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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Births, Deaths and Marriages Registration Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Objects of Act 2
4. Definitions 2
PART 2--ADMINISTRATION 6
Division 1--The Registrar 6
5. Registrar 6
6. Registrar's general functions 6
7. Registrar's staff 6
8. Delegation 6
Division 2--Execution of documents 7
9. The Registrar's seal 7
10. Execution of documents 7
Division 3--Reciprocal administrative arrangements 7
11. Reciprocal administrative arrangements 7
PART 3--REGISTRATION OF BIRTHS 9
Division 1--Notification of Births 9
12. Notification of births 9
Division 2--Registration of births 10
13. Cases in which registration of birth is required or authorised 10
14. How to have the birth of a child registered 11
15. Responsibility to have a birth registered 11
16. Registration of parentage details 11
17. Addition of details after birth registration 13
18. Obligation to have birth registered 13
19. Registration 14
Division 3--Court orders for registration of birth 14
20. Court may order registration of birth 14
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Division 4--Perinatal Death 15
21. Registrar may forward medical certificates 15
Division 5--Child's name 15
22. Name of child 15
23. Dispute about child's name 15
PART 4--CHANGE OF NAME 17
24. Change of name by registration 17
25. Application to register change of adult's name 17
26. Application to register change of child's name 17
27. Child's consent to change of name 18
28. Registration of change of name 18
29. Entries to be made in the Register 19
30. Change of name may still be established by repute or usage 19
PART 5--REGISTRATION OF MARRIAGES 20
31. Cases in which registration of marriage is required 20
32. How to have marriage registered 20
33. Registration of marriage 20
PART 6--REGISTRATION OF DEATHS 21
Division 1--Cases where registration of death is required or
authorised 21
34. Deaths to be registered under this Act 21
35. Power to direct registration of death 21
36. Circumstances in which a death must not be registered 22
Division 2--Notification of deaths 23
37. Notification of deaths by doctors 23
38. Notification of cause of death by coroner 24
39. Notification by funeral director, etc. 24
Division 3--Registration of death 25
40. Registration 25
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PART 7--THE REGISTER 26
Division 1--Keeping the register 26
41. The Register 26
Division 2--Registrar's powers of inquiry 26
42. Registrar's powers of inquiry 26
Division 3--Correction and Amendment of Register 27
43. Correction and amendment of Register 27
Division 4--Access to and certification of register entries 28
44. Protection of privacy 28
45. Search of Register 28
46. Issue of certificate 29
47. Access policies 29
48. Access to Register 29
49. Power to remit fees 30
Division 5--Additional information and services 30
50. Registrar may collect other information 30
51. Additional services in relation to information in Register and
other information 31
PART 8--GENERAL POWER OF REVIEW 32
52. Review 32
PART 9--MISCELLANEOUS 33
53. False representation 33
54. Unauthorised access to or interference with Register 33
55. Falsification of certificate, etc. 33
56. Registrar to provide certain information to Minister 34
57. Records relating to period before 18 January 1853 34
58. Power to require and take statutory declarations 35
59. Regulations 35
PART 10--REPEALS, TRANSITIONAL PROVISIONS AND
AMENDMENTS TO OTHER ACTS 37
60. Repeal of Registration of Births Deaths and Marriages Act
1959 37
61. Regulations revoked 37
62. The Register 37
63. Superseded references 37
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64. Registrar's appointment 38
65. Minor consequential amendments 38
__________________
SCHEDULE 39
NOTES 44
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A BILL
to re-enact with amendments the law relating to births, deaths and
marriages in Victoria, to repeal the Registration of Births Deaths
and Marriages Act 1959 and for other purposes.
Births, Deaths and Marriages
Registration Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to provide for the
registration of births, deaths, marriages and
5 changes of name in Victoria.
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2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1997, it comes into operation on that day.
10 3. Objects of Act
The objects of this Act are to provide for--
(a) the registration of births, deaths and
marriages in Victoria; and
(b) the registration of changes of name; and
15 (c) the keeping of registers for recording and
preserving information about births, deaths,
marriages, changes of name and adoptions in
perpetuity; and
(d) access to the information in the registers in
20 appropriate cases by government or private
agencies and members of the public, from
within and outside the State; and
(e) the issue of certified and uncertified
information from the registers; and
25 (f) the collection and dissemination of statistical
information.
4. Definitions
(1) In this Act--
"adult" means a person who--
30 (a) is 18 years of age or more; or
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(b) although under 18 years of age, is or
has been married;
"birth" includes still-birth;
"birth registration statement" means a
5 statement required to be lodged with the
Registrar under section 14;
"change", in relation to a name, includes an
addition, omission or substitution;
"corresponding law" means a law of another
10 State that--
(a) provides for the registration of births,
deaths and marriages; and
(b) has been declared to be a corresponding
law for the purposes of this Act by an
15 Order made under sub-section (2);
"Court" means the County Court;
"death" does not include a still-birth;
"disposal" of human remains means--
(a) cremation of the remains; or
20 (b) burial of the remains (including burial
at sea); or
(c) placing the remains in a mausoleum or
other permanent resting place; or
(d) placing the remains in the custody of an
25 educational or scientific institution for
the purpose of medical education or
research; or
(e) removal of the remains from the State
(but not if the remains have been
30 cremated or are taken from the State by
sea and buried at sea in the course of
the voyage);
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"doctor" means a registered medical practitioner
within the meaning of the Medical Practice
Act 1994;
"funeral director" means a person who carries
5 on the business of arranging for the disposal
of human remains;
"perinatal death" means--
(a) the death of a live-born child within 28
days after the birth; or
10 (b) a still-birth;
"prohibited name" means a name that--
(a) is obscene or offensive; or
(b) could not practicably be established by
repute or usage--
15 (i) because it is too long; or
(ii) because it consists of or includes
symbols without phonetic
significance; or
(iii) for some other reason; or
20 (c) is contrary to the public interest for
some other reason;
"registrable event" means a birth, change of
name, death, marriage or adoption;
"registrable information" means information
25 that must or may be included in the Register;
"Register" means the Register established under
Part 7;
"registering authority" means an authority
responsible under a corresponding law for
30 the registration of births, deaths and
marriages;
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"Registrar" means the Registrar of Births,
Deaths and Marriages;
"State" includes a Territory;
"still-birth" means the birth of a still-born child;
5 "still-born child" means a child of at least 20
weeks' gestation or, if it cannot be reliably
established whether the period of gestation is
more or less than 20 weeks, with a body
mass of at least 400 grams at birth, that
10 exhibits no sign of respiration or heartbeat,
or other sign of life, after birth;
"Tribunal" means the Administrative Appeals
Tribunal established under the
Administrative Appeals Tribunal Act
15 1984.
