.ARTHUR ROBINSON & HEDDERWlC1<S LIBRARY Births, Deaths and Marriages RegIstratIon BIll EXPLANATORY MEMORANDUM _, PART 1-PRELIMINARY Clause 1 Clause 2 Clause 3 Clause 4 sets out the purpose of the Act. 'sets out the commencement of the Act. sets out the objects of the Act. contains the defmitions relevant to the Act. PART 2-ADMINISTRATION Division 1-The Registrar Clause 5 provides for the appointment of the Registrar of Births, Deaths and Marriages., Clause 6 sets down the general functions of the Registrar. Clause 7 Clause 8 provides for the appointment of the Registrar's staff. provides for the delegation of the Registrar's powers to his or her staff. Division 2-Execution of documents Clause 9 states that the Registrar has a seal. Clause 10 sets down the requirements for certification of documents by the Registrar which is to be given judicial notice by the courts. Division 3-Reciprocal administrative arrangements Clause 11 provides for reciprocal administrative arrangements in the administration of the registration of births, deaths, changes of name and marriages under corresponding laws. 531064B.Il 1 BILL LA CIRCULATION 18/10/96
PART 3-REGISTRA TION OF BIRTHS Division I-Notification of Births Clause 12 sets down the procedure for notification to the Registrar of births by certain persons ("responsible persons"). A responsible person may be subject to a penalty if he or she fails to notify the Registrar. Division 2-Registration of births Clause 13 sets down cases in which registration of birth is required or authorised based on where the child is born or whether the child is to become a resident of the State and this is known at the time of the birth. Clause 14 sets down the requirements of how to have the birth of a child registered. Clause 15 sets down who has responsibility for having the birth registered. It states that the parents of the child are jointly responsible for the registration of the birth and both must sign the birth registration statement if practicable. Clause 16 provides for the registration of information about the identity of a child's parent details in certain circumstances. Clause 17 allows an application to the Registrar by any person to have additional registrable information about a person's birth registration included in the Register in certain circumstances. Clause 18 provides that the person responsible for having a birth registered must lodge a birth registration statement with the Registrar within 60 days after the birth. Clause 19 states that the Registrar registers a birth by making an entry about the birth in the Register. Division 3-Court orders for registration of birth Clause 20 provides that a court may order registration of a birth on application by an interested person or on its own initiative. Division 4-Perinatal Death Clause 21 enables the Registrar to forward medical certificates in his or her possession to the Commonwealth Statistician or the Secretary for the Department of Human Services. 2
Division 5-Cbild's name Clause 22 provides that the birth registration statement must contain the name of the child. The Registrar may assign a name if the name stated on the birth registration statement is a prohibited name or if there is a dispute as to the child's name. Clause 23 provides that where there is a dispute about the child's name a parent may apply to the Court for resolution of the dispute. PART~HANGEOFNAME Clause 24 provides for change of name by registration. Clause 25 provides for application to register a change of an adult's name. Clause 26 provides for application to register a change of a child's name. Clause 27 requires the child's consent to a change of name in certain circumstances if the child is 12 years old or more before the change of name will be registered. Clause 28 sets out Registrar's discretion in registering a change of name. The Registrar may require evidence as to the age, identity and the purpose of name change before registering the change of name. Clause 29 sets out how the Registrar registers a change of name and obligations of notification of the change of name. Clause 30 provides that change of name may still be established by repute or usage despite anything in this Part. PART 5-REGISTRATION OF MARRIAGES Clause 31 sets down cases in which registration of marriage is required. Clause 32 sets down requirements of how to have a marriage registered. Clause 33 sets down how the marriage may be registered in the Register. PART 6--REGISTRATION OF DEATHS Division I-Cases where registration of death is required or authorised Clause 34 sets down cases where registration of death is required or authorised. This is generally based on where the person died. However, it also allows for registration of a death which occurs during an aircraft flight or on a vessel 3
