Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Births, Deaths and Marriages Registration Bill 2003
BIRTHS, DEATHS AND MARRIAGES
REGISTRATION BILL 2003
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
To repeal the Registration of Births, Deaths and Marriages Act 1962
("the RBDM Act") and replace it with the Births, Deaths and Marriages
Registration Bill 2003 which is based on the model law for the registration
of births, deaths and marriages.
Reasons for the objectives and how they will be achieved
This Bill originated from a national plan to establish greater nationwide
co-operation between births, deaths and marriages registry services. To
this end, a draft model law was developed by State and Territory registrars
of births, deaths and marriages.
A draft Bill was endorsed by the Standing Committee of Attorneys-
General (SCAG) and has been the model on which the registration of
births, deaths and marriages legislation in other jurisdictions has been
based. The model law has been adopted in all Australian jurisdictions
except Queensland.
The model law is not uniform legislation. Various jurisdictions have
provisions which differ from the original legislation in order to suit local
conditions. However, most features of the model law remain and are
continued by all participating jurisdictions.
This Bill will repeal the RBDM Act and replace it with legislation based
on the model law. This is an opportunity to modernise and simplify the
present legislative scheme.
A discussion paper titled Possible Adoption of the Model Law for the
Registration of Births, Deaths and Marriages was released in Queensland
in July 2000. The discussion paper canvassed the possible repeal of the
present legislation and adoption of the model law.
2
Births, Deaths and Marriages Registration Bill 2003
All submissions received in response to the discussion paper supported
adoption of the model law with modifications to suit local conditions.
The key features of the Bill are:--
Change of name register
The Bill introduces a change of name register. The register will be of
significant benefit to the people of Queensland, to law enforcement and
other authorities. Presently, a person may change his or her name through
"repute or usage" or formally by deed poll. A change of name by deed poll
can be expensive and there is no cross-referencing of changes of name by
deed poll across the court registries. As a result, there is no audit trail in
relation to changes of name.
The change of name register will record changes of name (for people
born in Queensland and people born overseas but resident in Queensland)
in a central register. Unless a person is changing their name back to their
birth name or was born overseas, any change of name will be recorded
against the person's birth entry. This will allow for an audit trail for
authorities and also assist members of the public by having a central record
of any name change.
If a Queensland born person, or a person whose adoption has been
registered in Queensland, has already legally changed name interstate, this
change may be noted on the person's birth or adoption entry.
Name changes for children
A matter which has been of great concern to parents (particularly
fathers) of ex-nuptial children, is the inequity in the present legislation
between parents of nuptial and ex-nuptial children, as far as naming of their
children is concerned.
The provisions of the new Bill will operate so that mothers of ex-nuptial
children will no longer be able to unilaterally change a child's name
without the registered father's consent. Parental disputes over the changing
of a child's name may be resolved by the Magistrates Court.
The Bill provides that information may be prescribed to assist the court
in naming children. It is expected that this information may include:--
· The number of previous changes to the child's name;
· The views of both of the child's parents;
3
Births, Deaths and Marriages Registration Bill 2003
· The views of the child;
· The child's cultural, Indigenous or ethnic background and
whether the proposed name change is likely to impact on the
child's sense of cultural identity.
Change of name provisions generally
The Bill sets out the circumstances in which changes of both first names
and surnames can be registered.
The Bill provides that the given names of a child can be changed once on
the birth register within 12 months of the child's birth. After 12 months of
age, the first names of a child should not be changed any more than once
before the child reaches his or her majority. This is because the child's
sense of identity is strongly tied to his or her name. The Bill also provides
that the consent of the child is required if the child is 12 years of age or
more. If necessary, a Magistrates Court can order a change of name in
excess of these limitations. However, this should only occur in exceptional
circumstances, for example, to protect a child from domestic violence.
The Bill provides that an adult can apply for a change of first or
surnames once per year unless otherwise ordered by a court. A similar
limitation applies to the children's surnames.
Name of parent on birth registration
A matter which has caused concern under the present Act, is that
mothers of ex-nuptial children may refuse to have the father's details
recorded on the birth registration. Presently, the mother needs to agree to
have the father's details entered into the register. If she refuses to allow the
father's details to be recorded there is no other recourse available to the
father. Under Bill, the father will have a method of recording his details in
the register.
