South Australia: Births, Deaths and Marriages Registration Act 1996 (SA)

South Australia Births, Deaths and Marriages Registration Act 1996 An Act about the registration of births, deaths and marriages and related matters. Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation Part 2—Administration Division 1—The Registrar 5 Registrar 6 Registrar's 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 birth registered 16 Obligation to have birth registered 17 Registration Division 3—Alteration of details of birth registration 18 Alteration of details of parentage after registration of birth Division 4—Court orders relating to registration of birth 19 Application to Court 20 Power to direct registration of birth etc Division 5—Child's name 21 Name of child 22 Dispute about child's name Division 6—Surrogacy orders 22A Surrogacy orders Part 4—Change of name Division 1—General requirements for change of name 23 Change of name by registration 24 Application to register change of adult's name 25 Application to register change of child's name 25A Change of name of child under guardianship 26 Child's consent to change of name 27 Registration of change of name 28 Entries to be made in the Register 29 Change of name may still be established by repute or usage 29A Saving provision—surrogacy arrangements Division 2—Requirements for change of name of restricted persons 29B Interpretation 29C Application of Division 29D Application for change of name by or on behalf of restricted person 29E Approval by supervising authority for change of name of restricted person 29F Additional requirements for registration of change of name of restricted person 29G Information exchange between Registrar and supervising authority Part 4A—Change of sex or gender identity Division 1—Preliminary 29H Preliminary Division 2—Applicants born in South Australia 29I Application to change sex or gender identity 29J Application to change child's sex or gender identity 29K Material supporting application 29L Change of sex or gender identity 29M Special provision relating to access to Register and issue of extracts and certificates 29N Use of old birth certificate to deceive Division 3—South Australian residents born outside Australia 29O Application for identity acknowledgement certificate 29P Application for identity acknowledgement certificate in respect of child 29Q Issue of identity acknowledgement certificate 29R Effect of identity acknowledgement certificate Division 4—General provisions 29S Registrar may limit number of applications 29T Entitlement not affected by change of sex or gender identity 29U Change of sex or gender identity—interaction with other laws Part 5—Registration of marriages 30 Cases in which registration of marriage is required 31 How to have marriage registered 32 Registration of marriage Part 6—Registration of deaths Division 1—Cases where registration of death is required or authorised 33 Deaths to be registered under this Act Division 2—Court or Tribunal orders relating to registration of death 34 Application to Tribunal 35 Power to direct registration of death etc Division 3—Notification of deaths 36 Notification of deaths by doctors 37 Notification by coroner 38 Notification by funeral director etc Division 3A—Notification by court appointed guardians 38A Notification by court appointed guardians Division 4—Registration of death 39 Registration Part 7—The Register Division 1—Keeping the Register 40 The Register Division 2—Registrar's powers of inquiry 41 Registrar's powers of inquiry Division 3—Correction of Register 42 Registrar's power to correct Register Division 4—Access to, and certification of, Register entries 43 Access to Register 44 Search of Register 45 Protection of privacy 46 Issue of certificate 47 Access policies 48 Fees 49 Power to remit fees 49A Saving provision—surrogacy arrangements Part 8—General power of review 50 Review Part 9—Miscellaneous 51 False representation 52 Unauthorised access to or interference with Register 53 Falsification of certificate etc 55 Regulations Schedule 1—Transitional 1 Interpretation 3 The Register 4 The Registrar and Deputy Registrars Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Births, Deaths and Marriages Registration Act 1996. 3—Objects of Act The objects of this Act are to provide for— (a) the registration of births, deaths and marriages in South Australia; and (b) the registration of changes of name; and (ba) the registration of changes in sex or gender identity; and (c) the keeping of registers for recording and preserving information about births, deaths, marriages and changes of name in perpetuity; and (d) 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 (e) the issue of certified information from the registers; and (f) the collection and dissemination of statistical information. 4—Interpretation In this Act— adult means a person who is 18 or above or, although under 18, is or has been married; authorised celebrant means an authorised celebrant under the Marriage Act 1961 (Cwth); birth means the expulsion or extraction of a child from its mother; change of 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; Court means the Magistrates Court; cremated remains has the same meaning as in the Burial and Cremation Act 2013; death includes still-birth; 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); doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); donor means a person who provided human reproductive material for the purposes of an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) on the understanding that they would not be a parent or legal guardian of a child born as a consequence of the procedure; donor conception means conception of a child by an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) using human reproductive material provided by a donor; 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; 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) is contrary to the public interest for some other reason; registrable