Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 44

(1) A person or other entity may apply to the registrar, in writing, for--

(a) a certificate or information about an event that is, or may be, in a register kept by the registrar; or

(b) a copy of a document given to the registrar in relation to the registration or notation of an event in a register kept by the registrar (a source document), other than a source document prescribed under a regulation.

(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 certificate, information or source document.

(3) In deciding whether an applicant has an adequate reason for obtaining the certificate, information or source document, 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.

(5A) 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 1989 or an interstate order as defined under that Act.

2 The person indicates that giving the information may put the person's life at risk.

(6) 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

(c) information prescribed under a regulation.

Editor's note--

Also see the Corrective Services Act 2006, section 25 (Registration of birth) for other information that must not be contained on a certificate.

(7) A certificate is admissible in proceedings as evidence of its contents.

(8) A copy of a source document is not admissible in proceedings as evidence of its contents.

(9) If an application relates to historical information, the application may be made by electronic means.

(10) For the Constitution of Queensland 2001, section 52, issuing a commemorative certificate is a commercial activity.

(11) In this section--

commemorative certificate means a certificate that is more decorative than another certificate.