document that is 2
obtained under section 44.20 3
(3) If subsection (1) or (2) prevents civil liability attaching, the liability 4
attaches instead to the State. 5
55 Approved forms 6
(1) The chief executive may approve forms for use under this Act. 7
(2) An approved form is not properly completed unless-- 8
(a) the form is completed in English; and 9
(b) if a regulation prescribes particulars to be application 10
information for the form--the form contains the prescribed 11
particulars. 12
56 Regulation-making power 13
(1) The Governor in Council may make regulations under this Act. 14
(2) For example, a regulation may-- 15
(a) impose a penalty of not more than 20 penalty units for a 16
contravention of a provision of a regulation; and 17
(b) prescribe information to be contained in a particular approved 18
form, certificate, extract or register; and 19
(c) prescribe information to be contained on the registrar's seal; and 20
(d) prescribe the way in which a register is to be corrected; and 21
(e) prescribe information that a court may consider when deciding or 22
changing a child's name; and 23
(f) prescribe fees for this Act, including for example, a fee for the 24
registration of information under a court order; and 25
(g) prescribe an area of the State to be a registry district. 26
20 Section 44 (Obtaining information from the registrar)
s 57 40 s 58
Births, Deaths and Marriages Registration Bill 2003
PART 9--TRANSITIONAL PROVISIONS 1
57 Transitional provisions 2
(1) A certificate or other document issued under the Registration of 3
Births, Deaths and Marriages Act 1962 is taken to have been issued under 4
this Act. 5
(2) The registers kept under the Registration of Births, Deaths and 6
Marriages Act 1962 form part of the registers under this Act. 7
(3) The person holding office as registrar general immediately before the 8
commencement of this Act continues as the registrar under this Act. 9
(4) The person holding office as deputy registrar general immediately 10
before the commencement of this Act continues as the deputy registrar 11
under this Act. 12
(5) The Registration of Births, Deaths and Marriages Act 1962 continues 13
to apply to-- 14
(a) an application that was made under that Act but has not been 15
decided before the commencement of this section; and 16
(b) a document that was lodged under that Act but has not been dealt 17
with before the commencement of this section; and 18
(c) a notation or registration that was started under that Act but has 19
not been completed before the commencement of this section. 20
(6) The Registration of Births, Deaths and Marriages Act 1962, sections 21
32, 33 and 35 continues to apply to a pre-commencement death as defined 22
in the Coroners Act 2003. 23
PART 10--REPEAL AND CONSEQUENTIAL 24
AMENDMENTS 25
58 Repeal 26
The Registration of Births, Deaths and Marriages Act 1962 is repealed. 27
s 59 41 s 59
Births, Deaths and Marriages Registration Bill 2003
59 Consequential amendments 1
Schedule 1 amends the Acts it mentions. 2
42
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 59 3
ADOPTION OF CHILDREN ACT 1964 4
1 Section 6, definition "registrar general"-- 5
omit, insert-- 6
` "registrar general" means the registrar under the Births, Deaths and 7
Marriages Registration Act 2003.'. 8
CORONERS ACT 2003 9
1 Section 8(3)(h)-- 10
omit. 11
2 Section 12(2)(b)(v)-- 12
omit. 13
3 After section 24-- 14
insert-- 15
`24A Autopsy certificate 16
`(1) This section applies to a doctor who conducts an autopsy. 17
`(2) As soon as practicable after completing an autopsy, the doctor 18
must-- 19
(a) complete an autopsy notice in the approved form; and 20
(b) give the notice to the registrar under the Births, Deaths and 21
Marriages Registration Act 2003. 22
43
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
`(3) As soon as practicable after the doctor determines the cause of 1
death, or the doctor finally decides that the doctor can not determine the 2
cause of death, the doctor must-- 3
(a) complete an autopsy certificate in the approved form; and 4
(b) give the certificate to the registrar under the Births, Deaths and 5
Marriages Registration Act 2003. 6
7
Example--
8
After completing an autopsy, the doctor may decide that the doctor can not determine
9
the cause of death until the doctor receives the results of toxicology tests. If the results
10
of the toxicology tests are inconclusive, the doctor may finally decide that the doctor
11
can not determine the cause of death.