(2) The Governor in Council, by Order published in
the Government Gazette, may declare a law of
another State to be a corresponding law for the
purposes of this Act.
20 (3) The Governor in Council, by Order published in
the Government Gazette, may revoke or vary an
Order made under sub-section (2).
_______________
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PART 2--ADMINISTRATION
Division 1--The Registrar
5. Registrar
A Registrar of Births, Deaths and Marriages must
5 be appointed under the Public Sector
Management Act 1992 for the purposes of this
Act.
6. Registrar's general functions
The Registrar's general functions are--
10 (a) to establish and maintain the registers
necessary for the purposes of this Act; and
(b) to administer the registration system
established by this Act and ensure that it
operates efficiently, effectively and
15 economically; and
(c) to ensure that this Act is administered in the
way best calculated to achieve its objects.
7. Registrar's staff
There may be appointed or employed under the
20 Public Sector Management Act 1992, any other
officers and employees that are necessary for the
purposes of this Act.
8. Delegation
The Registrar, by instrument, may delegate to an
25 officer or employee appointed or employed
pursuant to section 7 any of the Registrar's powers
under this Act, other than this power of
delegation.
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Division 2--Execution of documents
9. The Registrar's seal
The Registrar has a seal.
10. Execution of documents
5 (1) The Registrar may issue a certificate or other
document under the Registrar's signature and seal,
or a facsimile of the Registrar's signature and seal
produced by stamp or machine imprint or by a
prescribed method.
10 (2) All courts must take judicial notice of the
Registrar's signature and seal or facsimile of the
Registrar's signature and seal produced in
accordance with sub-section (1) affixed to a
certificate or other document and, until the
15 contrary is proved, must presume that it was duly
affixed.
Division 3--Reciprocal administrative arrangements
11. Reciprocal administrative arrangements
(1) The Minister may enter into an arrangement with
20 the Minister responsible for the administration of
a corresponding law providing for--
(a) the exercise by the Registrar of powers and
functions of the registering authority under
the corresponding law; and
25 (b) the exercise by the registering authority
under the corresponding law of powers and
functions of the Registrar under this Act.
(2) When an arrangement is in force under this
section--
30 (a) the Registrar may exercise, to the extent
authorised by the arrangement (but subject to
the conditions of the arrangement) the
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powers and functions of the registering
authority under the corresponding law; and
(b) the registering authority under the
corresponding law may exercise, to the
5 extent authorised by the arrangement (but
subject to the conditions of the arrangement)
the powers and functions of the Registrar
under this Act.
(3) An arrangement under this section may--
10 (a) establish a data base in which information is
recorded for the benefit of all the participants
in the arrangement; and
(b) provide for access to information contained
in the data base; and
15 (c) provide for payments by or to participants in
the arrangement for services provided under
the arrangement.
_______________
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PART 3--REGISTRATION OF BIRTHS
Division 1--Notification of Births
12. Notification of births
(1) When a child is born in the State, the responsible
5 person must give notice of the birth to the
Registrar including any particulars required by the
Registrar.
Penalty: 10 penalty units.
(2) Notice under sub-section (1) may be given--
10 (a) in writing; or
(b) in any other manner approved by the
Registrar by notice published in the
Government Gazette.
(3) The notice must be given--
15 (a) in the case of a child born alive, within 21
days after the birth;
(b) in the case of a still-birth, within 48 hours
after the birth.
(4) When notice of a still-birth is given, the
20 responsible person must also give the Registrar a
doctor's certificate, in a form approved by the
Registrar, certifying the cause of foetal death.
(5) The doctor's certificate referred to in sub-section
(4) must be completed by--
25 (a) the doctor responsible for the professional
care of the mother at the birth; or
(b) a doctor who examined the body of the still-
born child after the birth.
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(6) In this section--
"responsible person" means--
(a) in the case of a child born in a hospital
or brought to a hospital within 24 hours
5 after birth, the chief executive officer of
the hospital; or
(b) in any other case--
(i) the doctor or midwife responsible
for the professional care of the
10 mother at the birth or a doctor
who examined the body of the
still-born child after the birth; or
(ii) if no doctor or midwife was in
attendance at the birth, any other
15 person in attendance at the birth.
Division 2--Registration of births
13. Cases in which registration of birth is required or
authorised
(1) If a child is born in the State, the birth must be
20 registered under this Act.
