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Contents (1995 - 62)
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Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 29 June 2017 at 05:23)
Part 3
Part 3 Registration of births
Division 1 Notification of births
12   Notification of births
(1)  When a child is born in the State, the responsible person must give notice of the birth to the Registrar in a form and manner required by the Registrar, specifying the particulars required by the regulations.
Maximum penalty: 5 penalty units.
(2)  The notice must be given:
(a)  in the case of a child born alive—within 7 days after birth, or
(b)  in the case of a stillbirth—within 48 hours after stillbirth.
(3)  When notice of a stillbirth is given, the responsible person must also give the Registrar, in a form and manner required by the Registrar:
(a)  a doctor’s certificate certifying the cause of foetal death, or
(b)  if a doctor is of the opinion that it is impracticable or undesirable to certify the cause of foetal death at the time the notice referred to in subsection (2) (b) is given, a notice signed by a doctor stating the doctor’s intention to complete such a certificate.
(4)  The certificate or notice referred to in subsection (3) must be completed by the doctor responsible for the professional care of the birth mother at the birth or a doctor who examined the body of the stillborn child after the stillbirth.
(5)  In this section:
responsible person means:
(a)  in the case of a child born in a hospital or brought to a hospital within 24 hours after birth—the chief executive officer of the hospital, or
(b)  if the child was not born in a hospital or brought to a hospital within 24 hours after birth, and a doctor or midwife was responsible for the professional care of the birth mother at the birth—that doctor or midwife.
Division 2 Registration of births
13   Cases in which registration of birth is required or authorised
(1)  If a child is born in the State, the birth must be registered under this Act.
(2)  If a court1 orders the registration of a birth, the birth must be registered under this Act.
Note.
 1The power to order registration of birth may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 19).
(3)  If a child is born:
(a)  in an aircraft during a flight to an airport in the State, or
(b)  on a ship during a voyage to a port in the State,
the birth may be registered under this Act.
(4)  If a child is born outside the Commonwealth, but the child is to become (or in the case of a stillbirth, was to become) a resident of the State, the birth may be registered under this Act.
(5)  However, the birth of a child born outside the State is not to be registered under this Act if the birth is registered under a corresponding law.
14   How to have the birth of a child registered
A person has the birth of a child registered under this Act by giving notice of the birth to the Registrar (the birth registration statement) in a form and manner required by the Registrar, specifying the particulars required by the regulations.
15   Responsibility to have birth registered
(1)  The parents of a child are jointly responsible for having the child’s birth registered under this Act (and must both sign the birth registration statement) but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is not practicable to obtain the signatures of both parents on the birth registration statement.
(2)  If a child is a foundling, the person who has custody of the child is responsible for having the child’s birth registered.
(3)  The Registrar may accept a birth registration statement from a person who is not responsible for having the child’s birth registered if satisfied that:
(a)  the person lodging the statement has knowledge of the relevant facts, and
(b)  the child’s parents are unable or unlikely to lodge a birth registration statement.
16   Obligation to have birth registered
(1)  A person responsible for having the birth of a child registered must have the birth registered (as provided by section 14) within 60 days after the date of the birth.
Maximum penalty: 10 penalty units.
(2)  However, the Registrar must accept a birth registration statement given for the purposes of having a birth registered even though it is given after the end of the 60 day period.
17   Registration
(1)  The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by the regulations.
(2)  However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars.
18   Registration of parentage details
The Registrar must not include registrable information about the identity of a child’s parent in the Register unless:
(a)  both parents of the child make a joint application for the inclusion of the information, or
(b)  one parent of the child makes an application for the inclusion of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason, or
(c)  one parent of the child makes an application for the inclusion of the information and the Registrar is satisfied that the other parent does not dispute the correctness of that information, or
(d)  a court orders the inclusion of the information in the Register, or
(e)  a court makes a finding that a particular person is a parent of the child, or
(f)  the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child’s parent, or
(g)  the regulations authorise the Registrar to include the information.
Division 3 Court powers
19   Orders for registration of birth or inclusion of registrable information
(1)  The District Court may, on application by an interested person or on its own initiative, order:
(a)  the registration of a birth, or
(b)  the inclusion of registrable information about a birth or a child’s parents (including details of the marriage of a child’s parents) in the Register.
(1A)  Such an order may only be made in respect of a birth:
(a)  in the case of an order under subsection (1) (a), if the birth occurred in the State, in an aircraft during a flight to an airport in the State or on a ship during a voyage to a port in the State, and
(b)  in the case of an order under subsection (1) (b), if the birth has been registered under this Act.
(2)  If any court (including any court of another State or the Commonwealth) makes a finding about a birth or a child’s parents, the court may order registration of the birth or inclusion of registrable information about the birth or the parents in the Register.
Division 4 Alteration of details of birth registration
20   Alteration of details after birth registration
(1)  An application to the Registrar for the addition of registrable information in a person’s birth registration:
(a)  must be made in writing, and
(b)  must include the information required by the Registrar, and
(c)  must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and any other evidence that the Registrar may require.
(2)  This section is subject to section 18.
(3)  In this section, registrable information does not include information relating to a person’s change of sex.
Division 5 Child’s name
21   Name of child
(1)  The birth registration statement must state the name of the child.
(2)  However, the Registrar may assign a name to the child if:
(a)  the name stated in the birth registration statement is a prohibited name, or
(b)  the birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child’s name.
22   Dispute about child’s name
(1)  If there is a dispute between parents about a child’s name, either parent may apply to the District Court for a resolution of the dispute.
(2)  On an application under subsection (1), the District Court may:
(a)  resolve the dispute about the child’s name as the Court considers appropriate, and
(b)  order the Registrar to register the child’s name in a form specified in the order.
(3)  If any court (including any court of another State or the Commonwealth) resolves a dispute about a child’s name, the court may order the Registrar to register the child’s name in a form specified in the order.
Division 6 Donor conception information
22A   Child conceived using a donated gamete
(1)  A birth registration statement for a child may include a declaration that the child was conceived using a donated gamete and in such a case the Registrar must note in the Register that the statement included that declaration.
(2)  The Registrar must, when issuing a birth certificate to a person who is 18 years of age or more and to whom a declaration under subsection (1) relates, attach an addendum to the birth certificate noting that declaration and stating that further information may be available from the central register established under the Assisted Reproductive Technology Act 2007.
(3)  A birth certificate for a person must not include any information that indicates that the person may be a person who was conceived using a donated gamete.