Births, Deaths and Marriages Registration Act 1998 (WA)

Western Australia Births, Deaths and Marriages Registration Act 1998 Western Australia Births, Deaths and Marriages Registration Act 1998 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 Part 2 — Administration Division 1 — The Registrar and staff 5. Registrar 1 6. Registrar's general functions 1 7. Registrar's staff 1 8. Delegation 1 Division 2 — Execution of documents 9. The Registrar's seal 1 10. Execution of documents 1 Division 3 — Reciprocal administrative arrangements 11. Reciprocal administrative arrangements 1 Part 3 — Registration of births Division 1 — Notification of births 12. Notification of births 1 Division 2 — Registration of births 13. Cases in which registration of birth is required or authorised 1 14. How to have the birth of a child registered 1 15. Responsibility to have birth registered 1 16. Obligation to have birth registered 1 17. Registration of birth 1 18. Registration of parentage details 1 19. Addition of details after birth registration 1 Division 3 — Court orders relating to registration of birth 20. Powers of State courts 1 21. Registration of birth etc. after court findings 1 Division 4 — Child's name 22. Name of child 1 23. Given names can be changed once within a year of birth 1 Part 4 — Registration of information about certain parentage changes 24. WA order: birth registered in WA 1 25. WA order: birth not registered in WA 1 26. Order in other State: birth registered in WA 1 27. Manner and form of adoption information in the Register 1 28. Certain certified copies 1 Part 5 — Change of name Division 1 — Terms used 28A. Terms used 1 Division 2 — General requirements relating to change of name 29. Change of name by registration 1 29A. Registrar may register change of name despite restrictions 1 30. Application to register change of adult's name 1 30A. Restrictions on changes of adult's name 1 31. Application to register change of child's name 1 32. Child's consent to change of name 1 32A. Restriction on changes of child's name 1 33. Application to register change of child's name approved by Family Court 1 34. Registration of change of name 1 35. Entries to be made in the Register 1 35A. Registrar must inform certain registering authorities 1 35B. Registrar may inform prescribed public authorities 1 36. Change of name may be established by repute or usage 1 Division 3 — Change of name restrictions for restricted persons 36A. Terms used 1 36B. Registrar not to register name change without approval 1 36C. Restricted person not to apply to change name 1 36D. Person not to apply to change restricted person's name 1 36E. Approval by supervisory authority 1 36F. Notice of decision by Registrar 1 36G. Supervisory authority to give documents and information 1 36H. Delegation by chief executive officers 1 Part 6 — Registration of marriages 37. Marriages in the State to be registered 1 38. How to have marriage registered 1 39. Registration of marriage 1 Part 7 — Registration of deaths Division 1 — Cases where registration of death is required or authorised 40. Deaths to be registered under this Act 1 41. Powers of State courts and coroners and registration of death etc. after court findings 1 Division 2 — Notification of death 42. Person responsible for notification of death 1 43. Notification of suspected death 1 Division 3 — Certificates of cause of death 44. Doctor to provide certificate of cause of death unless the death is reportable to a coroner 1 Division 4 — Disposal of human remains 45. Notification of disposal of human remains in the State 1 46. Notification of disposal of human remains out of the State 1 47. Notification if disposal has not occurred within 30 days 1 Division 5 — Registration of death 48. Registration of death 1 Part 8 — The Register Division 1 — Keeping the Register 49. The Register 1 Division 2 — Registrar's powers of inquiry 50. Registrar's powers of inquiry 1 Division 3 — Correction and amendment of Register 51. Correction of Register 1 52. Amendment of Register 1 53. Registrar's functions under other Acts 1 Division 4 — Access to, and certification of, Register entries 54. Access to and verification of Register 1 55. Search of Register 1 56. Protection of privacy 1 57. Issue of certificate 1 58. Access policies 1 Part 9 — Miscellaneous 59. False representation 1 60. Unauthorised access to or interference with Register 1 61. Falsification of certificate etc. 1 62. Revocation of registration of registrable events obtained by fraud 1 63. Unauthorised disclosure of information 1 64. Power to require and take statutory declarations 1 65. Evidentiary 1 66. Protection from liability 1 67. Review 1 68. Some effects of Adoption Act 1994 and Surrogacy Act 2008 1 69. Regulations 1 70. Power to remit fees 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Births, Deaths and Marriages Registration Act 1998 An Act to provide for the registration of births, deaths, marriages, changes of name and information about certain parentage changes in Western Australia and for related matters. [Long title amended: No. 47 of 2008 s. 47.] Part 1 — Preliminary 1. Short title This Act may be cited as the Births, Deaths and Marriages Registration Act 1998. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Objects of Act The objects of this Act are to provide for — (a) the registration of births, deaths, marriages, changes of name and parentage change information in Western Australia; (b) the keeping of registers for recording and preserving information about births, deaths, marriages, changes of name and parentage changes in perpetuity; (c) 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; (d) the issue of certified and uncertified information from the registers; and (e) the collection and dissemination of statistical information. [Section 3 amended: No. 47 of 2008 s. 48.] 