(2) If a court orders the registration of a birth, the
birth must be registered under this Act.
(3) A birth may be registered under this Act if a child
is born--
25 (a) in an aircraft during a flight to a place of
disembarkation in the State; or
(b) on a vessel during a voyage to a place of
disembarkation in the State.
(4) If a child is born outside the Commonwealth, but
30 the child is to become a resident of the State, the
birth may be registered under this Act.
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(5) The Registrar may refuse to register a birth under
sub-section (3) or (4) if the birth is registered
under a corresponding law.
14. How to have the birth of a child registered
5 A person has the birth of a child registered under
this Act by lodging a birth registration statement
with the Registrar in a form and manner required
by the Registrar specifying any prescribed
particulars.
10 15. Responsibility to have a birth registered
(1) The parents of a child are jointly responsible for
having the child's birth registered under this Act
and must both sign the birth registration statement
but the Registrar may accept a birth registration
15 statement from one of the parents if satisfied that
it is not practicable to obtain the signatures of
both parents on the birth registration statement.
(2) If a child is a foundling, the person who has
custody of the child is responsible for having the
20 child's birth registered.
(3) The Registrar may accept a birth registration
statement from a person who is not responsible for
having the child's birth registered if satisfied
that--
25 (a) the person lodging the statement has
knowledge of the relevant facts; and
(b) the child's parents are unable or unlikely to
lodge a birth registration statement.
16. Registration of parentage details
30 (1) The Registrar must not include information about
the identity of a child's parent in the Register
unless--
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(a) the father and the mother of the child make a
joint application for the inclusion of
registrable information about that identity; or
(b) one parent of the child makes an application
5 for the inclusion of registrable information
about that identity and the other parent
cannot join in the application because--
(i) he or she is dead; or
(ii) he or she cannot be found; or
10 (iii) of some other reason; or
(c) one parent of the child makes an application
for the inclusion of registrable information
about that identity and the Registrar is
satisfied that the other parent does not
15 dispute the correctness of that information;
or
(d) any court having jurisdiction orders the
inclusion of registrable information about
that identity in the Register; or
20 (e) any court having jurisdiction makes a finding
that a particular person is a parent of a child;
or
(f) the Registrar is entitled under any law
(including a law of another State or the
25 Commonwealth) to make a presumption as
to the identity of the child's parent.
(2) The Registrar may include information about the
identity of a child's parent in the Register if--
(a) the Registrar is not prohibited by sub-section
30 (1) from so doing; or
(b) despite sub-section (1), both parents are
unable to give registrable information about
the identity of a child's parent or parents for
some reason or are unavailable and another
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person can provide information to the
Registrar's satisfaction as to the identity of
the child's parent or parents; or
(c) despite sub-section (1), one parent has
5 provided the birth registration statement and
the registrable information relates only to the
identity of that parent.
17. Addition of details after birth registration
(1) Subject to section 16, a person may apply to the
10 Registrar for the inclusion of additional registrable
information about a person's birth registration in
the Register.
(2) An application under sub-section (1)--
(a) must be made in writing; and
15 (b) must include the information required by the
Registrar; and
(c) must, if the Registrar requires verification of
the information contained in the application,
be accompanied by a statutory declaration
20 verifying the information contained in the
application and other evidence the Registrar
may require.
18. Obligation to have birth registered
(1) A person responsible for having the birth of a
25 child registered must ensure that a birth
registration statement is lodged with the Registrar
within 60 days after the date of the birth.
Penalty: 10 penalty units.
(2) However, the Registrar must accept a birth
30 registration statement even though it is lodged
after the end of the 60 day period.
(3) The Registrar may request that further information
be provided to support the birth registration
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statement at any time before the Registrar
registers the birth.
19. Registration
(1) The Registrar registers a birth by making an entry
5 about the birth in the Register.
(2) However, if the particulars available to the
Registrar are incomplete the Registrar may
register a birth on the basis of incomplete
particulars.
10 Division 3--Court orders for registration of birth
20. Court may order registration of birth
(1) The Court may, on application by an interested
person or on its own initiative, order--
(a) the registration of a birth; or
15 (b) the inclusion of registrable information about
a birth or a child's parents in the Register.
(2) If a court (including a court of another State or the
Commonwealth) finds that--
(a) the birth of a person is not registered as
20 required under this Act or a corresponding
law; or
(b) the registrable information contained in an
entry about a birth in the Register under this
Act or a corresponding law is incomplete or
25 incorrect--
the court may direct registration of the birth or the
inclusion or correction of registrable information
in the Register under this Act or the corresponding
law (as the case may require).
30
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Division 4--Perinatal Death
21. Registrar may forward medical certificates
Despite anything to the contrary in any Act or
law, the Registrar may forward or make available
5 to the Commonwealth Statistician or to the
Secretary of the Department of Human Services
any medical certificate in his or her possession or
under his or her control relating to any perinatal
death.
10 Division 5--Child's name
22. Name of child
(1) The birth registration statement must state the
name of the child.
(2) However, the Registrar may assign a name to the
15 child if--
(a) the name stated in the birth registration
statement is a prohibited name; or
(b) the birth registration statement is lodged by
both parents of the child and they satisfy the
20 Registrar that they are unable to agree on the
child's name.
23. Dispute about child's name
(1) If there is a dispute between parents about a
child's name, either parent may apply to the Court
25 for a resolution of the dispute.
(2) On an application under sub-section (1), the Court
may--
(a) resolve the dispute about the child's name as
the Court considers appropriate; and
30
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(b) order the Registrar to register the child's
name in a form specified in the order.
