BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 44
Obtaining information from the registrar
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 44
Obtaining information from the registrar
44 Obtaining information from the registrar
(1) A person or other entity may apply to the registrar, in writing, for any
of the following (the
"requested information" )—
(a) a certificate or information about an event
that is, or may be, in a register kept by the registrar;
(b) a copy of a
source document.
(1A) The application may be given to the registrar
electronically.
(2) Unless the application relates to historical information,
the registrar may refuse the application if the applicant does not have an
adequate reason for obtaining the requested information.
(3) In deciding
whether an applicant has an adequate reason for obtaining the
requested information, the registrar must have regard to—
(a) the
relationship, if any, between the applicant and the person to whom the
information relates; and
(b) the reason that the applicant wants the
information; and
(c) the use to be made of the information; and
(d) the age
of the entry; and
(e) the contents of the entry or source document; and
(f)
the sensitivity of the information; and
(g) any other relevant factors.
(4)
If the applicant is not the person who created the source document, the
registrar may give the applicant a copy of the source document with
information obliterated.
(5) A certificate must state—
(a) the information
prescribed under a regulation that is in the register for a stated registrable
event; or
(b) that no entry was located in the register about the stated
registrable event.
(6) Despite subsection (5) (a) , a certificate need not
state a person’s residential address if the person has satisfied the
registrar that, because of exceptional circumstances, the person’s
residential address should not be disclosed on the certificate.
Examples of
exceptional circumstances—
1 The person is protected by a domestic
violence order made under the Domestic and Family Violence Protection Act 2012or an interstate order or registered New Zealand order under part 6 of that
Act.
2 The person indicates that giving the information may put the
person’s life at risk.
(7) A certificate, other than a certificate
containing historical information, must not contain—
(a) the word
‘illegitimate’ or words to that effect; or
(b) the word ‘suicide’ or
words to that effect; or
(17) For subsection (16) , a person’s consent is not
required if—
(a) the person has died; or
(b) the child can not locate the
person after making all reasonable enquiries.
(18) If the registrar issues a
certificate from an entry closed under section 41Dor 41E, the registrar must
stamp the certificate or mark it in another way to indicate that the
certificate is not for official use.
(b) for another parentage order—a
person corresponding, under the law of another Australian jurisdiction where
the order was made, to a birth parent under the Surrogacy Act 2010.
"commemorative certificate" means a certificate that is more decorative than
another certificate.
(b) for another
parentage order—a person corresponding, under the law of another Australian
jurisdiction where the order was made, to an intended parent under the
Surrogacy Act 2010.
"law enforcement body" means—
(a) the Queensland Police Service or a police
service of another State; or