Births, Deaths and Marriages Registration Act 1995 (NSW)

Births, Deaths and Marriages Registration Act 1995 No 62 An Act to provide for the registration of births, deaths and marriages and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Births, Deaths and Marriages Registration Act 1995. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are to provide for— (a) the registration of births, deaths and marriages in New South Wales, and (b) the registration of adoption information, and (c) the registration of changes of name and the recording of changes of sex, and (d) the keeping of registers for recording and preserving information about births, adoptions, deaths, marriages, registered relationships, changes of name and changes of sex in perpetuity, and (e) access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State, and (f) the issue of certified information from the registers, and (g) the collection and dissemination of statistical information. 4 Definitions (1) In this Act— adult means a person who is 18 or above or, although under 18, is or has been married. birth includes a stillbirth. birth certificate means a certificate issued under section 49 as to the particulars contained in an entry in the Register in relation to a person's birth. birth registration statement see section 14. change of name includes an addition, omission or substitution. child includes a stillborn child. corresponding law means a law of another State that provides for the registration of births, deaths and marriages. death does not include a stillbirth. disposal of human remains means— (a) cremation of the remains, or (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 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 cremated or are taken from the State by sea and buried at sea in the course of the voyage). exercise a function includes perform a duty. function includes a power, authority or duty. funeral director means a person who carries on the business of arranging for the disposal of human remains. prohibited name means a name that— (a) is obscene or offensive, or (b) could not practicably be established by repute or usage— (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 (c) includes or resembles an official title or rank, or (d) is contrary to the public interest for some other reason. registrable event means a birth, adoption or discharge of adoption, change of name, change of sex, death or marriage. registrable information means information that must or may be included in the Register1. Register see section 43. registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages. Registrar means a Public Service senior executive, within the meaning of the Government Sector Employment Act 2013, employed as the Registrar of Births, Deaths and Marriages. State includes a Territory. stillbirth means the birth of a stillborn child. stillborn child means a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that— (a) is of at least 20 weeks' gestation, or (b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes in the text of this Act do not form part of this Act. Note. 1See section 43 (2) 4A Application of Act to relationships under the Relationships Register Act 2010 This Act and the regulations apply to a relationship that the Registrar determines may be registered under the Relationships Register Act 2010 in the same way that they apply to a registrable event. Part 2 Administration Division 1 The Registrar 5 Registrar The Registrar is, in the exercise of functions under this Act, subject to the control and direction of the Minister. 6 Registrar's general functions The Registrar's general functions are— (a) to establish and maintain the registers1 necessary for the purposes of this Act and the Relationships Register Act 2010, and (a1) to maintain the integrity of the Register and to seek to prevent identity fraud associated with the Register and the information extracted from the Register, and (b) to administer the registration system established by this Act and ensure that the system operates efficiently, effectively and economically, and (c) to ensure that this Act is administered in the way best calculated to achieve its objects. Note. 1The registers are collectively referred to as the "Register". See section 43. 7 Registrar's staff (1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Registrar to exercise the Registrar's functions under this Act and the Relationships Register Act 2010. (2) The Registrar may engage persons under a contract to provide services to enable the Registrar to exercise the Registrar's functions under this Act and the Relationships Register Act 2010, including engaging persons through a labour hire arrangement. 8 Delegation (1) The Registrar may delegate to an authorised person any of the Registrar's functions under this Act and the Relationships Register Act 2010, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the Registrar if the delegate is authorised in writing to do so by the Registrar. (3) In this section— authorised person means the following— (a) a Public Service employee, within the meaning of the Government Sector Employment Act 2013, (b) a person engaged under a contract to provide services to enable the Registrar to exercise the Registrar's functions under this Act or the Relationships Register Act 2010, including a person engaged through a labour hire arrangement, (c) a person prescribed by the regulations. Division 2 Execution of documents 9 The Registrar's seal The Registrar is to have a seal. 10 Execution of documents (1) The Registrar may issue a certificate or other document under the Registrar's signature and seal, or under a copy of the Registrar's signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations. (2) If a document produced before a court or an administrative authority or official is apparently under— (a) the Registrar's signature and seal, or (b) a copy of the Registrar's signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations, the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority. (3) Judicial notice is to be taken of the Registrar's seal. Division 3 Reciprocal administrative arrangements 11 Reciprocal administrative arrangements (1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for— (a) the exercise by the Registrar of functions of the registering authority under the corresponding law, and (b) the exercise by the registering authority under the corresponding law of functions of the Registrar under this Act. (2) When an arrangement is in force under this section— (a) the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the registering authority under the corresponding law, and (b) the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the Registrar under this Act and anything done by the registering authority under this paragraph is taken to have been done by the Registrar under this Act. (3) An arrangement under this section may— (a) establish a database 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 database, and (c) provide for payments by or to participants in the arrangement for services provided under the arrangement. 