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PART 4--CHANGE OF NAME
24. Change of name by registration
A person's name may be changed by registration
of the change under this Part.
5 25. Application to register change of adult's name
(1) An adult person--
(a) who is domiciled or ordinarily resident in the
State; or
(b) whose birth is registered in the State--
10 may apply to the Registrar, in a form approved by
the Registrar, for registration of a change of the
person's name.
(2) An application for registration of a change of
name must be accompanied by the prescribed fee.
15 26. Application to register change of child's name
(1) The parents of a child--
(a) who is domiciled or ordinarily resident in the
State; or
(b) whose birth is registered in the State--
20 may apply to the Registrar, in a form approved by
the Registrar, for registration of a change of the
child's name.
(2) An application for registration of a change of a
child's name must be accompanied by the
25 prescribed fee.
(3) An application for registration of a change of a
child's name may be made by one parent if--
(a) the applicant is the sole parent named in the
registration of the child's birth under this Act
30 or any other law; or
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(b) there is no other surviving parent of the
child; or
(c) the Court approves the proposed change of
name.
5 (4) The Court may, on application by a child's parent,
approve a proposed change of name for the child
if satisfied that the change is in the child's best
interests.
(5) If the parents of a child are dead, cannot be found,
10 or for some other reason cannot exercise their
parental responsibilities to a child, the child's
guardian may apply for registration of a change of
the child's name.
27. Child's consent to change of name
15 A change of a name of a child aged 12 years or
more must not be registered unless--
(a) the child consents to the change of name; or
(b) the child is unable to understand the meaning
and implications of the change of name.
20 28. Registration of change of name
(1) Before registering a change of name under this
Part, the Registrar may require the applicant to
provide evidence to establish to the Registrar's
satisfaction--
25 (a) the identity and age of the person whose
name is to be changed; and
(b) that the change of name is not sought for a
fraudulent or other improper purpose; and
(c) if the person whose name is to be changed is
30 a child aged 12 years or more, that--
(i) the child consents to the change of
name; or
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(ii) the child is unable to understand the
meaning and implications of the change
of name.
(2) If the Registrar is satisfied that the name of a
5 person whose birth is registered in the State has
been changed under another law or by order of a
court, the change of name may be registered under
this Act.
(3) The Registrar may refuse to register a change of
10 name if, as a result of the change, the name would
become a prohibited name.
29. Entries to be made in the Register
(1) The Registrar registers a change of name by
making an entry about the change of name in the
15 Register.
(2) The Registrar must--
(a) if the birth of the person whose name has
been changed is registered under this Act,
note the change of name in the entry relating
20 to the birth; or
(b) if the birth of the person whose name has
been changed is registered under a
corresponding law, notify the relevant
registering authority of the change of name.
25 (3) If the change of name is noted in the Register
under sub-section (2), a birth certificate issued by
the Registrar for the person must show the
person's name as changed under this Part.
30. Change of name may still be established by repute or
30 usage
This Part does not prevent a change of name by
repute or usage.
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PART 5--REGISTRATION OF MARRIAGES
31. Cases in which registration of marriage is required
If a marriage is solemnised in the State, the
marriage must be registered under this Act.
5 32. How to have marriage registered
A person may have a marriage registered by
lodging with the Registrar a certificate of the
marriage under the Marriage Act 1961 of the
Commonwealth or, if the marriage was
10 solemnised before the commencement of that Act,
the evidence of the marriage required by the
Registrar.
33. Registration of marriage
A marriage may be registered by--
15 (a) including the marriage certificate as part of
the Register; or
(b) including particulars of the marriage in the
Register.
_______________
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PART 6--REGISTRATION OF DEATHS
Division 1--Cases where registration of death is required or
authorised
34. Deaths to be registered under this Act
5 (1) If a person dies in the State, the death must be
registered under this Act.
(2) If a court directs the registration of a death, the
death must be registered under this Act.
(3) A death may be registered under this Act if a
10 person dies--
(a) in an aircraft during a flight to a point of
disembarkation in the State; or
(b) on a vessel during a voyage to a point of
disembarkation in the State.
15 (4) If a person who is domiciled or ordinarily resident
in the State dies outside the Commonwealth, or a
person dies outside the Commonwealth leaving
property in the State, the death may be registered
under this Act.
20 (5) The Registrar may refuse to register a death under
sub-section (3) or (4) if the death is registered
under a corresponding law.
(6) If a child is still-born, the child's death is not to be
registered under this Part.
25 35. Power to direct registration of death
(1) The Court may, on application by an interested
person or on its own initiative, order--
(a) the registration of a death; or
(b) the inclusion of registrable information about
30 a death in the Register.
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(2) If a court (including a court of another State or the
Commonwealth) finds that--
(a) the death of a person is not registered as
required under this Act or a corresponding
5 law; or
(b) the registrable information contained in an
entry about a death in the Register under this
Act or a corresponding law is incomplete or
incorrect--
10 the court may direct registration of the death or
the inclusion or correction of registrable
information in the Register under this Act or the
corresponding law (as the case may require).
36. Circumstances in which a death must not be
15 registered
(1) The Registrar must not register a death unless the
Registrar--
(a) has been given notice by a doctor under
section 37(1) in relation to the death of the
20 person; or
(b) has been given notice of the death in the
form of a certificate issued by a coroner
under section 23(1) of the Coroners Act
1985 that authorises the disposal of the
25 remains of the deceased person; or
(c) has received a notice under section 22 of the
Coroners Act 1985 containing the
particulars needed to effect or complete
registration of the death; or
30 (d) has been given notice in the form of a
document issued, made or given in relation
to the death under a corresponding law of
another State or the Commonwealth or any
other place, being a document which the
35 Registrar is satisfied is equivalent to a notice
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or certificate referred to in paragraph (a), (b)
or (c).