event means a birth, change of name, change of sex or gender identity, death or marriage and includes the making or revocation of a surrogacy order; registrable information means information that must or may be included in the Register1; Register—See section 40; registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages; Registrar means the Registrar of Births, Deaths and Marriages; State includes a Territory; still-birth means the birth of a still-born child; 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 exhibits no sign of respiration or heartbeat, or other sign of life, after birth but does not include the product of a procedure for the termination of pregnancy; surrogacy order means an order under section 18 or 19 of the Surrogacy Act 2019; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Note— 1 See section 40(2). Part 2—Administration Division 1—The Registrar 5—Registrar (1) The Registrar of Births, Deaths and Marriages is responsible, subject to the Minister's control and direction, for the administration of this Act. (2) The Registrar is to be a Public Service employee. 6—Registrar's functions (1) The Registrar's general functions are to— (a) establish and maintain the registers1 necessary for the purposes of this Act or any other Act; and (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. (2) In addition to the general functions referred to in subsection (1), the Registrar— (a) may carry out any other function conferred on the Registrar by or under this Act or any other Act; and (b) may do anything necessary or expedient to be done for the purposes of a function referred to in this section. Note— 1 The registers are collectively referred to as the Register—See section 40. 7—Registrar's staff (1) The Registrar's staff consists of— (a) one or more Deputy Registrars of Births, Deaths and Marriages; and (b) the other staff 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) The staff are to be Public Service employees. 8—Delegation (1) The Registrar may delegate powers or functions under this or any other Act. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. Division 2—Execution of documents 9—The Registrar's seal The Registrar has a seal. 10—Execution of documents (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, machine imprint or some other method authorised by regulation. (2) If a document produced before a court, tribunal 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 some other method authorised by regulation, the court, tribunal, 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 providing for— (a) the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and (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— (a) the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the powers and 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 powers and functions of the Registrar under this Act. (3) An arrangement under this section may— (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 (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 written notice of the birth to the Registrar including the particulars required by regulation. Maximum penalty: $1 250. (2) The notice must be given— (a) in the case of a child born alive—within 7 days after birth; (b) in the case of a still-birth—within 48 hours after birth. (3) When notice of a still-birth is given, the responsible person must also give a doctor's certificate in a form approved by the Registrar, certifying the cause of foetal death, to— (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) The certificate must be completed by the doctor responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth. (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) in other cases—the doctor or midwife responsible for the professional care of the mother 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 registered under this Act. (2) If a court (whether of this or any other State or the Commonwealth) directs the registration of a birth, the birth must be registered under this Act. (3) If a child is born in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the birth may be registered under this Act. (4) If a child is born outside the Commonwealth, but— (a) the child is to become a resident of the State; or (b) in the case of a still-born child—a person responsible for having the birth of the child registered is or is to become a resident of the State, the birth may be registered under this Act. (5) However, the Registrar must not register a birth under subsections (3) or (4) if the birth is registered under a corresponding law. 14—How to have the birth of a child registered (1) A person has the birth of a child registered under this Act by lodging a statement (the birth registration statement) in a form approved by the Registrar containing the information required by regulation. (2) If the child was born as a result of donor conception, the birth registration statement must state that fact and include particulars of the identity (if known) of the donor. (3) The fact that a person is described as a donor in a birth registration statement in accordance with this section, or in an entry about the birth in the Register— (a) does not constitute an acknowledgement of parentage for the purposes of the Family Relationships Act 1975 or any other law; and (b) does not otherwise operate to make that person the mother or father of the child for the purposes of any other law. 