4. Terms used In this Act, unless the contrary intention appears — adult means a person who — (a) is 18 years of age or more; or (b) although under 18 years of age, is or has been married; approved means approved by the Registrar; birth means the expulsion or extraction of a child from its mother; birth registration statement means the statement referred to in section 14; change, in relation to a name, includes an addition, omission or substitution; child includes a still‑born child; corresponding law means a law of another State that provides for the registration of births, deaths and marriages; death includes still‑birth; disposal, in relation to human remains, means — (a) cremation of the remains; (b) burial of the remains (including burial at sea); (c) placing the remains in a mausoleum or other permanent resting place; or (d) 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); doctor means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; funeral director means a person who carries on the business of arranging for the disposal of human remains; human remains includes the remains of a still‑born child; neonatal death means the death of a live‑born child within 28 days after the birth; prohibited name means a name that, in the opinion of the Registrar — (a) is obscene or offensive; (b) could not practicably be established by repute or usage — (i) because it is too long; (ii) because it consists of or includes symbols without phonetic significance; or (iii) for some other reason; (c) is contrary to the public interest for some other reason; Register means the Register referred to in section 49(1); registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages; registrable event means a birth, death, marriage, change of name or an adoption or discharge of an adoption or the making or discharge of a parentage order as defined in the Surrogacy Act 2008 section 14; registrable information means the particulars and the further information referred to in section 49(2) that must or may be included in the Register; Registrar means the Registrar of Births, Deaths and Marriages referred to in section 5; State includes a Territory; State court means the Supreme Court, the District Court, the Family Court (including a court of summary jurisdiction having jurisdiction that may be exercised by the Family Court) or the Children's Court; still‑birth means the birth of a still‑born child; still‑born child means a child — (a) of at least 20 weeks' gestation; or (b) if it cannot be reliably established whether the child's period of gestation is more or less than 20 weeks, with a body mass of at least 400 grams at birth, that exhibits no sign of respiration or heartbeat, or other sign of life, immediately after birth. [Section 4 amended: No. 22 of 2008 Sch. 3 cl. 5; No. 47 of 2008 s. 49; No. 35 of 2010 s. 34.] Part 2 — Administration Division 1 — The Registrar and staff 5. Registrar There is to be appointed under and subject to Part 3 of the Public Sector Management Act 1994 a Registrar of Births, Deaths and Marriages for the State. 6. Registrar's general functions The Registrar's general functions are to — (a) establish and maintain the registers necessary for the purposes of this Act; (b) administer the registration system established by this Act and ensure that it operates efficiently, effectively and economically; and (c) ensure that this Act is administered in the way best calculated to achieve its objects. 7. Registrar's staff (1) There are to be appointed under and subject to Part 3 of the Public Sector Management Act 1994 — (a) one or more Deputy Registrars of Births, Deaths and Marriages; and (b) such other staff as are necessary for the proper administration of this Act. (2) A Deputy Registrar has the powers and functions of the Registrar but is subject to direction by the Registrar. (3) Subject to subsection (2), a Deputy Registrar may act as the Registrar when the Registrar is temporarily unavailable for any reason to perform the functions of office. 8. Delegation (1) The Registrar may, by instrument in writing, delegate to any person, either generally or as otherwise provided in the instrument, a power or duty that the Registrar has under this Act, other than this power of delegation. (2) Anything done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Registrar. 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 — (a) the Registrar's signature and seal; or (b) a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or a prescribed method. (2) If a document produced before a court or a person acting judicially, or an administrative authority or official is apparently under — (a) the Registrar's signature and seal; or (b) a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or a prescribed method, the court, person, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority. 