(2) Despite sub-section (1), the Registrar must
register the death if--
5 (a) registration of the death is ordered by a
court; or
(b) the Registrar is of the opinion that, having
regard to the circumstances of the case, it is
proper that the death should be registered
10 without any notice, certificate or order
referred to in this section.
Division 2--Notification of deaths
37. Notification of deaths by doctors
(1) A doctor who was responsible for a person's
15 medical care immediately before death, or who
examines the body of a deceased person after
death, must, within 48 hours after the death, notify
the Registrar of the death and of the cause of the
death in a form and manner approved by the
20 Registrar and specifying any prescribed
particulars.
Penalty: 12 penalty units.
(2) When a notice is given under sub-section (1), the
doctor must also give a notice in the form and
25 manner approved by the Registrar and specifying
any prescribed particulars that the death has
occurred to the funeral director or other person
who will be arranging for the disposal of the
human remains.
30 Penalty: 12 penalty units.
(3) However, a doctor is not required to give a notice
under sub-section (1) or (2) if another doctor has
given the required notices.
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(4) A doctor must not give a notice under sub-section
(1) or (2) if a coroner or police officer is required
to be notified of the death under the Coroners Act
1985.
5 Penalty: 12 penalty units.
38. Notification of cause of death by coroner
(1) If a coroner is notified of a death under the
Coroners Act 1985, the coroner must inform the
Registrar as soon as practicable after receiving the
10 notification.
(2) If a coroner authorises the disposal of human
remains, or makes a finding about the cause of a
death, the coroner must give a copy of the
disposal authorisation or the finding to the
15 Registrar.
(3) The Registrar may register a death even though
the death is subject to an inquest or other coronial
inquiry and a finding has not been made about the
cause of death.
20 (4) A death certificate issued before a coronial
inquiry into the cause of death is completed must
be endorsed with the words: "Incomplete
registration--Cause of death subject to coronial
inquiry".
25 39. Notification by funeral director, etc.
(1) A funeral director or other person who arranges
for the disposal of human remains must within 7
days after disposal of the remains give the
Registrar a notice in the form and manner required
30 by the Registrar specifying any prescribed
particulars and including any supporting
documentation required by the Registrar.
Penalty: 5 penalty units.
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(2) If human remains have not been disposed of
within 30 days after the date of death, the funeral
director or other person who has custody of the
remains must give the Registrar a notice, in the
5 form and manner required by the Registrar,
specifying any prescribed particulars and
including any supporting documentation required
by the Registrar.
Penalty: 5 penalty units.
10 Division 3--Registration of death
40. Registration
(1) The Registrar registers a death by making an entry
about the death in the Register.
(2) However, if the particulars available to the
15 Registrar are incomplete the Registrar may
register a death on the basis of incomplete
particulars.
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PART 7--THE REGISTER
Division 1--Keeping the register
41. The Register
(1) The Registrar must maintain a register or registers
5 of registrable events.
(2) The Register--
(a) must contain the particulars of each
registrable event required under this Act, or
another law, to be included in the Register;
10 and
(b) may contain further information if its
inclusion is considered appropriate by the
Registrar.
(3) The Register may be wholly or partly in the form
15 of a computer data base, in documentary form, or
in another form the Registrar considers
appropriate.
(4) The Registrar must maintain the indexes to the
Register that are necessary to make the
20 information contained in the Register reasonably
accessible.
Division 2--Registrar's powers of inquiry
42. Registrar's powers of inquiry
(1) The Registrar may conduct an inquiry to find
25 out--
(a) whether a registrable event has happened; or
(b) particulars of a registrable event; or
(c) whether particulars of a particular registrable
event have been correctly recorded in the
30 Register.
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(2) The Registrar may, by notice given to a person
who may be able to provide information relevant
to an inquiry under this section, require the person
to answer specified questions or to provide other
5 information within a time and in a way specified
in the notice.
(3) A person must not, without reasonable excuse, fail
to comply with a notice under sub-section (2).
Penalty: 10 penalty units.
10 Division 3--Correction and Amendment of Register
43. Correction and amendment of Register
(1) The Registrar may correct the Register--
(a) to reflect a finding made on inquiry under
Division 2; or
15 (b) to bring an entry about a particular
registrable event into conformity with the
most reliable information available to the
Registrar of the registrable event.
(2) The Registrar must, if required by a court, correct
20 the Register.
(3) The Registrar corrects the Register by adding or
cancelling an entry in the Register or by adding,
altering or deleting particulars contained in an
entry.
25 (4) Subject to section 16, the Registrar may add
additional registrable information to an entry in
the Register.
(5) A person may apply to the Registrar for the
addition of registrable information to an entry in
30 the Register.
(6) An application under sub-section (5) must be
accompanied by the prescribed fee.
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(7) Despite anything to the contrary in the Adoption
Act 1984, the Registrar--
(a) may correct an original birth entry in respect
of an adopted person; and
5 (b) subject to section 16, may add additional
registrable information to that entry.
Division 4--Access to and certification of register entries
44. Protection of privacy
In providing information extracted from the
10 Register, the Registrar must, as far as practicable,
protect the persons to whom the entries in the
Register relate from unjustified intrusion on their
privacy.
45. Search of Register
15 (1) The Registrar may, on application, search the
Register for an entry about a particular registrable
event.