Assistance with research
The Bill will provide greater scope for the registrar-general to assist
those organisations involved in medical and other research in the public
interest. The present Act is very restrictive about the types of services that
can be provided.
4
Births, Deaths and Marriages Registration Bill 2003
However, the Bill also provides that the registrar-general must protect the
persons to whom information relates from unjustified intrusion into their
privacy. Therefore, the registrar-general may impose conditions when giving
someone information, or access to information contained in the register.
Court findings of parentage
The Bill states that the registrar-general is not to include information
about the identity of a child's parent in the birth register unless the person
signed a birth registration application and the registrar is satisfied that the
person is a parent of the child. The registrar can also include information
about a parent if the registrar is entitled under s18C of the Status of
Children Act 1978 to presume that the person is the parent of the child.
The Bill provides that one parent may make an application about the
identity of the other parent if the other parent cannot join in the application
because he or she is dead, cannot be found, the parent is unable to apply for
some other reason, or the other parent does not dispute the correctness of
the information.
Although the latter provisions are necessary, there may be cases in which
the registrar-general may not be certain about the inability of the other
parent to apply. For example, the registrar-general may be in possession of
conflicting information about who a child's parent is. Important legal and
personal ramifications can result from having parentage details entered on a
birth certificate, so the registrar-general must be certain of the parent's
identity.
For this reason, the Bill has an added safeguard to ensure that the correct
parentage information is included in the birth register. The Bill therefore
provides that the registrar-general can require a person who claims to be
parent of a child to prove it by producing a copy of a court finding that the
person is the parent of the child. The present Act contemplates production
of a declaration of paternity under the Status of Children Act 1978 on the
application of the mother only. The power will be supported by guidelines
which will be included in the Regulation.
Death certification
The RBDM Act has provisions concerning the medical certificate of the
cause of death. The purpose of the certificate is to allow the cause of death
to be included in the death register. Also, a body cannot be disposed of
5
Births, Deaths and Marriages Registration Bill 2003
without the certificate, or, in the absence of such a certificate, a Coroner's
order allowing for disposal of the body.
The Bill provides obligations on doctors to issue cause of death
certificates when they are able to form an opinion as to the probable cause
of death. This can be ascertained by the doctor having attended the
deceased person when the person was alive, examining the body or having
information about the person's medical history and the circumstances of
the death.
It is hoped that the wording of the Bill will ensure that deaths are not
needlessly reported to the Coroner, while at the same time ensuring that
there is some meaningful assessment of the probable cause of death so that
suspicious deaths do not evade detection.
Administrative cost to Government of implementation
The total cost of implementation will be $548,300 in 2003/04, $323,000
in 2004/05, $356,000 in 2005/06 and $361,800 in 2006/07. For the 2003/
04, these costs will include general costs of $224,400 and $177,500 for the
establishment of the change of name register.
In order to accommodate the needs of groups such as genealogists and
family researchers, the registrar-general proposes to produce "historical"
(birth, death and marriage) certificates after the new legislation comes into
effect. An amount of $111,400 is allocated for this purpose.
It is anticipated that the revenues will be $339,100 in 2003/04, $474,700
in 2004/05, $498,400 in 2005/06 and $523,300 in 2006/07.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the Fundamental Legislative Principles
CONSULTATION
Community
The Roal College of Pathologists of Australasia, the AMAQ, the
Queensland Law Society, the Bar Association, the President of the Court of
Appeal, the Chief Justice, the Chief Judge of the District Court, the Acting
Chief Stipendiary Magistrate, the Brisbane Coroner, the Queensland
Nurse's Union, Dr John de Groot, the Local Government Association of
6
Births, Deaths and Marriages Registration Bill 2003
Queensland, The Association of Australian-Owned Funeral Directors, the
Independent Funeral Directors Association of Queensland, and the
Queensland Funeral Directors Association were consulted in relation to
this Bill.
Government
The Departments of Premier and Cabinet, Families, Aboriginal and
Torres Strait Islander Policy, Queensland Treasury, Queensland Health, the
Queensland Police Service and the Government Statistician have been
consulted in relation to the Bill.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause2 provides that the Act commences on a day to be fixed by
proclamation.
Clause 3 sets out the objects of the Act.