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 impossible, impracticable or inappropriate for the other parent to join or be required to join in the application whether because of his or her death, disappearance, ill-health or unavailability or the need to avoid unwarranted distress or for some other reason. (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 ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth. Maximum penalty: $1 250. (2) However, the Registrar must accept a birth registration statement even though it is lodged 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 regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars. Division 3—Alteration of details of birth registration 18—Alteration of details of parentage after registration of birth (1) The Registrar may include registrable information about a child's parents or a donor in the Register after registration of the child's birth if— (a) the father and mother of the child make a joint application for the addition of the information; or (b) one parent of the child makes an application for the addition 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. (2) The Registrar must include or correct registrable information about a child's parents or a donor in the Register after registration of the child's birth if a court (whether of this or any other State or the Commonwealth) directs the inclusion or correction of the information in the Register or the Registrar is advised of a finding by a court that a particular person is a parent of the child. (3) An application to the Registrar for the inclusion of registrable information in the Register— (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 other evidence the Registrar may require. Division 4—Court orders relating to registration of birth 19—Application to Court The Court may, on application by an interested person or on its own initiative, order— (a) the registration under this Act of a birth that has occurred in the State; or (b) the inclusion or correction of registrable information about a birth or a child's parents in the Register. 20—Power to direct registration of birth etc If a court finds— (a) that the birth of a person is not registered as required under this Act or a corresponding law; or (b) that the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or 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). Division 5—Child's name 21—Name of child (1) Subject to this section, the birth registration statement must state the name of the child. (2) The name is a matter of choice for the person or persons lodging the statement1, but 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. (3) A birth registration statement relating to a still-born child need not state the name of the child. Note— 1 For example, there is no requirement that the name be made up of both a surname and a given name or given names. 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 Tribunal for a resolution of the dispute. (2) On an application under subsection (1), the Tribunal may— (a) resolve the dispute about the child's name as the Tribunal considers appropriate; and (b) order the Registrar to register the child's name in a form specified in the order. Division 6—Surrogacy orders 22A—Surrogacy orders (1) On receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy 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 and the child's name. (2) Without limiting subsection (1), the Registrar must, in relation to the Register, make such entries and alterations as are necessary to give effect to the operation of the orders made by the Court under section 18(1) or 19(3) of the Surrogacy Act 2019 (as the case requires). (3) Subject to subsection (4), a certificate issued by the Registrar after the registration of the particulars provided in a notice under section 21 of the Surrogacy Act 2019— (a) must only disclose and certify up‑to‑date particulars contained in an entry; and (b) must not provide any information disclosing a change in a parent or parents of the relevant child, or a change in the name of the child (including by disclosing the name of, or information about, any birth parent who is no longer considered as a parent of the child). (4) A person— (a) who is the subject of a surrogacy order and who has attained the age of 18 years; or (b) who is a party to the surrogacy agreement that gave rise to a surrogacy order, is entitled to a certificate certifying all relevant entries in the Register. (5) On the receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy order about a child whose birth is registered in another State, the Registrar must send a copy of the notice to the relevant registering authority. Part 4—Change of name Division 1—General requirements for change of name 23—Change of name by registration A person's name may be changed by registration of the change under this Part. 24—Application to register change of adult's name (1) Subject to this Part, 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) — (i) the person was born outside Australia; and (ii) the person's birth is not registered in another State or Territory; and (iii) the person has been resident in the State for at least 12 consecutive months immediately before the date of the application. (2) The Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name— (a) is sought for the purpose of the protection of the applicant or a child of the applicant; or (b) is related to a marriage or divorce of the applicant. (3) An application under subsection (1) must contain a declaration by the person indicating whether he or she is, at the time of the making of the application— (a) a restricted person as defined in section 29B; or (b) a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006. 25—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) — (i) the child was born outside Australia; and (ii) the child's birth is not registered in another State or Territory; and (iii) the child has been resident in the State for at least 12 consecutive months immediately before the date of the application. (1a) The Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name— (a) is sought for the purpose of the protection of the child or the applicants; or (b) the applicants have legally married and wish the child to change to the married name of both applicants. (1b) The requirement under subsection (1)(b)(iii) does not apply if the Tribunal has approved the proposed change of a child's name under subsection (2)(c). (2) 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 or any other law; or (b) there is no other surviving parent of the child; or (c) the Tribunal approves the proposed change of name. (3) The Tribunal 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. (4) If the parents of a child are dead, cannot be found, 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. (5) This section does not apply in relation to a child during any period that section 25A applies in relation to the child. 