Contents (1995 - 62)
Births, Deaths and Marriages Registration Act 1995 No 62
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, orthe birth may be registered under this Act.(b) on a ship during a voyage to a port in the State,(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.
(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.