Clause 4 provides that the Dictionary in Schedule 2 defines particular
words for the Act.
PART 2--BIRTHS
Clause 5 contains the provisions regarding notification of birth. The
clause provides that, for each child born in Queensland, the responsible
person must give a notice to the registrar. The primary emphasis for giving
the notice is on the person in charge of the hospital, if the child was born in
the hospital or was brought to the hospital within 24 hours of the birth.
However, if neither of these events occurs, responsibility for notification
descends from the doctor present to a person taking physical custody of an
7
Births, Deaths and Marriages Registration Bill 2003
abandoned child. The notice must be given within 2 working days of the
birth.
Clause 6 sets out the circumstances in which the birth of a child must be
registered in Queensland. The child must be born in Queensland. Also, the
birth can be registered if a Queensland court finds that the child was born in
Queensland and makes an order that directs the birth be registered and
states the particulars about the birth that are prescribed.
The clause only applies to stillbirths occurring after 30 April 1989. This
is the date of commencement of the Registration of Births, Deaths and
Marriages Act Amendment Act 1989, which provided for the registration of
stillbirths.
Clause 7 provides for the circumstances in which the registrar-general
has a discretion to register the birth of a child. Clause 7(1) provides that the
birth may be registered in Queensland if the child is born on an aircraft or
vessel outside Queensland and is not, between the time the child is born
and when the child arrives in Queensland, taken to a place outside
Queensland. If the child is taken to a "place" other than Queensland, it is
appropriate that the birth be registered there.
Clause 7(1) is intended to cover the situation in which a child is born
outside of Queensland and is repatriated to Queensland for example, to
receive medical care. The subclause should be read in conjunction with
7(6) which provides that "place" does not include an aircraft or vessel.
Clause 7(2) is based on section 27 of the RBDM Act, and provides that
the birth of a child outside Australia may be registered in Queensland if the
child's parents intend to live in Queensland and when the application for
registration is made the child is resident in Queensland and not older than
18 months.
Clause 7(4) provides that the death of a stillborn child may be registered
under the Act if, at the same time, the registrar is able to register the death
of the child. The section is based on section 29A of the RBDM Act, which
provides that the births (and deaths) of stillborn children occurring prior to
the enactment of the Registration of Births, Deaths and Marriages
Amendment Act 1989 could be registered. By requiring that both the birth
and death are registered, the Registry is then able to issue birth and death
certificates for the child.
Clause 7(5) provides that the registrar must not register under this
section a birth that has been registered in another State or country. This
tries to avoid dual registrations.
8
Births, Deaths and Marriages Registration Bill 2003
Clause 8 follows the scheme provided for in the model law by providing
that it is the responsibility of both parents of the child to register the birth
of their child. However, Clause 8(2) provides that the registrar may accept
an application completed by only one parent if the other parent is unable or
unlikely to sign the application.
Clause 8(4) provides that if an application is not received under clause
8(1), the registrar may require other people to apply to register the birth.
This will enable the registrar to set in place the birth registration process,
despite the fact that an application to register the birth has not been
received under subclauses (1), (2) or (3).
Clause 9 outlines how to apply to have the birth of a child registered.
The application must be given to the registrar within 60 days of the birth,
however the registrar may accept an application given more than 60 days
after the birth if satisfied that the birth happened.
Clause 10 provides for when the registrar may include parentage details
on the birth register. These provisions apply when a person applies to
register the birth, or after registration of the birth.
Clause 10(2) provides that the registrar must not include information in
the births register about the parentage of a child unless the person signed a
birth registration application and the registrar is satisfied that the person is
the parent of the child, or the registrar is entitled under section 18C of the
Status of Children Act 1978 to presume that the person is the parent of the
child.
Clause 10(3) allows the registrar to include information about the
identity of a parent who did not sign the birth registration application in
certain circumstances.
Clause 10(4) provides that the registrar may require a person claiming to
be the parent of a child to prove it by giving the registrar a copy of a court
finding mentioned in section 18C of the Status of Children Act 1978. This
power is to be supported by guidelines to be included in the Regulation to
the Act.
Clause 11 provides that a court, on application by an interested person or
its own initiative, may order the registrar to register the birth of a child born
in Queensland or include or correct application information about the
child's birth, other than the child's name, in the register of births. The
process for change of a child's name is provided for in other provisions.