`(4) If, after completing an autopsy, the doctor determines the cause of 12
death, or the doctor decides that the doctor can not determine the cause of 13
death the doctor need not comply with subsection (2). 14
`(5) However, if the doctor is unable to do something required by 15
subsection (2) or (3), another appropriately qualified doctor can do the 16
thing. 17
`(6) In this section-- 18
"approved form" means a form approved by the chief executive of the 19
department in which the Births, Deaths and Marriages Registration 20
Act 2003 is administered. 21
"autopsy" includes a post-mortem examination under the Coroners 22
Act 1958.'. 23
4 Section 25(2)-- 24
omit, insert-- 25
`(2) However, if the doctor is unable to do something required by 26
subsection (1), another appropriately qualified doctor can do the thing.'. 27
5 Section 45(2)(d)-- 28
omit, insert-- 29
`(d) where the person died, and in particular whether the person died 30
in Queensland; and'. 31
44
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
6 Section 95(2)(a)(i)-- 1
omit, insert-- 2
`(i) a certificate of the cause of death under the Births, Deaths 3
and Marriages Registration Act 2003 has been issued with 4
the coroner's consent; or'. 5
7 After section 96-- 6
insert-- 7
`97 Notifying registrar when body is released and investigation ends 8
`(1) When a coroner orders the release of a deceased person's body for 9
burial, or to another jurisdiction, under section 26,21 the coroner must give a 10
copy of the order to the registrar under the Births, Deaths and Marriages 11
Registration Act 2003. 12
`(2) On completion of an investigation into a death, a coroner must give 13
the registrar under the Births, Deaths and Marriages Registration Act 2003 14
a written notice, in the approved form, that states-- 15
(a) who the deceased person was; and 16
(b) when the person died; and 17
(c) where the person died, and in particular whether the person died 18
in Queensland; and 19
(d) what caused the person to die; and 20
(e) the date of the coroner's findings; and 21
(f) whether or not an inquest has been held into the death, and if an 22
inquest has been held, the date and place of the inquest. 23
`(3) In this section-- 24
"approved form" means a form approved by the chief executive of the 25
department in which the Births, Deaths and Marriages Registration 26
Act 2003 is administered.'. 27
21 Section 26 (Control of body)
45
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
8 Part 6, before section 100-- 1
insert-- 2
`Division 1--Transitionals for Act as enacted'. 3
9 Part 8-- 4
omit, insert-- 5
`Division 2--Transitionals for Births, Deaths and Marriages 6
Registration Act 2003 7
`106 Deaths reported under the old 3 month rule 8
`(1) This section applies to a death reported under section 8(3)(h) as in 9
force immediately before the commencement of this section. 10
`(2) This Act as in force immediately before the commencement of this 11
section continues to apply to the death.'. 12
10 Schedule 2, definition "cause of death certificate", 13
paragraph (a)-- 14
omit, insert-- 15
`(a) a cause of death certificate under the Births, Deaths and 16
Marriages Registration Act 2003; or'. 17
11 Schedule 2, definition "cause of death certificate", paragraph (b), 18
`Registration of Births, Deaths and Marriages Act 1962'-- 19
omit, insert-- 20
`Births, Deaths and Marriages Registration Act 2003'. 21
12 Schedule 2, definition "stillborn child"-- 22
omit, insert-- 23
` "stillborn child" means a stillborn child as defined in the Births, Deaths 24
and Marriages Registration Act 2003.'. 25
46
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
CORRECTIVE SERVICES ACT 2000 1
1 Section 19(2), `Registration of Births, Deaths and Marriages 2
Act 1962'---- 3
omit, insert-- 4
`Births, Deaths and Marriages Registration Act 2003'. 5
CREMATIONS ACT 2003 6
1 Schedule, definition "Queensland cause of death certificate"-- 7
omit, insert-- 8
` "Queensland cause of death certificate" means-- 9
(a) either of the following certificates under the Registration of 10
Births, Deaths and Marriages Act 1962-- 11
(i) a medical certificate of the cause of death, other than a 12
certificate mentioned in section 31 of that Act; or 13
(ii) a medical certificate of the cause of peri-natal death, other 14
than a certificate that section 24(4) of that Act deems not to 15
be a medical certificate as to the cause of death; or 16
(b) a cause of death certificate under the Births, Deaths and 17
Marriages Registration Act 2003.'. 18
2 Schedule, definition "stillborn child"-- 19
omit, insert-- 20
` "stillborn child" means a stillborn child as defined in the Births, Deaths 21
and Marriages Registration Act 2003.'. 22
47
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
HEALTH ACT 1937 1
1 Part 3, division 1-- 2
omit. 3
JUVENILE JUSTICE ACT 1992 4
1 Section 224(1), definition "document" and (2)(b)(i), `Registration 5
of Births, Deaths and Marriages Act 1962'-- 6
omit, insert-- 7
`Births, Deaths and Marriages Registration Act 2003'. 8
LAND TAX ACT 1915 9
1 Section 17A-- 10
insert-- 11
`(4) In this section-- 12
"registrar-general" means the registrar under the Births, Deaths and 13
Marriages Registration Act 2003.'. 14
POLICE POWERS AND RESPONSIBILITIES ACT 2000 15
1 Schedule 4, definition "registrar-general"-- 16
omit, insert-- 17
` "registrar-general" means the registrar under the Births, Deaths and 18
Marriages Registration Act 2003.'. 19
48
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1 (continued)
PUBLIC TRUST ACT 1978 1
1 Section 124-- 2