25A—Change of name of child under guardianship (1) This section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires): (a) a child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age; (b) a child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months. (2) The Chief Executive may, by notice in writing— (a) in the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or (b) in the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires), direct the Registrar to register a change of the name of a child in relation to whom this section applies. (3) Before giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so— (a) ascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and (b) — (i) take reasonable steps to notify the parents of the child of the proposed change of name; and (ii) have regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive. (4) The Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so. (5) Sections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section. (6) The Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1). (7) Nothing in this section prevents the name of a child being later changed in accordance with the law of the State. (8) A person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act). (9) The regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section. (10) In this section— Chief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017; repealed Act means the Children's Protection Act 1993. 26—Child's consent to change of name A change of a child's name 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. 27—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— (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 a child—that the child consents to the change of name or is unable to understand the meaning and implications of the change of name. (2) If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law or by order of a court or tribunal, the change of name may be registered under this Act. (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name. 28—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 Register including the particulars required by regulation. (2) If the applicant for registration of the change of name asks the Registrar to arrange for noting the change of name in the particulars of the person's birth, and the person's birth is registered under this Act or a corresponding law, the Registrar must— (a) if the birth is registered under this Act—note the change of name in the entry relating to the birth; or (b) if the birth is registered under a corresponding law—notify the relevant registering authority of the change of name. (3) If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person's name as changed under this Part. 29—Change of name may still be established by repute or usage This Part does not prevent a change of name by repute or usage. 29A—Saving provision—surrogacy arrangements This Part does not limit the operation of Division 6 of Part 3. Division 2—Requirements for change of name of restricted persons 29B—Interpretation In this Division— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; immediate family of a person means any 1 or more of the following: (a) a spouse or domestic partner; (b) a parent (including a person who stands in the position, and undertakes the responsibilities, of a parent); (c) a grandparent; (d) a child (including an adult child); (e) a grandchild (including an adult grandchild); (f) a brother or sister; restricted person means— (a) a prisoner; or (b) a prisoner released on parole or home detention under the Correctional Services Act 1982; or (c) a person subject to an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015; or (d) a person released on licence under the Sentencing Act 2017; or (e) a person or a class of persons declared by the regulations to be a restricted person; prisoner has the same meaning as in the Correctional Services Act 1982; spouse—a person is the spouse of another if they are legally married; supervising authority means— (a) the person holding or acting in the position of Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982; or (b) a person declared by the regulations to be a supervising authority in respect of a restricted person or a class of restricted person. 29C—Application of Division (1) The requirements and restrictions in this Division are in addition to the requirements and restrictions contained in Division 1. (2) This Division does not apply to a change of name of a restricted person who is a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006. Note— The Child Sex Offenders Registration Act 2006 provides for the requirements in relation to changing, or applying to change, the name of a registrable offender. 29D—Application for change of name by or on behalf of restricted person (1) A restricted person must not— (a) apply to the Registrar to register a change of his or her name under this Act; or (b) apply to a registering authority to register a change of his or her name under a corresponding law, without the written approval of the supervising authority. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not, on behalf of a restricted person— (a) apply to the Registrar to register a change of his or her name under this Act; or (b) apply to a registering authority to register a change of his or her name under a corresponding law, without the written approval of the supervising authority. Maximum penalty: $10 000 or imprisonment for 2 years. (3) If a court convicts a person of an offence under subsection (1) or (2), the court may, on application by the prosecution, declare a change of name registered in relation to the person to be void and the Registrar must, on being notified of that declaration, correct the Register. 