during a voyage, to a point of disembarkation in the State. It also allows for registration of a death of a person outside the Commonwealth when that person is ordinarily domiciled within the State or has left property in the State. 1JI Clause 35 sets down the courts' power to direct registration of a death on application by an interested person or on its own initiative. Clause 36 sets down circumstances in which the Registrar must not register a death unless certain information has been received. Division 2-Notitication of deaths Clause 37 sets down the responsibility of doctors in relation to the notification of deaths. Clause 38 provides for notification to the Registrar of cause of death by the coroner. Clause 39 provides for notification to the Registrar of disposal of human remains by a funeral director. Division 3-Registration of death Clause 40 states that the Registrar is to register a death by making an entry about the death in the Register. PART 7-THE REGISTER Division I-Keeping the register Clause 41 provides for the form, function and maintenance of the Register of registrable events. Division 2-Registrar's power of inquiry Clause 42 sets down the Registrar's powers of inquiry in relation to events. Division 3-Correction and Amendment of the Register Clause 43 sets down when the Registrar mayor must make a correction of or amendment to the Register. The Registrar may correct the Register to reflect a Division 2 inquiry finding or to make the Register comply with the most reliable information available. The Registrar must correct the Register if required to do so by a court. Subject to section 16, the Registrar may add registrable information to an entry. 4
On payment of a fee, a person may apply to the Registrar for additional registrable information to be included in an entry. This clause also allows for the correction of an original birth entry of an adopted person. Division 4-Access to and certification of register entries Clause 44 Requires the Registrar to protect, as far as practicable, the privacy of persons to whom the entries in the Register relate when providing information extracted from the Register. Clause 45 the Registrar may search the Register upon application accompanied by the prescribed fee. The Registrar is required to reject the application if the applicant does not have an adequate reason for wanting the information, having regard to the connection between the applicant and the subject of the entry, the age of the entry, the contents of the entry and any other relevant factors. Clause 46 provides for the issue by the Registrar of a certificate upon completion of a search of the Register and upon payment of the prescribed fee by the applicant. Clause 47 states that the Registrar must maintain a publicly available policy on access to the Register. This policy is to state why access to the information in the Register is to be given or denied under Division 4. Clause 48 states who may be granted access to the Register and the Registrar's discretion to grant access to the Register. The Registrar is required to reject the application if the applicant does not have an adequate reason for wanting the information, having regard to the connection between the applicant and the subject of the entry, the age of the entry, the contents of the entry and any other relevant factors. Clause 49 enables the Registrar to remit whole or part of a fee payable under the Act. Division S-Additional infonnation and services Clause 50 allows the Registrar to collect other information other than registrable information and keep separate records of that information. Clause 51 allows the Registrar to provide additional services in relation to the information in the Register and other information. 5
PART 8-GENERAL POWER OF REVIEW Clause 52 provides for application for review of a decision of the Registrar to the Administrative Appeals Tribunal. PART 9-MISCELLANEOUS Clause 53 it is an offence to knowingly make a false or misleading representation in an application or document under the Act. Clause 54 it is an offence to access or interfere with the Register without proper authority. Clause 55 it is an offence to forge or falsify the Registrar's signature or a document under the Act. The Registrar has the power to impound such documents. Clause 56 the Registrar must provide a report of the number of registrable events registered during the financial year to the Minister. Clause 57 provides that records relating to the period before 18 January 1853 must be kept by the Registrar as a permanent record. Clause 58 gives the Registrar the power to require and to take statutory declarations for the purposes of the Act. Clause 59 gives the Governor in Council power to make certain regulations pursuant to the Act. PART to-repeals, TRANSITIONAL PROVISIONS AND AMENDMENTS TO OTHER ACTS Clause 60 repeals the Registration of Births Deaths and Marriages Act 1959. Clause 61 revokes the Births Deaths and Marriages (Prescribed Forms and Procedures) Regulations 1986. Clause 62 preserves the registers maintained under the Registration of Births Deaths and Marriages Act 1959 which become part of the Register under this Act. Clause 63 provides for the construction of superseded references in the Registration of Births Deaths and Marriages Act 1959. Clause 64 preserves the appointment of the Registrar of Births, Deaths, Marriages and Names. 6
Clause 65 provides for minor consequential amendments to Acts set out in the Schedule. SCHEDULE Sets out the consequential amendments to various Acts. 7