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 and the arrangement may provide for — (a) the performance by the Registrar of functions of the registering authority under the corresponding law; and (b) the performance 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 perform, 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 perform, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of 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; (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) In this section — responsible person, in relation to the birth of a child — (a) if the child was born in a hospital or brought to a hospital within 24 hours after the child's birth, means — (i) in the case of a public hospital as defined in the Health Services Act 2016 section 6 — the chief executive of the health service provider for that hospital; or (ii) in the case of a private hospital as defined in the Private Hospitals and Health Services Act 1927 section 2(1) — the chief executive officer or general manager of the hospital; or (b) in any other case — (i) means the doctor or midwife responsible for the professional care of the child's mother at the birth; (ii) if the child was still‑born, means the doctor who examined the child's body after the birth; or (iii) if no doctor or midwife was in attendance at the child's birth, means any person in attendance at the birth. (2) When a child is born in the State, the responsible person must give the Registrar notice of the birth — (a) within one month after the birth; and (b) in an approved form and manner. Penalty: $1 000. (3) A person does not commit an offence under subsection (2) if notice of the birth is given by another person. [Section 12 amended: No. 11 of 2016 s. 284.] 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 State court orders that a birth be registered in this State, the birth must be registered under this Act. (3) If a court of another State or of the Commonwealth makes a determination that a birth should be registered in this State, the birth may be registered under this Act if the Registrar considers that it is appropriate to do so. (4) If a child is born — (a) in an aircraft during a flight to an airport in the State; or (b) on a vessel during a voyage to a port in the State, the birth may be registered under this Act. (5) If a child is born outside the Commonwealth, but the child is to become (or in the case of a still‑birth, was to become) a resident of the State, the birth may be registered under this Act. (6) The Registrar must not register a birth under subsection (4) or (5) 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 lodging a statement (the "birth registration statement") in an approved form. 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 impracticable for the other parent to join or be required to join in the application because of his or her death, disappearance, ill health or unavailability or the need to avoid unwarranted distress to obtain the signatures of both parents on the birth registration statement. (2) If a child is a foundling, the person with responsibility for the long‑term care, welfare and development 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 who is responsible under section 15(1) or (2) for having a child's birth registered must ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth. Penalty: $1 000. (2) The Registrar must accept a birth registration statement even though it is lodged after the end of the 60 day period. 17. Registration of birth (1) The Registrar is to register a birth by making an entry about the birth in the Register including such particulars as the Registrar considers appropriate to register the birth. (2) 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 (1) The Registrar is not to include information about the identity of a child's parents in the Register unless — (a) both parents of the child make a joint application for the inclusion of registrable information about that identity; (b) one parent of the child makes an application 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; (ii) he or she cannot be found; or (iii) of some other reason; (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 dispute the correctness of that information; (d) a State court orders the inclusion of registrable information about the identity in the Register or makes a finding that a particular person is a parent of a child; (e) a court of another State or of the Commonwealth makes a determination that registrable information about the identity should be included in the Register or makes a finding that a particular person is a parent of a child and the Registrar considers that it is appropriate to include the information in the Register; 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. (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 subsection (1) from doing so; (b) despite subsection (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 person can provide information to the Registrar's satisfaction as to the identity of the child's parent or parents; or (c) despite subsection (1), one parent has provided the birth registration statement and the registrable information relates only to the identity of that parent. [Section 18 amended: No. 3 of 2002 s. 30.] 19. Addition of details after birth registration (1) Subject to section 18, a person may apply to the Registrar for the inclusion of additional registrable information about a person's birth registration in the Register. (2) An application under subsection (1) — (a) must be made in writing; (b) must include such information that may be required by the Registrar; (c) in relation to a child, may include a request that a different surname for the child be entered in the Register (the proposed surname); and (d) 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 other evidence the Registrar may require. (3) Subject to subsection (4), on an application under subsection (1) that includes a request that a different surname for a child be entered in the Register — (a) if the application is jointly made by both parents of the child, the Registrar may change the surname for the child entered in the Register to the proposed surname; or (b) if the application is not jointly made by both parents of the child, the Registrar may change the surname for the child entered in the Register to the proposed surname if — (i) the child's other parent has died; or (ii) the child's other parent cannot be found but other children