29E—Approval by supervising authority for change of name of restricted person (1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration for a change of name of a restricted person. (2) In determining whether to grant an approval under subsection (1), the supervising authority must have regard to the following: (a) the safety of the restricted person and other persons; (b) the rehabilitation, care or treatment of the restricted person; (c) whether the proposed change of name— (i) could be used to further an unlawful activity or purpose; or (ii) could be used to evade or hinder the supervision of the restricted person; or (iii) could be considered offensive to a victim of crime or the immediate family of a deceased victim of crime. (3) The supervising authority must not approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person unless the supervising authority is satisfied that the change is necessary or reasonable. (4) The supervising authority must, on approving the making of an application under subsection (1)— (a) as soon as practicable, give written notice of the approval to the person who intends to make the application; and (b) give a copy of the written notice of approval to the Registrar or the registering authority (as the case requires). (5) The supervising authority may, by instrument in writing, delegate to a person (including a person for the time being holding or acting in a particular position) a function or power of the supervising authority under this section. (6) A delegation under subsection (5)— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) may be further delegated; and (d) is revocable at will by the delegator. 29F—Additional requirements for registration of change of name of restricted person (1) The Registrar must not register a change of name of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for registration of a change of name. (2) The Registrar must notify the supervising authority of a change of name of a restricted person. (3) The Registrar may correct the Register if a change of name of a person has been registered in contravention of this Division. 29G—Information exchange between Registrar and supervising authority (1) The Registrar and the supervising authority may enter into an arrangement for the provision or exchange of information for the purposes of this Division. (2) Information may be provided or exchanged in accordance with an arrangement under this section despite any other Act or law. Part 4A—Change of sex or gender identity Division 1—Preliminary 29H—Preliminary (1) In this Part— clinical treatment—clinical treatment need not involve invasive medical treatment (and may include or be constituted by counselling); designated certificate means a certificate relating to the recognition of sex or gender identity issued under the law of another jurisdiction and recognised by the Registrar for the purposes of this Part; identity acknowledgement certificate means a certificate issued under section 29Q; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); prescribed notification means a notification issued by another registering authority and recognised by the Registrar for the purposes of this Part; psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). (2) For the purposes of this Part, a reference to a change of a person's sex or gender identity includes, in the case of a person whose sex or gender identity has not been determined, a reference to the determination of the person's sex or gender identity. (3) For the purposes of this Part, clinical treatment constituted by counselling only cannot be regarded as a sufficient amount of appropriate clinical treatment unless the period of the counselling is equal to or greater than the prescribed period. Division 2—Applicants born in South Australia 29I—Application to change sex or gender identity (1) Subject to this Part, a person of or above the age of 18 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's sex or gender identity. (2) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and (b) include the material required under section 29K. 29J—Application to change child's sex or gender identity (1) Subject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's sex or gender identity. (2) However, an application under subsection (1) may only be made if— (a) the child's birth is registered in the State; and (b) the Tribunal approves the making of the application. (3) An application under subsection (1) must— (a) specify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and (b) include the material required under section 29K. (4) The Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(b) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted. (5) In determining whether or not to grant an approval, the Tribunal must take into account— (a) whether the child understands the meaning and implications of the making of an application to the Registrar; and (b) whether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and (c) whether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity; and (d) whether a designated certificate or a prescribed notification has been provided. (7) A child is to be taken to have the capacity to make an application under this section. 29K—Material supporting application An application under this Division must be accompanied by— (a) a statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity (including in the case of a person whose sex or gender identity has now become determinate); or (b) in the case of an applicant in relation to whom a designated certificate or a prescribed notification has been issued— (i) a copy of the designated certificate or prescribed notification (as the case may be); and (ii) a statement— (A) of a kind described in paragraph (a); or (B) by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in the jurisdiction that issued the designated certificate or prescribed notification. 