Clause 12 provides that a birth registration application (other than an
application to register the birth of a stillborn child), must state the child's
9
Births, Deaths and Marriages Registration Bill 2003
name. There is no requirement for the parents of a stillborn child to provide
a name for the child, however, they may if they wish.
Clause 12(2) provides that if only one name is provided for a child, that
name will be registered as the surname of the child. This is necessary as the
model law does not stipulate that the first name of the child will be
automatically joined with the surname/s of the mother or father. If only one
name is included in the application, it would not be appropriate for the
registrar to choose a surname for the child. Under current administrative
procedures, the birth indexes are compiled on the basis of surnames. Unless
a surname is stipulated for the child, the name chosen by the parents would
need to be indexed with surnames.
Clause 12(3) provides the circumstances in which the registrar may
choose a name for a child.
Clause 12(6) provides that if the child's parents cannot agree on a name
for the child either parent may apply to a Magistrates Court to decide the
name. Clause 56 provides that a regulation may prescribe information the
court may consider when it is making a decision on a child's name.
Clause 13 provides that the parents or guardian of a child may apply to
change the child's first name on the birth register once within a year of the
child's birth. Any disputes regarding the change of the child's name may be
determined by the Magistrates Court.
Clause 14 sets out the procedure on reregistration of birth or adoption.
Reregistration may occur if, because of the number of notes on the entry it
would be desirable to reregister the birth, a person applies to have a birth or
adoption reregistered after a change of name has been noted under the Act
or a person has had a change of sex noted under the Act.
PART 3--CHANGE OF NAME
Clause 15 provides that a person's name may be changed by registration
under this Part, unless the change has been registered under a
corresponding law or by other legal process in another State. The clause
provides that it is no longer possible to change a person's name by deed
poll in Queensland. The part does not prevent the change of a person's
name by repute or usage.
10
Births, Deaths and Marriages Registration Bill 2003
Clause 16 provides that an adult person may apply to have a change of
name entered into the change of name register only if the person's birth or
adoption was registered in Queensland or the person was born outside
Australia, but the person ordinarily resides in Queensland.
Clause 17 provides that the parents or guardian of a child may apply to
register the change of a child's name if the child's birth or adoption was
registered in Queensland or the child was born outside Australia, but the
child ordinarily resides in Queensland. A dispute about the change of the
child's name may be determined by the Magistrates Court.
Clause 18 provides that if a child is 12 years of age of more, the consent
of the child must be obtained. This does not apply if the child is unable to
understand the meaning or implications of the change. Clause 18(1) does
not apply if the court approves the change.
Clause 19 provides that when a person applies for a change of name, the
registrar may require evidence of the person's identity and age and that the
change is not sought for a fraudulent or improper purpose. A change of
name must not be registered if the registrar reasonably suspects that the
change is sought for a fraudulent or improper purpose, or is not satisfied of
the applicant's identity and of the identity of the person whose change of
name is to be registered. The registrar must not approve an application to
register a change of name to a prohibited name.
Clause 20 provides that if a person's birth or adoption is registered in
Queensland and the person's name has been changed under the law of
another State or other legal process (which includes the order of a court),
the person may apply to the registrar to note the change of name in the
register of births or the adopted children register.
Clause 21 provides for limitations on the number of times that names
can be changed. An application to change a child's first name may be made
only once before the child turns 18. This is because a child's sense of
identity is strongly tied to its name. This provision is in addition to the
ability of the parents or guardians to change the child's name on the birth
register prior to 12 months of age (see clause 13). A Magistrates Court may
make an additional change of first name, but only in exceptional
circumstances, such as to protect a child from domestic violence.
Any other changes of name may be made once every 12 months, unless a
Magistrates Court has approved the change of name.
11
Births, Deaths and Marriages Registration Bill 2003
PART 4--REASSIGNMENT OF SEX
Clause 22 provides that the reassignment of a person's sex after sexual
reassignment surgery may be noted in the person's entry in the register of
births or adopted children register, only if the person is not married.
Clause 23 provides that an application to note reassignment of sex may
be made by an adult or the parents or guardian of a child. The application
must be accompanied by the statutory declarations of 2 doctors verifying
that the person has undergone sexual reassignment surgery or a recognition
certificate. The definition of "doctor" includes a person who is registered as
a medical practitioner in another country corresponding to the Medical
Practitioners Registration Act 2001. A statutory declaration may also be
taken by a notary public in another country.