insert-- 3
`(2) In this section-- 4
"registrar-general" means the registrar under the Births, Deaths and 5
Marriages Registration Act 2003.'. 6
STATUS OF CHILDREN ACT 1978 7
1 Section 9(5)-- 8
omit, insert-- 9
`(5) In this section-- 10
"registrar-general" means the registrar under the Births, Deaths and 11
Marriages Registration Act 2003.'. 12
WITNESS PROTECTION ACT 2000 13
1 Section 38(1)(d), `Registration of Births, Deaths and Marriages Act 14
1962'-- 15
omit, insert-- 16
`Births, Deaths and Marriages Registration Act 2003'. 17
2 Schedule 2, definition "registrar-general"-- 18
omit, insert-- 19
` "registrar-general" means the registrar under the Births, Deaths and 20
Marriages Registration Act 2003.'. 21
49
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 4 3
"application information" see section 41.22 4
"autopsy" means an autopsy or post mortem under-- 5
(a) the Coroners Act 1958, the Coroners Act 2003 or the 6
Transplantation and Anatomy Act 1979; or 7
(b) a law of another State or country that corresponds to an Act 8
mentioned in paragraph (a). 9
"birth" means the expulsion or extraction of a child from its mother. 10
"birth registration application" see section 9.23 11
"cause of death certificate" see section 30.24 12
"certificate" includes an extract. 13
"child" includes a stillborn child. 14
"coroner" means a coroner under the Coroners Act 2003. 15
"corresponding law" means a law of another State that provides for the 16
registration of births, deaths and marriages. 17
"death registration application" means a death registration application 18
under section 29.25 19
"deputy registrar" see section 35(1).26 20
"fee" includes a tax. 21
"guardian" means a guardian who has been appointed under a law of a 22
State or the Commonwealth. 23
22 Section 41 (Registering events in register)
23 Section 9 (How to apply to register the birth of a child)
24 Section 30 (Cause of death certificate)
25 Section 29 (How to apply to register the death of a person)
26 Section 35 (The deputy registrar)
50
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 2 (continued)
"historical information" means information in a register that relates to an 1
event that was registered before a period prescribed under a 2
regulation. 3
4
Example--
5
A regulation may prescribe that the information in the birth register for any births
6
that were registered more than 90 years ago is historical information.
"marriage certificate" means an official certificate of marriage under the 7
Marriage Act 1961 (Cwlth), section 50.27 8
"midwife" means a midwife within the meaning of the Nursing Act 1992. 9
"non-Queensland coroner" means a person who holds a position 10
equivalent to a coroner in another State. 11
"non-Queensland court" means-- 12
(a) a court of another State; or 13
(b) a Commonwealth court. 14
"person" includes a child. 15
"prohibited name" means a name that-- 16
(a) is obscene or offensive; or 17
(b) could not practically be established by repute or usage-- 18
(i) because it is too long; or 19
(ii) because it consists of, or includes, symbols without 20
phonetic significance; or 21
(iii) for another reason; or 22
(c) includes or resembles an official title or rank; or 23
(d) is, or includes, a statement; or 24
25
Examples--
26
"Save Mother Earth" or "Down with Capitalism"
(e) is contrary to the public interest for another reason; or 27
(f) a regulation states is a prohibited name. 28
27 Marriage Act 1961, section 50 (Marriage certificates)
51
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 2 (continued)
"Queensland court" means a court of Queensland. 1
"recognition certificate" means a certificate issued under the law of 2
another State that identifies the person who is the subject of the 3
certificate as-- 4
(a) having undergone sexual reassignment surgery; and 5
(b) being the sex stated in the certificate. 6
"register", used as a noun, means-- 7
(a) a register mentioned in section 40; and
28
8
(b) the Adopted Children Register under the Adoption of Children 9
Act 1964. 10
"register", used as a verb, means to enter information about a registrable 11
event into the register. 12
"registering authority" means an authority responsible under a 13
corresponding law for the registration of births, deaths and marriages. 14
"registrable event" means-- 15
(a) a birth, death, marriage or change of name; or 16
(b) an adoption under the Adoption of Children Act 1964; or 17
(c) another event for which the registrar is required, under another 18
Act, to record in a register. 19
"registrar" see section 34(1).29 20
"school of anatomy" means a school of anatomy under the 21
Transplantation and Anatomy Act 1979. 22
"seal" includes a stamp. 23
"sexual reassignment surgery" means a surgical procedure involving the 24
alteration of a person's reproductive organs carried out-- 25
(a) to help the person to be considered to be a member of the 26
opposite sex; or 27
(b) to correct or eliminate ambiguities about the sex of the person. 28
28 Section 40 (The registers)
29 Section 34 (The registrar)
52
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 2 (continued)
"stillbirth" means the birth of a stillborn child. 1
"stillborn child" means a child-- 2
(a) who has shown no sign of respiration or heartbeat, or other sign 3
of life, after completely leaving the child's mother; and 4
(b) who-- 5
(i) has been gestated for 20 weeks or more; or 6
(ii) weighs 400 g or more. 7
"vessel" includes a hovercraft. 8
9
10
© State of Queensland 2003
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