(2) The applicant must--
(a) state the reason for the applicant's interest in
20 the subject-matter of the search; and
(b) pay the prescribed fee.
(3) The Registrar may reject the application if the
applicant does not show an adequate reason for
wanting the information to which the application
25 relates.
(4) In deciding whether an applicant has an adequate
reason for wanting information, the Registrar must
have regard to--
(a) the relationship (if any) between the
30 applicant and the person to whom the
information relates; and
(b) the age of the entry; and
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(c) the contents of the entry; and
(d) other relevant factors.
46. Issue of certificate
(1) On completing a search of the Register and on
5 payment by the applicant of the prescribed fee, the
Registrar may issue a certificate--
(a) certifying particulars contained in an entry;
or
(b) certifying that no entry was located in the
10 Register about the relevant registrable event.
(2) A certificate under sub-section (1)(a) is admissible
in legal proceedings as evidence of--
(a) the entry to which the certificate relates; and
(b) the facts recorded in the entry.
15 47. Access policies
(1) The Registrar must maintain a written statement
of the policies on which access to information
contained in the Register is to be given or denied
under this Division.
20 (2) The Registrar must give a copy of the statement,
on request, to any person.
48. Access to Register
(1) The Registrar may, on conditions the Registrar
considers appropriate--
25 (a) allow a person or organisation that has an
adequate reason for wanting access to the
Register, access to the Register; or
(b) provide a person or organisation that has an
adequate reason for wanting information
30 from the Register, with information extracted
from the Register.
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(2) In deciding whether an applicant has an adequate
reason for wanting access to the Register, or
information extracted from the Register, the
Registrar must have regard to--
5 (a) the nature of the applicant's interest; and
(b) the sensitivity of the information; and
(c) the use to be made of the information; and
(d) other relevant factors.
(3) In deciding the conditions on which access to the
10 Register, or information extracted from the
Register, is to be given under this section, the
Registrar must, as far as practicable, protect the
persons to whom the entries in the Register relate
from unjustified intrusion on their privacy.
15 49. Power to remit fees
The Registrar may, in appropriate cases, remit the
whole or part of a fee under this Act.
Division 5--Additional information and services
50. Registrar may collect other information
20 (1) Despite anything to the contrary in this Act, the
Registrar may maintain records of information,
other than registrable information relating to
registrable events.
(2) Records maintained under this section must be
25 kept separately from the Register.
(3) The Registrar may include information in the
records maintained under this section at the
request of a person interested in the registrable
event to which it relates or on the Registrar's own
30 motion.
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(4) Sections 44 and 48(3) apply to records maintained
under this section as if they were part of the
Register.
51. Additional services in relation to information in
5 Register and other information
(1) The Registrar may enter into an arrangement for
the provision of additional services in connection
with the provision of services relating to a
registrable event, including, but not limited to--
10 (a) the provision of information in the form of a
decorative certificate or other document; and
(b) the provision of information from records
maintained under section 50 relating to the
registrable event.
15 (2) The Registrar may enter into an arrangement for
the provision of information from records
maintained under section 50 or the Register
including historical or genealogical information.
(3) If the Registrar provides a service or an additional
20 service under this section, the Registrar may make
a charge for the service determined by the
Registrar, in his or her absolute discretion, which
does not necessarily bear a relation to the cost of
providing the service.
25 (4) In providing a service or an additional service, the
Registrar must comply with sections 44 and 48(3).
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PART 8--GENERAL POWER OF REVIEW
52. Review
(1) A person who is dissatisfied with a decision of the
Registrar made in the performance or purported
5 performance of functions under this Act may
apply to the Tribunal for a review of the decision.
(2) On a review, the Tribunal may--
(a) confirm, vary or reverse the Registrar's
decision; and
10 (b) make consequential and ancillary orders and
directions.
_______________
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PART 9--MISCELLANEOUS
53. False representation
A person must not make a false or misleading
representation in an application or document
5 under this Act, knowing it to be false or
misleading.
Penalty: 20 penalty units.
54. Unauthorised access to or interference with Register
A person must not, without the authority of the
10 Registrar or other lawful authority--
(a) obtain access to the Register or information
contained in the Register; or
(b) make, alter or delete an entry in the Register;
or
15 (c) interfere with the Register in any other way.
Penalty: 100 penalty units or 2 years
imprisonment or both.
55. Falsification of certificate, etc.
(1) A person must not forge the Registrar's signature
20 or seal.
Penalty: 100 penalty units or 2 years
imprisonment or both.
(2) A person must not forge or falsify a certificate or
other document under this Act.
25 Penalty: 100 penalty units or 2 years
imprisonment or both.
(3) The Registrar may impound--
(a) a document which the Registrar has reason
to believe bears a forged impression of the
30 Registrar's signature or seal; or
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(b) a certificate or other document purporting to
be a certificate or other document under this
Act which the Registrar has reason to believe
has been forged or falsified; or
5 (c) a certificate under this Act about a
registrable event if the entry in the Register
about the event has been cancelled or
corrected since the issue of the certificate.
56. Registrar to provide certain information to Minister
10 The Registrar must provide to the Minister for
inclusion in the report of operations of the
Department of Justice for a financial year under
Part 7 of the Financial Management Act 1994 a
report of the number of registrable events
15 registered during that financial year.
57. Records relating to period before 18 January 1853
(1) Every register, book of entries or register book of
baptisms, marriages or burials solemnised in the
district of Port Phillip of the Colony of Victoria
20 before 18 January 1853 forwarded to the Registrar
under section 31 of the Marriage Act 1898 is to
be kept by the Registrar as a permanent record.