Clause 24 provides that a person who has had a reassignment of the
person's sex entered into a register maintained under a corresponding law,
is a person of the sex as reassigned. A person who is the subject of a
recognition certificate is a person of the sex as stated in the recognition
certificate, however, the person must comply with clause 23 for the
reassignment of sex to be noted under the Act. If the reassignment of a
person's sex is noted under this Act, the person is a person of the sex as
reassigned.
PART 5--MARRIAGES
Clause 25 provides that a marriage solemnised in Queensland must be
registered under this Act.
PART 6--DEATHS
Clause 26 provides when deaths must be registered under this Act. This
is when a person dies in Queensland.
12
Births, Deaths and Marriages Registration Bill 2003
Also, a death must be registered if a Queensland court finds:--
· that the death happened in Queensland;
· the name of the deceased; and
· the date or approximate date of death; and
the court makes an order that--
· directs that the death be registered; and
· states the findings mentioned in (1)(b)(i) and any other
particulars that are prescribed.
The death must also be registered when a Coroner finds that the death
happened in Queensland, the name of the person and the date or
approximate date of the person's death.
Clause 27 sets out when deaths may be registered in Queensland. This
includes the situation in which a death occurs outside Queensland and the
body is repatriated to Queensland without stopping at a place which is not
in Queensland. If a body is taken to a place which is outside of Queensland,
the death should be registered at that place.
Clause 28 provides who is responsible to register a death if a death must
be registered in Queensland. This is the spouse or relative of the deceased,
unless the spouse or relative has a reasonable excuse. If the registrar does
not receive an application from the spouse or relative, the registrar may
require others, such as the person in charge of the place where the person
died, to register the death. A person must comply with the registrar's
requirement unless the person has a reasonable excuse.
Clause 29 provides how to apply to register the death of a person. An
application to register the death of a person must be in the approved form.
The application must be given to the registrar within 14 days after the
death, or the death is discovered, whichever happens later.
Clause 30 provides the circumstances in which a doctor may issue a
cause of death certificate. These provisions are subject to section 26(5) of
the Coroners Act 2003 which provides when a doctor must not issue a
cause of death certificate. The provision combines the present procedures
in the RBDM Act to provide for one cause of death certificate for both
stillborn children, children under 28 days and adults.
A doctor may issue the certificate when, for a stillborn child, the doctor
was present at the stillbirth or examined the stillborn child's body. This
continues the present regime in section 24 of the RBDM Act.
13
Births, Deaths and Marriages Registration Bill 2003
For deaths other than stillbirths, a doctor who:--
· attended the deceased person when he or she was alive; or
· examined the body of the deceased; or
· has information about the deceased's medical history and the
circumstances of the death; and
· is able to form an opinion as to the probable cause of death
may issue the cause of death certificate.
The Bill envisages a triplicate approved form. The original certificate is
given to the registrar or person arranging for disposal of the body. A copy
is given to the person arranging for disposal of the body. The doctor may
keep a copy.
A doctor must not charge for the issue of a cause of death certificate.
If the doctor reasonably suspects that the doctor, or doctor's spouse, may
receive a benefit because of the person's death, the doctor must not issue a
cause of death certificate for the person.
If the doctor gives the person who is arranging for the disposal of the
deceased person's body the original cause of death certificate, the person
must give the certificate to the registrar within 14 days after the person has
received the certificate.
Clause 31 provides that the District Court, on application by an
interested person or on its own initiative, may order the registration of the
death of a person. However, a person must not apply for an order under (1)
if the person has appealed to the District Court in relation to the same
matter.
Clause 32 provides for notifying about disposal of a deceased person's
body. The provision does not apply to a school of anatomy when disposing
of a human body that was given to it or the disposal of parts of a human
body taken during a medical procedure or autopsy.
Clause 33 provides when a stillborn child is taken to have died. Because
it may be difficult to ascertain the exact time of death of a stillborn in utero,
the provision deems the death to have occurred when the child left the
mother's body and at the place where the mother was when the child left
the mother's body. This gives certainly in determining in which jurisdiction
the death should be registered.