29L—Change of sex or gender identity If, on an application under this Division, the Registrar is satisfied that the applicant has undertaken a sufficient amount of appropriate clinical treatment in relation to their sex or gender identity, the Registrar may make an entry about the change of the person's sex or gender identity in the Register, including the particulars required by regulation. 29M—Special provision relating to access to Register and issue of extracts and certificates (1) Subject to this section, an extract or certificate issued by the Registrar in relation to a person after the registration of a change in the person's sex or gender identity under this Part must only disclose and certify up‑to‑date particulars contained in the relevant entry. (2) Where registration of a change in a person's sex or gender identity has occurred under this Part, the Registrar— (a) must retain on the Register the particulars contained in the entry in the Register relating to the person's sex or gender identity before the registration of the change; but (b) must not— (i) allow access to the particulars referred to in paragraph (a); or (ii) issue an extract or certificate from the Register showing the person's sex or gender identity before the registration of the change, unless application for access to the information or issue of the extract or certificate is made by— (iii) the person; or (iv) a child of the person; or (v) a person or body specified by regulation. 29N—Use of old birth certificate to deceive (1) A person who— (a) produces a birth certificate to someone else that shows a person's sex or gender identity before the registration of a change in the person's sex or gender identity under this Part; and (b) produces the certificate with intent to deceive, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) It is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant. (3) In this section— birth certificate includes— (a) a copy of a birth certificate; and (b) an extract from a birth certificate. Division 3—South Australian residents born outside Australia 29O—Application for identity acknowledgement certificate (1) Subject to this Part, a person— (a) who is of or above the age of 18 years; and (b) who was born outside Australia; and (c) whose birth is not registered in another State or Territory; and (d) who has been resident in the State for at least 12 consecutive months immediately before the date of the application, may apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate. (2) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have specified on the identity acknowledgement certificate; and (b) include a statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's gender identity. 29P—Application for identity acknowledgement certificate in respect of child (1) Subject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate. (2) However, an application under subsection (1) may only be made if— (a) the child was born outside Australia; and (b) the child's birth is not registered in another State or Territory; and (c) the child has been resident in the State for at least 12 consecutive months immediately before the date of the application; and (d) the Tribunal approves the making of the application. (3) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have recorded specified on the identity acknowledgement certificate; and (b) include a statement by a medical practitioner or psychologist certifying that the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's gender identity. (4) The Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(d) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted. (5) In determining whether or not to grant an approval, the Tribunal must take into account— (a) whether the child understands the meaning and implications of the making of an application to the Registrar; and (b) whether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and (c) whether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity. (7) A child is to be taken to have the capacity to make an application under this section. 29Q—Issue of identity acknowledgement certificate If, on an application for an identity acknowledgement certificate, the Registrar is satisfied that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity, the Registrar may issue a certificate that acknowledges the person's sex or gender identity. 29R—Effect of identity acknowledgement certificate If an identity acknowledgement certificate is issued to a person under this Division, the person is of the sex or gender identity specified in the identity acknowledgement certificate. Division 4—General provisions 29S—Registrar may limit number of applications (1) The Registrar may determine and publish on a website determined by the Registrar a limit on the number of applications that may be made under this Part in respect of a person. (2) If— (a) the number of applications that have been made under this Part in respect of a person is equal to or greater than the limit determined by the Registrar; and (b) a further application in respect of the person is made, the Registrar may reject the application. (3) A person aggrieved by a decision of the Registrar to reject an application under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. (4) An application for review must be made within 28 days after the person received notice of the decision of the Registrar to reject the application referred to in subsection (2)(b). (5) On a review, the Tribunal may— (a) confirm the Registrar's decision; or (b) set aside the Registrar's decision and send the matter back to the Registrar with a direction that the application be accepted and dealt with in accordance with this Part. 29T—Entitlement not affected by change of sex or gender identity A person who has an entitlement under a will, trust or other instrument does not lose the entitlement only because of a change in the person's sex or gender identity or the issue of an identity acknowledgement certificate under this Part, unless the will, trust or other instrument provides otherwise. 