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 person must give notice of the birth to the Registrar in a form and manner required by the Registrar, specifying the particulars required by the regulations. Maximum penalty—5 penalty units. (2) The notice must be given— (a) in the case of a child born alive—within 7 days after birth, or (b) in the case of a stillbirth—within 48 hours after stillbirth. (3) When notice of a stillbirth is given, the responsible person must also give the Registrar, in a form and manner required by the Registrar— (a) a registered medical practitioner's certificate certifying the cause of foetal death, or (b) if a registered medical practitioner is of the opinion that it is impracticable or undesirable to certify the cause of foetal death at the time the notice referred to in subsection (2) (b) is given, a notice signed by a registered medical practitioner stating the registered medical practitioner's intention to complete such a certificate. (4) The certificate or notice referred to in subsection (3) must be completed by the registered medical practitioner responsible for the professional care of the birth mother at the birth or a registered medical practitioner who examined the body of the stillborn child after the stillbirth. (5) 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 after birth—the chief executive officer of the hospital, or (b) if the child was not born in a hospital or brought to a hospital within 24 hours after birth, and a registered medical practitioner or midwife was responsible for the professional care of the birth mother at the birth—that registered medical practitioner or midwife. 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 registered under this Act. (2) If a court1 orders the registration of a birth, the birth must be registered under this Act. Note. 1The power to order registration of birth may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 19). (3) If a child is born— (a) in an aircraft during a flight to an airport in the State, or (b) on a ship during a voyage to a port in the State, the birth may be registered under this Act. (4) If a child is born outside the Commonwealth, but the child is to become (or in the case of a stillbirth, was to become) a resident of the State, the birth may be registered under this Act. (5) However, the birth of a child born outside the State is not to be registered under this Act if the birth is registered under a corresponding law. 14 How to have the birth of a child registered A person has the birth of a child registered under this Act by giving notice of the birth to the Registrar (the birth registration statement) in a form and manner required by the Registrar, specifying the particulars required by the regulations. 15 Responsibility to have 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 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 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— (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 Obligation to have birth registered (1) A person responsible for having the birth of a child registered must have the birth registered (as provided by section 14) within 60 days after the date of the birth. Maximum penalty—10 penalty units. (2) However, the Registrar must accept a birth registration statement given for the purposes of having a birth registered even though it is given after the end of the 60 day period. 17 Registration (1) The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by the regulations. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars. 18 Registration of parentage details The Registrar must not include registrable information about the identity of a child's parent in the Register unless— (a) both parents of the child make a joint application for the inclusion of the information, or (b) one parent of the child makes an application for the inclusion of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason, or (c) one parent of the child makes an application for the inclusion of the information and the Registrar is satisfied that the other parent does not dispute the correctness of that information, or (d) a court orders the inclusion of the information in the Register, or (e) a court makes a finding that a particular person is a parent of the child, or (f) the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child's parent, or (g) the regulations authorise the Registrar to include the information. Division 3 Court powers 19 Orders for registration of birth or inclusion of registrable information (1) The District Court may, on application by an interested person or on its own initiative, order— (a) the registration of a birth, or (b) the inclusion of registrable information about a birth or a child's parents (including details of the marriage of a child's parents) in the Register. (1A) Such an order may only be made in respect of a birth— (a) in the case of an order under subsection (1) (a), if the birth occurred in the State, in an aircraft during a flight to an airport in the State or on a ship during a voyage to a port in the State, and (b) in the case of an order under subsection (1) (b), if the birth has been registered under this Act. (2) If any court (including any court of another State or the Commonwealth) makes a finding about a birth or a child's parents, the court may order registration of the birth or inclusion of registrable information about the birth or the parents in the Register. Division 4 Alteration of details of birth registration 20 Alteration of details after birth registration (1) An application to the Registrar for the addition of registrable information in a person's birth registration— (a) must be made in writing, and (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 verifying the information contained in the application and any other evidence that the Registrar may require. (2) This section is subject to section 18. (3) In this section, registrable information does not include information relating to a person's change of sex. Division 5 Child's name 21 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 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 Registrar that they are unable to agree on the child's name. 22 Dispute about child's name (1) If there is a dispute between parents about a child's name, either parent may apply to the District Court for a resolution of the dispute. (2) On an application under subsection (1), the District Court may— (a) resolve the dispute about the child's name as the Court considers appropriate, and (b) order the Registrar to register the child's name in a form specified in the order. (3) If any court (including any court of another State or the Commonwealth) resolves a dispute about a child's name, the court may order the Registrar to register the child's name in a form specified in the order. Division 6 Donor conception information 22A Child conceived using a donated gamete (1) A birth registration statement for a child may include a declaration that the child was conceived using a donated gamete and in such a case the Registrar must note in the Register that the statement included that declaration. (2) The Registrar must, when issuing a birth certificate to a person who is 18 years of age or more and to whom a declaration under subsection (1) relates, attach an addendum to the birth certificate noting that declaration and stating that further information may be available from the central register established under the Assisted Reproductive Technology Act 2007. (3) A birth certificate for a person must not include any information that indicates that the person may be a person who was conceived using a donated gamete. Part 4 Registration of adoptions 23 Duty to register adoptions (1) If a State adoption order or recognised foreign adoption order is made or an order is made for the discharge of such an order, the adoption or discharge of adoption must be registered under this Act. (2) If an Interstate adoption order is made in relation to a person whose birth or previous adoption is registered under this Act or an order is made for the discharge of an Interstate adoption order in relation to such a person, the adoption or discharge of adoption must be registered under this Act. (3) In this section— Interstate adoption order means an adoption order made (whether by a court or not) under the law in force in another State. recognised foreign adoption order means an adoption of a child that is recognised under section 108 or 113 of the Adoption Act 2000 but only if the adoption was organised by or under the authority of the Director-General of the Department of Family and Community Services. State adoption order means an adoption order or declaration under section 117 (Declaration of validity of foreign adoptions) under the Adoption Act 2000. 24 How adoptions are registered (1) The Registrar is to register an adoption or discharge of an adoption by registering the record of the adoption or discharge sent to the Registrar under Chapter 7 of the Adoption Act 2000. (2) The Registrar registers the record by making an entry about it in the Register including the information required by the regulations. (3) If the record relates to a person in relation to whom such a record has previously been registered under this Act, the Registrar is also to note a reference to the later record in the entry in the Register relating to the previous record. 24A Registration of deceased person's former intention to adopt (1) The adoptive parent of a person in relation to whom a record is registered under this Part may apply to the Registrar, in a form approved by the Registrar, for registration of the intention of a deceased person before his or her death to adopt the person jointly with the adoptive parent. (2) The Registrar registers an intention of a deceased person to adopt by making an entry about the intention to adopt in the Register including the information required by the regulations. (3) An application to the Registrar under this section must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration obtained from the Director-General of the Department of Community Services or an appropriate principal officer (within the meaning of the Adoption Act 2000) verifying the information contained in the application and any other evidence that the Registrar may require. 25 Record of adoption or discharge of adoption to be noted in birth registration (1) If a record of adoption, or discharge of adoption, registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the record in the entry relating to the birth of the person. (2) If a record of adoption, or discharge of adoption, received by the Registrar under Chapter 7 of the Adoption Act 2000 relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the record to be sent to the relevant registering authority. 25A Issuing birth certificates for adopted persons (1) After a person's adoption is registered under this Part, a birth certificate issued by the Registrar for the person must contain— (a) the relevant information recorded in the Register pursuant to section 24(2) in place of the corresponding information recorded in the Register pursuant to section 17(1) (a post-adoption birth certificate), or (b) the relevant information recorded in the Register pursuant to section 24(2) and the following additional information (an integrated birth certificate)— (i) the corresponding information recorded in the Register pursuant to section 17(1), (ii) if no information is recorded in the Register pursuant to section 17(1)—information, if any, recorded on the Register pursuant to section 43(2)(b) that the Registrar considers appropriate for inclusion in the certificate in relation to the birth of the person. (2) A post-adoption birth certificate must not include any information that indicates that the person has been adopted. (3) If an adoption is registered on or after the commencement of the Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020— (a) a post-adoption birth certificate issued by the Registrar must be accompanied by an integrated birth certificate, and (b) an integrated birth certificate issued by the Registrar must be accompanied by a post-adoption birth certificate. (4) This section applies whether or not the person's birth has been registered under this Act. (5) A person who is issued a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3) is only required to pay the fee for a single certificate. (6) If the Registrar has issued a person a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3), a subsequent application to the Registrar may be for either or both of the certificates. Part 4A Registration of parentage orders 25B How is parentage order registered (1) If a State parentage order is made or an order is made for the discharge of a State parentage order, the order or discharge of order must be registered under this Act. (2) The Registrar is to register a State parentage