of the same parents are registered in the proposed surname. (4) On an application under subsection (1) that includes a request that a different surname for a child be entered in the Register the Registrar may change the surname for the child entered in the Register to the proposed surname — (a) if the proposed surname is not a prohibited name; and (b) if the child is 12 years of age or more and — (i) the child consents to the proposed surname; or (ii) the child is unable to understand the meaning and implications of the change of surname. [Section 19 amended: No. 3 of 2002 s. 31.] Division 3 — Court orders relating to registration of birth 20. Powers of State courts A State court may, on application by an interested person or on its own initiative, order the Registrar to — (a) register a birth; or (b) include or correct registrable information about a birth or a child's parents in the Register. 21. Registration of birth etc. after court findings (1) If a State court finds that — (a) the birth of a person is not registered as required under this Act or a corresponding law; (b) the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or incorrect; or (c) information about the identity of a child's parents should be included in the Register under this Act or a corresponding law, the State court may order the registration of the birth or order the inclusion or correction of registrable information in the Register or make a determination for the purposes of the corresponding law (as is applicable to the case). (2) The Registrar may register a birth or amend the Register in accordance with the determination of a court of another State or of the Commonwealth which has made a finding of a kind referred to in subsection (1) if the Registrar considers it is appropriate to do so. Division 4 — Child's name 22. Name of child (1) The birth registration statement for a child must state the name of the child. (2) Subsection (1) does not require a still‑born child or a child who has a neonatal death to be named but nothing in this subsection prevents such a child from being named if the persons lodging the birth registration statement for the child so wish. (3) The name is a matter of choice for the person or persons lodging the birth registration statement and nothing in this Act requires that — (a) the name be made up of both a surname and a given name or given names; or (b) the surname be the same as that of a parent of the child. (4) The Registrar may assign a name to a 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. (5) If the Family Court has resolved a dispute about a child's name the Registrar must assign or re‑assign the child's name in accordance with the court orders. (6) If a court of another State or of the Commonwealth has resolved a dispute about a child's name the Registrar may assign or re‑assign the child's name in accordance with the determination if the Registrar considers that it is appropriate to do so. 23. Given names can be changed once within a year of birth (1) A person may apply to the Registrar requesting the Registrar to change a name or names of a child entered in the Register other than the child's surname. (2) An application under subsection (1) — (a) must be made in writing; (b) must be made within 12 months after the date of the child's birth; (c) must be made — (i) if both of the child's parents signed the birth registration statement for the child, by both parents; (ii) if the Registrar accepted the birth registration statement for the child from one parent under section 15(1), by that parent; (iii) if, after the time when the birth registration statement for the child was lodged, one of the child's parents has died, by the other parent; or (iv) if, after the time when the birth registration statement for the child was lodged, both of the child's parents have died, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child, by the child's guardian; and (d) cannot be made if a previous application under this section has been made. (3) On an application under subsection (1) the Registrar may change a name or names of the child entered in the Register other than the child's surname to the name or names in accordance with the request unless a requested name is a prohibited name. Part 4 — Registration of information about certain parentage changes [Heading inserted: No. 47 of 2008 s. 50.] 24. WA order: birth registered in WA (1) On receipt of a notice under section 78(1) of the Adoption Act 1994 in relation to an adoptee whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the adoptee's birth. (2) On receipt of a notice under section 32(1) of the Surrogacy Act 2008 in relation to the making or discharge of a parentage order about a child whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the child's birth. [Section 24 amended: No. 47 of 2008 s. 51.] 25. WA order: birth not registered in WA (1) On receipt of a notice under section 78(1) of the Adoption Act 1994 in relation to an adoptee whose birth is registered in another State, the Registrar — (a) must send a copy of the notice to the relevant registering authority; and (b) subject to subsection (2), must register the adoptee's birth in accordance with the information provided under section 78 of that Act. (2A) On receipt of a notice under section 32(1) of the Surrogacy Act 2008 in relation to the making or discharge of a parentage order about a child whose birth is registered in another State, the Registrar — (a) must send a copy of the notice to the relevant registering authority; and (b) subject to subsection (2), must register the child's birth in accordance with the information provided under section 32 of that Act. (2) The Registrar is not required to register a birth under subsection (1) or (2A) if — (a) the birth is registered under a corresponding law; and (b) information about the adoption order or parentage order, or the discharge of the adoption order or parentage order, as is applicable in the case, is registered under a corresponding law. (3) If a birth is to be registered under subsection (1) or (2A) but some of the information required to register the birth is not available, the Registrar may endorse the birth registration to the effect that the information was not available when the birth was registered. [Section 25 amended: No. 47 of 2008 s. 52.] 