14
Births, Deaths and Marriages Registration Bill 2003
PART 7--ADMINISTRATION
Clause 34 provides that the Governor in Council must appoint a
registrar-general ("the registrar"). The provision sets out the registrar's
functions. These include establishing registers for the Act, and
administering the Act in an efficient, effective and economical way.
Clause 35 provides that the Governor in Council must appoint a deputy
registrar-general ("the deputy registrar"). The provision sets out the deputy
registrar's functions.
Clause 36 provides that the registrar's staff is to consist of staff that are
necessary for the proper administration of the Act.
Clause 37 provides that the registrar may delegate any of his or her
powers under this or another Act, other than the power of delegation.
Clause 38 provides the procedure for executing documents. The registrar
is to have one or more seals. A certificate or other document issued by or
for the registrar must be issued with the imprint of one of the registrar's
seals and the signature, or the facsimile of a signature, of the registrar or the
registrar's delegate.
If a document produced in evidence before a court is apparently signed
and sealed by or for the registrar, the court must presume, in the absence of
evidence to the contrary, that the document was properly issued under the
registrar's authority.
Clause 39 provides for reciprocal administrative arrangements.
Clause 40 provides that the registrar must maintain a register for each
type of registrable event. A register may be wholly or partly in the form of
a computer database, or in documentary form or in another form that the
registrar considers appropriate.
Clause 41 provides that the registrar must register a registrable event if
the registrable event is an event that must be registered under this Act and
the registrar receives certain documents and information. The registrar may
require the person applying for registration to give the registrar evidence to
support the application, or information prescribed under a regulation or
documents prescribed under a regulation. The registrar may register an
event even though the application for registration does not contain all the
application information, or the application was not accompanied by all the
prescribed documents, or a death is being investigated by a Coroner.
15
Births, Deaths and Marriages Registration Bill 2003
Clause 42 provides when the registrar may correct the register. This is on
the order of a Queensland court. The registrar has the discretion to correct
the register in the circumstances outlined.
Clause 43 provides that the registrar may conduct enquiries to ensure
that the register is correct.
Clause 44 provides for the circumstances in which a person or other
entity may obtain information from the register. The clause provides that an
application may be made for a certificate, information or copy of a source
document (other than a source document prescribed by regulation).
Before the registrar gives out that information, the person must show that
the person has adequate reason for obtaining the information, including the
relationship (if any) between the person applying and the person to whom
the information relates, the reason why the applicant wants the information
and the sensitivity of the information.
Clause 45 provides that the registrar may allow an entity to obtain
information contained in a register other than under section 44. The
registrar must maintain a written statement of policies relating to who may
obtain the information under 45(1).
Clause 46 provides that if the registrar gives an entity, or allows an entity
to obtain information in the register, the registrar must, as far as
practicable, protect the persons to whom the information relates from
unjustified intrusion into their privacy. For this purpose, the registrar may
impose conditions when giving someone information, or access to
information, contained in a register.
Clause 47 provides that despite the Pubic Records Act 2002, the registrar
is to retain control over access to any information supplied or records
maintained under this Act.
Clause 48 provides that the registrar may enter into an arrangement with
an entity for the provision of information from the register. This clause
contemplates the supply of bulk information to entities, to assist them to
undertake activities which are in the public interest. This clause is subject
to clause 46, protection of privacy.
16
Births, Deaths and Marriages Registration Bill 2003
PART 8--GENERAL
Clause 49 provides that a person who is dissatisfied with a decision of
the registrar may appeal the decision to the District Court.
Clause 50 provides that a person must not give information under this
Act that the person knows is false or misleading in a material particular.
Subsection (1) does not apply to information given in a document, if the
person when giving the document--
· informs the person being given the document, to the best of the
person's ability, how the information is false or misleading; and
· if the person has, or can reasonably obtain, the correct
information gives the correct information.
Clause 51 provides that a person must not, without lawful authority--
· access a register or information in a register; or
· make, alter or delete an entry in a register; or
· interfere with a register in any other way.
Clause 52 provides for proceedings for offences. A proceeding must
start--
· within 1 year after the offence was committed; or
· within 6 months after the offence came to the complainant's
knowledge, but within 2 years after the offence was committed.
