Victorian Consolidated Legislation

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996

No. 43 of 1996
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2-ADMINISTRATION

           Division 1-The Registrar

   5.      Registrar
   6.      Registrar's general functions
   7.      Registrar's staff
   8.      Delegation

           Division 2-Execution of documents

   9.      The Registrar's seal
   10.     Execution of documents

           Division 3-Reciprocal administrative arrangements

   11.     Reciprocal administrative arrangements

   PART 3-REGISTRATION OF BIRTHS

           Division 1-Notification of births

   12.     Notification of births

           Division 2-Registration of births

   13.     Cases in which registration of birth is required or authorised
   14.     How to have the birth of a child registered
   15.     Responsibility to have a birth registered
   16.     Registration of parentage details
   17.     Addition of details after birth registration
   18.     Obligation to have birth registered
   19.     Registration

           Division 3-Court orders for registration of birth

   20.     Court may order registration of birth

           Division 4-Perinatal death

   21.     Registrar may forward medical certificates

           Division 5-Child's name

   22.     Name of child
   23.     Dispute about child's name

   PART 4-CHANGE OF NAME

   24.     Change of name by registration
   25.     Application to register change of adult's name
   26.     Application to register change of child's name
   27.     Child's consent to change of name
   28.     Registration of change of name
   29.     Entries to be made in the Register
   29A.    Registrar to notify Chief Commissioner of Police of change of name of certain sex offenders
   30.     Change of name may still be established by repute or usage

   PART 4A-RECOGNITION OF SEX (TRANSSEXUALISM)

           Division 1-Persons born in Victoria

   30A.    Application to alter Register
   30B.    Statutory declarations by doctors
   30C.    Alteration of Register
   30D.    Issue of new birth certificate

           Division 2-Victorian residents born elsewhere

   30E.    Application for document acknowledging identity
   30F.    Issue of document acknowledging identity

           Division 3-Other matters

   30G.    Effect of alteration of Register and interstate recognition certificates
   30H.    Re-issue of interstate birth certificates
   30I.    Registrar to notify Chief Commissioner of Police

   PART 5-REGISTRATION OF MARRIAGES

   31.     Cases in which registration of marriage is required
   32.     How to have marriage registered
   33.     Registration of marriage

   PART 6-REGISTRATION OF DEATHS

           Division 1-Cases where registration of death is required or authorised

   34.     Deaths to be registered under this Act
   35.     Power to direct registration of death
   36.     Circumstances in which a death must not be registered

           Division 2-Notification of deaths

   37.     Notification of deaths by doctors
   38.     Notification of cause of death by coroner
   39.     Notification by funeral director, etc.

           Division 3-Registration of death

   40.     Registration

   PART 7-THE REGISTER

           Division 1-Keeping the Register

   41.     The Register

           Division 2-Registrar's powers of inquiry

   42.     Registrar's powers of inquiry

           Division 3-Correction and amendment of Register

   43.     Correction and amendment of Register

           Division 4-Access to and certification of Register entries

   44.     Protection of privacy
   45.     Search of Register
   46.     Issue of certificate
   47.     Access policies
   48.     Access to Register
   49.     Power to remit fees

           Division 4A-Information relating to child deaths

   49A.    Registrar's obligations in relation to the death of a child
   49B.    Registrar's obligations in relation to the death of a child and a still-birth

           Division 5-Additional information and services

   50.     Registrar may collect other information
   51.     Additional services in relation to information in Register and other information

   PART 8-GENERAL POWER OF REVIEW

   52.     Review by Victorian Civil and Administrative Tribunal

   PART 9-MISCELLANEOUS

   53.     False representation
   54.     Unauthorised access to or interference with Register
   55.     Falsification of certificate, etc.
   56.     Registrar to provide certain information to Minister
   57.     Records relating to period before 18 January 1853.
   58.     Power to require and take statutory declarations
   59.     Regulations

   PART 10-REPEALS, TRANSITIONAL PROVISIONS AND AMENDMENTS TO OTHER ACTS

   60.     Repeal of Registration of Births Deaths and Marriages Act 1959.
   61.     Regulations revoked
   62.     The Register
   63.     Superseded references
   64.     Repealed
   65.     Minor consequential amendments
           __________________
           SCHEDULE-Consequential Amendments to Various Acts
           1. Adoption Act 1984.
           2. Cemeteries Act 1958.
           3. Children And Young Persons Act 1989.
           4. Constitution Act 1975.
           5. Coroners Act 1985.
           6. Dental Technicians Act 1972.
           7. Dentists Act 1972.
           8. Health Act 1958.
           9. Medical Practice Act 1994.
           10. Pharmacists Act 1974.
           11. Status of Children Act 1974.
           12. The Constitution Act Amendment Act 1958.
           13. Veterinary Surgeons Act 1958.
           14. Witness Protection Act 1991.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details