26. Order in other State: birth registered in WA (1) If — (a) an adoption order or parentage order is made or discharged under a law in force in another State; and (b) the order was made or discharged in relation to a person whose birth is registered under this Act, the particulars (if any) provided under that law must be registered by the Registrar in relation to the registration of the person's birth. (2) In subsection (1) — parentage order means an order substantially similar in effect to a parentage order under the Surrogacy Act 2008. [Section 26 amended: No. 47 of 2008 s. 53] 27. Manner and form of adoption information in the Register A registration or endorsement required under this Part and any related entry in the Register are to be made in an approved manner and form. 28. Certain certified copies If the Adoption Act 1994 section 86 or the Surrogacy Act 2008 section 39 requires the Registrar to issue a certified copy of that portion of the registration of a person's birth that does not refer to — (a) the person's birth parents; or (b) as the case requires, the person's adoption or change of parentage under the Surrogacy Act 2008, the certified copy is to be in an approved form. [Section 28 inserted: No. 47 of 2008 s. 54.] Part 5 — Change of name Division 1 — Terms used [Heading inserted: No. 46 of 2020 s. 4.] 28A. Terms used In this Part — Australian citizen has the meaning given in the Australian Citizenship Act 2007 (Commonwealth) section 3; detainee has the meaning given in the Young Offenders Act 1994 section 3; early release order has the meaning given in the Sentence Administration Act 2003 section 4(2); high risk serious offender means a person subject to — (a) a supervision order as defined in the High Risk Serious Offenders Act 2020 section 27(1); or (b) an order under the High Risk Serious Offenders Act 2020 section 58; permanent resident has the meaning given in the Australian Citizenship Act 2007 (Commonwealth) section 3; prisoner has the meaning given in the Prisons Act 1981 section 3(1); reportable offender has the meaning given in the Community Protection (Offender Reporting) Act 2004 section 3; required declarant means a person who is any of the following — (a) a high risk serious offender; (b) a detainee; (c) a person subject to an early release order; (d) a prisoner; (e) a reportable offender; (f) a supervised offender; (g) a supervised young offender; supervised offender — (a) means a person who is subject to an order under which the person is supervised or monitored under the Sentencing Act 1995, the Sentence Administration Act 2003 or the Young Offenders Act 1994; but (b) does not include a supervised young offender or a person subject to an early release order; supervised young offender means a person who is the subject of a supervised release order as defined in the Young Offenders Act 1994 section 3. [Section 28A inserted: No. 46 of 2020 s. 4.] Division 2 — General requirements relating to change of name [Heading inserted: No. 46 of 2020 s. 5.] 29. Change of name by registration A person's name may be changed by registration of the change under this Part. 29A. Registrar may register change of name despite restrictions (1) Despite any restriction imposed by this Division, the Registrar may, on application, register a change of a person's name if the Registrar is satisfied that — (a) the change is for the personal protection of the person; or (b) the change is because of the marriage or divorce of the person; or (c) the change is justified by exceptional circumstances. (2) The Registrar may require the applicant to provide evidence to enable the Registrar to be satisfied under subsection (1). [Section 29A inserted: No. 46 of 2020 s. 6.] 30. Application to register change of adult's name (1) An adult may apply to the Registrar for registration of a change of the adult's name if — (a) the adult's birth is registered in the State; or (b) the adult was born outside Australia and — (i) the adult is an Australian citizen or permanent resident; and (ii) the adult's birth is not registered in another State; and (iii) the adult has lived in the State for at least 12 consecutive months immediately before the day the application is made. (2) The application must be made in the approved form. (3) The application must contain a declaration by the applicant setting out whether the applicant is, at the time the application is made, a required declarant. [Section 30 inserted: No. 46 of 2020 s. 7.] 30A. Restrictions on changes of adult's name (1) The Registrar must not register a change of an adult's name on an application under section 30 if the Registrar is aware that — (a) a change of the adult's name has been registered (whether in this State or in another State) within the period of 12 months immediately before the day the application is made; or (b) 3 or more changes of the adult's name have been registered (whether in this State or in another State). (2) When counting the number of changes of name for the purposes of subsection (1)(b), a change of name made before the applicant becomes an adult must not be counted. [Section 30A inserted: No. 46 of 20