Clause 53 provides that the registrar may confiscate--
· a document that the registrar reasonably believes bears a forged
facsimile of the registrar's signature or seal; or
· a certificate or other document purporting to be a certificate or
other document under this Act that the registrar reasonably
believes has been forged; or
· a certificate under this Act about a registrable event if the entry in
a register about the event has been amended or cancelled since
the certificate was issued.
Clause 54 provides that the registrar, the deputy registrar and the
registrar's staff do not incur civil liability for an act done, or omission made
honestly and without negligence under this Act. In particular, the registrar,
17
Births, Deaths and Marriages Registration Bill 2003
deputy registrar and the registrar's staff do not incur civil liability for
information contained in a document that is obtained under section 44.
Clause 55 provides that the chief executive may approve forms for use
under the Act. An approved form is not properly completed unless the form
is completed in English and if a regulation prescribes particulars to be
application information for the form the form contains the prescribed
particulars.
Clause 56 provides the regulation making power. This includes a power
to prescribe information that a court may consider when deciding on or
changing a child's name.
PART 9--TRANSITIONAL PROVISIONS
Clause 57 provides the transitional provisions for the Act. A certificate
or document issued under the RBDM Act is taken to be issued under this
Act. Applications, notations or registrations made under the RBDM Act and
which are not completed prior to commencement, may be continued under
that Act. A document that was lodged under the RBDM Act but has not
been dealt with before commencement of this Act may be dealt with under
the RBDM Act.
PART 10--REPEAL AND CONSEQUENTIAL
AMENDMENTS
Clause 58 repeals the Registration of Births, Deaths and Marriages Act
1962.
Clause 59 provides that Schedule 1 amends the Acts it mentions.
18
Births, Deaths and Marriages Registration Bill 2003
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS
CORONERS ACT 2003
Items 1and 2 have the effect of removing the current obligation that a
death has to be automatically reported to the Coroner if the deceased
person had not been seen by a doctor in the previous 3 months. This "3
month rule" is being removed because the more relevant question is
whether the doctor is able to form an opinion as to the probable cause of
death (see clause 30 of the Bill) not whether or not the deceased saw a
doctor within a certain period of time prior to death.
If the doctor cannot form an opinion as to the probable cause of death
(which could include because s/he had not seen the deceased for a
considerable period of time prior to death), s/he will not be able to issue a
cause of death certificate. The death in these circumstances will need to be
reported to the Coroner.
Item 3 inserts a new section 24A which provides for the issue of an
autopsy notice and certificate. This section is drawn from the present
procedure in section 31 of the RBDM Act, whereby the doctor who has
performed a post mortem examination under the Coroners Act 1958 is
required to lodge with the registrar-general the doctor's certificate as to the
cause of death as disclosed by the post-mortem examination (Form E).
Under the RBDM Act, the registrar-general may use this form to complete
the death registration.
The new section 24A(2) provides that a doctor is required to give the
registrar an autopsy notice as soon as practicable after completing the
autopsy. Section 24A(3) provides that as soon as practicable after the
doctor determines the cause of death, or the doctor finally decides that the
doctor cannot determine the cause of death, the doctor must complete an
autopsy certificate in the approved form and give that certificate to the
registrar. These provisions apply to matters in progress under the Coroners
Act 1958 as well as the matters under the Coroners Act 2003.
These provisions should be read in conjunction with clause 41(3) of this
Bill which provides that the registrar may register a registrable event even
though the application for registration does not contain all the application
19
Births, Deaths and Marriages Registration Bill 2003
information for a death or the death is still being investigated by a Coroner.
Therefore, for example, if there will be a delay in the issue of an autopsy
certificate under section 24A(3), the registrar will have a discretion to
register the death on the basis of a notice under section 24A(2).
Item 7 inserts a new section 97 to the Coroners Act 2003 which obliges
the Coroner to notify the registrar when a body is released for burial or
cremation and when an investigation ends.
Proposed section 97(1) is based on section 33 of the RBDM Act.
Proposed section 97(2) is based on section 35 of the RBDM Act.
CREMATIONS ACT 2003
Item 2 makes this definition consistent with the new definition of
stillborn child in the Bill.
HEALTH ACT 1937
Item 1 omits the birth notification provision in the Health Act 1937.
SCHEDULE 2
DICTIONARY
Contains the definitions for the Bill.
© State of Queensland 2003