29U—Change of sex or gender identity—interaction with other laws A person who has changed their sex or gender identity or has been issued an identity acknowledgement certificate under this Part will be taken to have satisfied a requirement under another Act or law that the person provide details of their sex if the person provides details of their sex or gender identity as changed. Part 5—Registration of marriages 30—Cases in which registration of marriage is required If a marriage is solemnised in the State, the marriage must be registered under this Act. 31—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 solemnised before the commencement of that Act, the evidence of the marriage required by the Registrar1. Note— 1 Under section 50(4) of the Marriage Act 1961 of the Commonwealth the authorised celebrant is responsible for lodging the certificate of marriage with the Registrar. 32—Registration of marriage A marriage may be registered by— (a) including the marriage certificate as part of the Register; or (b) including particulars of the marriage in the Register. Part 6—Registration of deaths Division 1—Cases where registration of death is required or authorised 33—Deaths to be registered under this Act (1) If a person dies in the State, the death must be registered under this Act. (2) If a court, tribunal or coroner (whether of this or any other State or the Commonwealth) directs the registration of a death, the death must be registered under this Act. (3) If a person dies in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the death may be registered under this Act. (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. (5) However, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law. (6) If a child is still-born, the child's death1 is not to be registered under this Part. Note— 1 ie the foetal death. A child is defined to include a still-born child. Division 2—Court or Tribunal orders relating to registration of death 34—Application to Tribunal The Tribunal may, on application by an interested person or on its own initiative, order— (a) the registration under this Act of a death that has occurred in the State; or (b) the inclusion or correction of registrable information about a death in the Register. 35—Power to direct registration of death etc If a court, tribunal or coroner finds— (a) that the death of a person is not registered as required under this Act or a corresponding law; or (b) that the registrable information contained in an entry about a death in the Register under this Act or a corresponding law is incomplete or incorrect, the court, tribunal or coroner 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). Division 3—Notification of deaths 36—Notification of deaths by doctors (1) A doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death, give written notice of the death to the Registrar, including the particulars required by regulation. Maximum penalty: $1 250. (2) However, a doctor— (a) need not give a notice under this section if another doctor has given the required notice; and (b) must not give a notice under this section if the State Coroner or a police officer is required to be notified of the death under the Coroners Act 2003. Maximum penalty: $1 250. (3) When notice of a death is given, the doctor must also give a certificate in a form approved by the Registrar, certifying the cause of death, to— (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) If a child is still-born, the child's death is not to be notified under this section1. Note— 1 In the case of a still-birth notice must be given to the Registrar under section 12. 37—Notification by coroner (1) If the State Coroner is notified of a death under the Coroners Act 2003 or is inquiring into the cause of a death, the State Coroner must, as soon as practicable, notify the Registrar of that fact. (2) If the State Coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the State Coroner must give a copy of the disposal authorisation or the finding to the 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. (4) A certificate by the Registrar, certifying particulars contained in an entry about a death in the Register, issued before an inquest or other coronial inquiry into the cause of death is completed must be endorsed with the words: "Incomplete registration—Cause of death subject to coronial inquiry". 38—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 written statement of— (a) the name and last residential address of the deceased or, in the case of a still-born child, the name and residential address of the parents of the still-born child; and (b) if the death was reported to a coroner—a statement of that fact; and (c) the place and manner of disposal; and (d) the information required by regulation. Maximum penalty: $1 250. (2) If human remains (other than cremated remains) are removed from the State, the funeral director or other person who arranges for the removal of the remains from the State must, within 28 days after the remains are disposed of outside the State, give the Registrar a written statement of where and how the remains were disposed of, and the other information required by regulation. Maximum penalty: $1 250. (3) 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 written statement of— (a) the name and last residential address of the deceased or, in the case of a still‑born child, the name and residential address of the parents of the still‑born child; and (b) if the death was reported to a coroner—a statement of that fact; and (c) the information required by regulation. Maximum penalty: $1 250. Division 3A—Notification by court appointed guardians 38A—Notification by court