(2) Any copy verified and forwarded to the Registrar
under section 31 of the Marriage Act 1898 is
25 prima facie evidence of all entries contained in the
register, book of entries or register book.
(3) A person who has possession of any register, book
of entries or register book which has not been
forwarded under section 31 of the Marriage Act
30 1898 must, during normal business hours, on
payment of the prescribed fee, permit any person
to inspect any entry and on request supply a
certified copy of the entry to that person.
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58. Power to require and take statutory declarations
The Registrar--
(a) may require that information be given by
statutory declaration; and
5 (b) is authorised to take any statutory
declarations required for the purposes of this
Act.
59. Regulations
(1) The Governor in Council may make regulations
10 for or with respect to--
(a) prescribing fees or a basis for calculating
fees for--
(i) access to the Register; or
(ii) a search of the Register; or
15 (iii) the issue of a certificate following a
search of the Register; or
(iv) other services provided by the
Registrar;
(b) generally prescribing any other matter or
20 thing required or permitted to be prescribed
or necessary to be prescribed for the
purposes of this Act.
(2) A regulation may impose a penalty not exceeding
20 penalty units for contravention of the
25 regulations.
(3) Regulations made under this Act --
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstance;
30
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(c) may require the making of a statutory
declaration.
_______________
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PART 10--REPEALS, TRANSITIONAL PROVISIONS AND
AMENDMENTS TO OTHER ACTS
60. Repeal of Registration of Births Deaths and
Marriages Act 1959
5 The Registration of Births Deaths and
Marriages Act 1959 is repealed.
61. Regulations revoked
The Births Deaths and Marriages (Prescribed
Forms and Procedures) Regulations 1986 are
10 revoked.
62. The Register
The registers maintained under section 41 of the
Registration of Births Deaths and Marriages
Act 1959 form part of the Register under this Act.
15 63. Superseded references
On and after the commencement of this section,
unless inconsistent with the context or subject-
matter, in any Act (other than this Act),
subordinate instrument within the meaning of the
20 Interpretation of Legislation Act 1984 or any
other document whatever, a reference to--
(a) the Registration of Births Deaths and
Marriages Act 1959 is deemed to be a
reference to the Births, Deaths and
25 Marriages Registration Act 1996; and
(b) the Registrar of Births, Deaths, Marriages
and Names is deemed to be a reference to the
Registrar of Births, Deaths and Marriages;
and
30 (c) any register kept and maintained under
section 41 of the Registration of Births
Deaths and Marriages Act 1959 is deemed
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to be a reference to the corresponding
register in the Register established under
Part 7 of this Act.
64. Registrar's appointment
5 The person who held the position of Registrar of
Births, Deaths, Marriages and Names under the
Registration of Births Deaths and Marriages
Act 1959 immediately before the commencement
of this section is deemed on that commencement
10 to be appointed under the Public Sector
Management Act 1992 to the position of
Registrar of Births, Deaths and Marriages for the
purposes of this Act on the same terms and
conditions and with the same accrued or accruing
15 entitlements as applied to the person immediately
before that commencement.
65. Minor consequential amendments
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
20 __________________
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SCHEDULE
Consequential Amendments to Various Acts
1. Adoption Act 1984
1.1 In section 4(1), in the definition of "Registrar", for "Births,
5 Deaths, Marriages and Names appointed under section 40 of
the Registration of Births Deaths and Marriages Act
1959" substitute "Births, Deaths and Marriages appointed
under section 5 of the Births, Deaths and Marriages
Registration Act 1996".
10 1.2 In section 35(1)(c), for "Registration of Births Deaths and
Marriages Act 1959" substitute "Births, Deaths and
Marriages Registration Act 1996".
1.3 In section 76(2), for "Registration of Births Deaths and
Marriages Act 1959" substitute "Births, Deaths and
15 Marriages Registration Act 1996".
1.4 In section 77(2), for "Registration of Births Deaths and
Marriages Act 1959" substitute "Births, Deaths and
Marriages Registration Act 1996".
1.5 In section 78--
20 (a) in sub-section (1), for "Registration of Births
Deaths and Marriages Act 1959" substitute
"Births, Deaths and Marriages Registration Act
1996";
(b) in sub-section (2), for "in the relevant form prescribed
25 under the Registration of Births Deaths and
Marriages Act 1959" substitute "under the Births,
Deaths and Marriages Registration Act 1996";
(c) in sub-section (4)(a), for "in the form prescribed
under the Registration of Births Deaths and
30 Marriages Act 1959" substitute "under the Births,
Deaths and Marriages Registration Act 1996";
(d) in sub-section (4)(b), for "in the form prescribed
under the Registration of Births Deaths and
Marriages Act 1959" substitute "under the Births,
35 Deaths and Marriages Registration Act 1996";
(e) in sub-section (8), for "Registration of Births
Deaths and Marriages Act 1959" substitute
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"Births, Deaths and Marriages Registration Act
1996".
1.6 In section 81, for "section 46 of the Registration of Births
Deaths and Marriages Act 1959" substitute "section 43 of
5 the Births, Deaths and Marriages Registration Act
1996".
1.7 In section 90(2), after "Register of Marriages" insert "in the
Register maintained under Part 7 of the Births, Deaths and
Marriages Registration Act 1996".
10 1.8 In section 92(5), for "Registration of Births Deaths and
Marriages Act 1959" substitute "Births, Deaths and
Marriages Registration Act 1996".