order or discharge of a State parentage order by registering the notice of the parentage order or discharge of a parentage order given to the Registrar under Part 3 of the Surrogacy Act 2010. (3) If an Interstate parentage order is made in relation to a person whose birth is registered under this Act or an order is made for the discharge of an Interstate parentage order in relation to such a person, the order or discharge of order may be registered under this Act. (4) The Registrar may register an Interstate parentage order or discharge of an Interstate parentage order by registering any notice of the parentage order or discharge of a parentage order given to the Registrar by a registering authority. (5) The Registrar registers a notice by making an entry about it in the Register including the information required by the regulations. (6) If the notice relates to a person in relation to whom such a notice has previously been registered under this Act, the Registrar is also to note a reference to the later notice in the entry in the Register relating to the previous notice. (7) In this section— Interstate parentage order has the same meaning as it has in the Surrogacy Act 2010. State parentage order means a parentage order made under the Surrogacy Act 2010. 25C Parentage record to be noted in birth registration (1) If a notice registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the notice in the entry relating to the birth of the person. (2) If a notice of a parentage order or discharge of a parentage order received by the Registrar under the Surrogacy Act 2010 relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the notice to be sent to the relevant registering authority. 25D Issuing birth certificate to person the subject of surrogacy arrangement (1) After a parentage order relating to a person is registered under this Part, a birth certificate issued by the Registrar for the person must contain the relevant information recorded in the Register pursuant to section 25B in place of the corresponding information recorded in the Register pursuant to section 17 (1). (2) In particular, a birth certificate for the person must not include any information that indicates that the person was the child of a surrogacy arrangement. (3) However, the Registrar must, if the Registrar issues a birth certificate to the person to whom it relates, and the person is at least 18 years of age, attach an addendum to the certificate that indicates that further information is available about the entry. (4) This section applies whether or not the person's birth has been registered under this Act. 25E Change of name to be notified (1) If at any time the Registrar registers a change of name in relation to a person to whom a registered parentage order relates, the Registrar is to notify the Director-General of the Department of Health of the change of name. (2) The Director-General is authorised to collect and use that information for the purposes of the administration of the central register under the Assisted Reproductive Technology Act 2007. Part 5 Change of name Division 1 Preliminary 25F Definitions In this Part— Commissioner of Corrective Services has the same meaning as Commissioner in the Crimes (Administration of Sentences) Act 1999. correctional centre has the same meaning as in the Crimes (Administration of Sentences) Act 1999. correctional patient has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. forensic patient has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. former serious offender means a person who was a serious offender but is no longer a serious offender. inmate has the same meaning as in the Crimes (Administration of Sentences) Act 1999. mental health facility has the same meaning as in the Mental Health Act 2007. Mental Health Review Tribunal means the Mental Health Review Tribunal constituted under the Mental Health Act 2007. parolee means a person who— (a) is released on parole in accordance with the Crimes (Administration of Sentences) Act 1999, or (b) is the subject of a parole order that was made under a law of another State or a Territory and that is registered under the Parole Orders (Transfer) Act 1983. periodic detainee means a person who is subject to a periodic detention order made under section 6 of the Crimes (Sentencing Procedure) Act 1999 before the repeal of that section by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and that is in force. person on remand means any person the subject of a warrant or order by which a court has committed the person to a correctional centre in connection with proceedings for an offence committed, or alleged to have been committed, by the person. restricted person—see section 31B. serious offender has the same meaning as in the Crimes (Administration of Sentences) Act 1999 and includes a person who has been convicted of an offence, or is serving a sentence of imprisonment, elsewhere than in New South Wales that would, if the person were convicted or serving the sentence in New South Wales, result in the person being a serious offender within the meaning of that Act. supervising authority means— (a) in relation to a restricted person who is a forensic patient, the Mental Health Review Tribunal, or (b) in relation to a restricted person who is not a forensic patient and who is of a class of restricted persons for whom a supervising authority is prescribed by the regulations, that supervising authority, or (c) in relation to any restricted person not referred to in paragraph (a) or (b), the Commissioner of Corrective Services. supervision order means— (a) an interim supervision order or extended supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017, or (b) a community supervision order within the meaning of Part 4A of the Crimes (Administration of Sentences) Act 1999 or an intensive correction order within the meaning of that Act. Division 2 General requirements relating to change of name 26 Change of name by registration A person's name may be changed by registration of the change under this Part. 27 Application to register change of adult's name An adult person may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's name if— (a) the person's birth is registered in the State, or (b) the person was born outside Australia, the person's birth is not registered in Australia and the person has been resident in the State for at least 3 consecutive years immediately preceding the date of the application. 28 Application to register change of child's name (1) The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's name if— (a) the child's birth is registered in the State, or (b) the child was born outside Australia, the child's birth is