appointed guardians (1) A person may give notice to the Registrar that a person named in the notice was a court appointed guardian (other than a parent) of a person who has died at the time of the death. (2) A notice under subsection (1) must— (a) be given as soon as reasonably practicable after the death of the deceased; and (b) be in writing in a form approved by the Registrar; and (c) include a copy of the order of the Youth Court of South Australia placing the child under the guardianship of the person named in the notice; and (d) include the information required by the Registrar. (3) The Registrar may require a person giving notice under subsection (1)— (a) to provide further specified information or documents within a specified time; and (b) to verify, by statutory declaration, information provided for the purposes of the notice. (4) In this section— court appointed guardian means a person (other than the Chief Executive) under the Children and Young People (Safety) Act 2017. Division 4—Registration of death 39—Registration (1) The Registrar registers a death by making an entry about the death in the Register including the particulars required by regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars. (3) If the Registrar has received a notice under section 38A, the Registrar must include the name of the guardian of the deceased named in the notice in the entry of the Register relating to the death of the deceased. Part 7—The Register Division 1—Keeping the Register 40—The Register (1) The Registrar must maintain a register or registers1 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; and (b) may contain further information if its inclusion is authorised under the regulations. (3) The Register may be wholly or partly in the form 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 information contained in the Register reasonably accessible. Note— 1 A reference in this Act to the Register extends to all the registers kept under this subsection. Division 2—Registrar's powers of inquiry 41—Registrar's powers of inquiry (1) The Registrar may conduct an inquiry to find 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 Register. (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 information within a time and in a way specified in the notice. (3) A person who fails, without reasonable excuse, to comply with a notice under subsection (2) is guilty of an offence. Maximum penalty: $1 250. Division 3—Correction of Register 42—Registrar's power to correct Register (1) The Registrar may correct the Register— (a) to reflect a finding made on inquiry under Division 2; or (b) to bring the particulars contained in an entry about a registrable event into conformity with the most reliable information available to the Registrar of the registrable event. (2) 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. (3) The Registrar's power to correct the Register under this section is in addition to any other power of the Registrar under this Act. Division 4—Access to, and certification of, Register entries 43—Access to Register (1) The Registrar may, on conditions the Registrar considers appropriate— (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 from the Register, with information extracted from the Register. (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— (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 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. 44—Search of Register (1) The Registrar may, on application, search the Register for an entry about a particular registrable event. (2) The applicant must state the reason for the applicant's interest in the subject-matter of the search. (3) The Registrar may reject the application if the applicant does not show an adequate reason for wanting the information to which the application 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 applicant and the person to whom the information relates; and (b) the age of the entry; and (c) the contents of the entry; and (d) other relevant factors. 45—Protection of privacy In providing information extracted from the 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. 46—Issue of certificate (1) On completing a search of the Register, the Registrar may issue a certificate— (a) certifying particulars contained in an entry; or (b) certifying that no entry was located in the Register about the relevant registrable event. (1a) If the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is still under the age of 18 years— (a) where the person was born before the commencement of this subsection— (i) may only indicate that the person was born as a result of donor conception (without providing any details of the donor)— (A) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (B) with the written consent of each legal parent or guardian of the person; and (ii) may only indicate that the person was born as a result of donor conception and include any details of the donor— (A) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (B) with the written consent of the donor and each legal parent or guardian of the person; or (b) where the person was born after the commencement of this subsection—must indicate that the person was born as a result of donor conception but may only include any details of the donor— (i) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (ii) with the written consent of the donor and each legal parent or guardian of the person. (1b) If the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is of or over the age of 18 years may, at the request of the person, do any of the following: (a) indicate that the person was born as a result of donor conception; (b) include any details of the donor. (1c) A failure to comply with a requirement of subsection (1a) or (1b) does not affect the admissibility or validity of a birth certificate. (2) A certificate under subsection (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. 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