2. Cemeteries Act 1958
2.1 In section 19(2), for paragraph (a) substitute--
15 "(a) a notice as required under section 37(2) of the Births,
Deaths and Marriages Registration Act 1996;".
2.2 In section 19(2)(c), for the words and expressions
commencing "duly signed" and ending "Registration of
Births Deaths and Marriages Act 1959" substitute "as
20 required under section 37(2) of the Births, Deaths and
Marriages Registration Act 1996".
2.3 In section 74, for "Births, Deaths, Marriages and Names"
substitute "Births, Deaths and Marriages".
2.4 In section 77(3), for "prescribed under section 19(1)(b) of
25 the Registration of Births Deaths and Marriages Act
1959" substitute "as required under section 37(2) of the
Births, Deaths and Marriages Registration Act 1996".
2.5 In the Third Schedule, in Part A, for "prescribed under
section 19(1)(b) of the Registration of Births Deaths and
30 Marriages Act 1959" substitute "as required under section
37(2) of the Births, Deaths and Marriages Registration
Act 1996".
3. Children And Young Persons Act 1989
3.1 In section 3(1), in the definition of "parent", for paragraph
35 (e) substitute--
"(e) a person whose name is entered as the father of the
child in the register of births in the Register
maintained by the Registrar of Births, Deaths and
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Marriages under Part 7 of the Births, Deaths and
Marriages Registration Act 1996;".
4. Constitution Act 1975
4.1 In section 48(2A), for "Part V of the Registration of Births
5 Deaths and Marriages Act 1959" substitute "Part 4 of the
Births, Deaths and Marriages Registration Act 1996".
5. Coroners Act 1985
5.1 In section 3, in paragraph (k) of the definition of "reportable
death", for "section 19(1)(b) of the Registration of Births
10 Deaths and Marriages Act 1959" substitute "section 37(1)
of the Births, Deaths and Marriages Registration Act
1996".
5.2 In section 19(1)(d), for "Registration of Births Deaths
and Marriages Act 1959" substitute "Births, Deaths and
15 Marriages Registration Act 1996".
5.3 In section 22, for "Government Statist" substitute
"Registrar of Births, Deaths and Marriages".
6. Dental Technicians Act 1972
6.1 In section 7(3), for "Government Statist" substitute
20 "Registrar of Births, Deaths and Marriages".
6.2 In section 20(3), for "Government Statist" substitute
"Registrar of Births, Deaths and Marriages".
7. Dentists Act 1972
7.1 In section 14(3), for "Births, Deaths, Marriages and Names"
25 substitute "Births, Deaths and Marriages".
8. Health Act 1958
8.1 In section 162G(1), for "Registration of Births Deaths
and Marriages Act 1959" substitute "Births, Deaths and
Marriages Registration Act 1996".
30
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9. Medical Practice Act 1994
9.1 In section 21(1), for "Births, Deaths, Marriages and Names"
substitute "Births, Deaths and Marriages".
9.2 In Schedule 1, item 48 is repealed.
5 10. Pharmacists Act 1974
10.1 In section 10, for "Births, Deaths, Marriages and Names"
substitute "Births, Deaths and Marriages".
11. Status of Children Act 1974
11.1 In section 8(1)--
10 (a) for "Register of Births" substitute "register of births
in the Register maintained under the Births, Deaths
and Marriages Registration Act 1996; and
(b) for "section 50 of the Registration of Births Deaths
and Marriages Act 1959" substitute "section 46 of
15 that Act".
11.2 In section 9, for "Births, Deaths, Marriages and Names"
(wherever occurring) substitute "Births, Deaths and
Marriages".
12. The Constitution Act Amendment Act 1958
20 12.1 In section 124--
(a) in sub-section (1), for "Births, Deaths, Marriages and
Names" (where twice occurring) substitute "Births,
Deaths and Marriages"; and
(b) in sub-section (1A)--
25 (i) for "Births, Deaths, Marriages and Names"
substitute "Births, Deaths and Marriages"; and
(ii) for "Part V of the Registration of Births
Deaths and Marriages Act 1959" substitute
"Part 4 of the Births, Deaths and Marriages
30 Registration Act 1996".
13. Veterinary Surgeons Act 1958
13.1 In section 21(2), for "Births, Deaths, Marriages and Names"
substitute "Births, Deaths and Marriages".
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531064B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Births, Deaths and Marriages Registration Act 1996
Sch.
Act No.
14. Witness Protection Act 1991
14.1 In section 3, in the definition of "register of births" for "kept
under section 41 of the Registration of Births Deaths and
Marriages Act 1959" substitute "in the Register
5 maintained under Part 7 of the Births, Deaths and
Marriages Registration Act 1996".
14.2 In section 3, in the definition of "Registrar" for "Births,
Deaths, Marriages and Names" substitute "Births, Deaths
and Marriages".
10 14.3 In section 4(2), for "Section 24 of the Registration of
Births Deaths and Marriages Act 1959" substitute
"Section 53 of the Births, Deaths and Marriages
Registration Act 1996".
14.4 In section 9(1) for "Registration of Births Deaths and
15 Marriages Act 1959" substitute "Births, Deaths and
Marriages Registration Act 1996".
14.5 In section 12(1), after paragraph (b) insert--
"(ba) a person appointed or employed under section 7 of the
Births, Deaths and Marriages Registration Act
20 1996; or".
14.6 In section 14, for "Part V and section 47 of the Registration
of Births Deaths and Marriages Act 1959" substitute
"Part 4 and section 43(3) of the Births, Deaths and
Marriages Registration Act 1996".
25
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531064B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Births, Deaths and Marriages Registration Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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531064B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
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