Births, Deaths and Marriages Registration Regulation 2024
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Births, Deaths and Marriages Registration Regulation 2024
Births, Deaths and
Marriages Registration Regulation 2024
Part 1
Preliminary
1 Short
title
This regulation may be cited as the
Births, Deaths and Marriages
Registration Regulation 2024 .
2 Commencement
This regulation commences on 24 June 2024.
3 Definitions
The dictionary in schedule 3 defines particular words used in this
regulation.
Part 2
Births
4 Particulars
about birth for inclusion in court order— Act , ss 6 and 7
For sections 6(1)(b)(ii)(B) and 7(3)(b)(ii) of the Act , the particulars in schedule 1 , part 1 are prescribed.
5 Particulars
for registering birth in register—Act, s 10
For section 10(1)(b)(i) of the Act , the particulars in schedule 1 , part 1 are prescribed.
Part 3
Change of
name
6 Information
court may consider when approving change of child’s name—Act, ss 30, 44, 45, 55
and 56
(1) In deciding under section 30(b) of the Act whether a proposed change of name
for a child is in the child’s best interests, the matters to which
the Magistrates Court may have regard include the following— (a) the number of previous changes of the
child’s name;
(b) the views of the child’s parents on
the change of name, to the extent the parents’ views are
available;
(c) the views of any person with parental
responsibility for the child on the change of name, to
the extent the person’s views are available;
(d) the child’s views on the change of
name, to the extent the child’s views are
available;
(e) the child’s cultural, ethnic,
indigenous, Aboriginal or Torres Strait Islander
background and whether the change of name is likely to
adversely affect the child’s cultural, ethnic,
indigenous, Aboriginal or Torres Strait Islander
identity;
(f) the child’s preferred name;
(g) whether the proposed change of name is
an affirmation or expression of the child’s sex.
(2) In deciding under section 44(7)(b),
45(10)(b), 55(8)(b) or
56(10)(b) of the Act whether a proposed
change of name for a child is in the child’s best interests, the
matters to which the Childrens Court may have regard include the
matters mentioned in subsection (1).
7 Particulars
for registering change of name in register— Act , s 34
For section 34(1)(b)(i) of the Act , the particulars in schedule 1 , part 2 are prescribed.
8 Noting
change of name other than by registration—Act, s 35
(1) For section 35(7)(b)(i) of the Act, the
following documents are prescribed— (a) a certificate from a registering
authority that evidences the person’s change of
name;
(b) a copy of a deed poll registered in
Queensland or another State that evidences the person’s
change of name;
(c) a court order that approves the
person’s change of name or otherwise evidences a change
of the person’s name.
(2) If a document is a copy, the document must be
certified by a qualified witness as being a true copy of the
original document.
Part 4
Acknowledgement
of sex
9 Information
for assessment— Act , s 37, definition
assessment
For section 37 of the Act , definition
assessment , paragraphs (a)(iii) and (b)(iii), the following
information is prescribed— (a) the developmentally informed
practitioner’s name, address of practice, telephone number
and email address;
(b) details of any professional registration
or membership of the developmentally informed
practitioner;
(c) the dates the developmentally informed
practitioner has seen the child;
(d) information about the developmentally
informed practitioner’s relationship with the child;
(e) a declaration that the contents of the
assessment are true and correct.
10 Types of
persons— Act , s 37, definition
developmentally informed practitioner
(1) For section 37 of the Act , definition
developmentally informed practitioner , the following
types of persons are prescribed— (a) a medical practitioner;
(b) a person registered under the
Health
Practitioner Regulation National
Law
to practise in the psychology
profession, other than as a student;
(c) a person registered under the
Health
Practitioner Regulation National
Law
to practise in the occupational
therapy profession, other than as a student;
(d) a person who is a member of the Speech
Pathology Association of Australia Limited ACN 008 393
440 and who is— (i) a Certified Practising
Speech Pathologist; or
(ii) a Provisional Certified
Practising Speech Pathologist;
(e) a person registered under the
Health
Practitioner Regulation National
Law — (i) to practise in the nursing
profession, other than as a student; and
(ii) in the registered nurses
division of that profession;
(f) a person who is an ordinary member of
the Australian Association of Social Workers Limited ACN
008 576 010, other than a retired ordinary member;
(g) a person who is employed by a school
as a school guidance officer;
(h) a person who is registered on the
Australian Register of Counsellors and Psychotherapists
Pty Ltd ACN 110 047 197;
(i) a person registered under the Health
Practitioner Regulation National Law to
practise in the midwifery profession as a midwife, other
than as a student.
(2) In this section—
school guidance officer
means a person who—
(a) holds full registration under
the
Education
(Queensland College of Teachers) Act
2005 ; and
(b) has— (i) completed a masters course
at a tertiary education institution that includes
studies in guidance, counselling, mental health or
psychoeducational assessment; or
(ii) general or provisional
registration in the Register of Psychologists kept
by the Psychology Board of Australia; or
(iii) completed 4 years of a
psychology program accredited by the Australian
Psychology Accreditation Council.
Part 5
Marriages
11 Particulars
for registering marriage in register— Act , s 85
For section 85(1)(a) of the Act , the particulars in schedule 1 , part 3 are prescribed.
Part 6
Civil
partnerships
12 Particulars
for registering civil partnership in register— Act , s 86
For section 86(2) of the Act , the particulars in schedule 1 , part 4 are prescribed.
Part 7
Deaths
13 Particulars
about death for inclusion in court order— Act , ss 89 and 95
For sections 89(1)(b)(ii)(B) and 95(3)(d) of the Act , the particulars in schedule 1 , part 5 are prescribed.
14 Particulars
for registering death in register— Act , s 93
For section 93(1)(b)(i) of the Act , the particulars in schedule 1 , part 5 are prescribed.
Part 8
Miscellaneous
15 Who may be
given requested information relating to entry closed under section 43 of
the Act —Act, s 111
For section 111(2)(e) of the Act, the following persons are
prescribed— (a) if an administrator has been appointed
under the
Guardianship and
Administration Act 2000 , section 14 for the person—the
administrator;
(b) if a personal representative has been
appointed for the person—the personal representative;
(c) the chief executive (corrective
services);
(d) an officer of, or person acting for, a law
enforcement body;
(e) a person who produces an order of a court
of the Commonwealth or the State, or an order of QCAT,
requiring the registrar to accept an application under
section 110 of the Act.
16 Who may be
given requested information or certificate containing notation of previous
sex—Act,
s 113
For section 113(3)(b)(v) of the Act, the following persons are
prescribed— (a) if an administrator has been appointed
under the
Guardianship and
Administration Act 2000 , section 14 for the subject person—the
administrator;
(b) if a personal representative has been
appointed for the subject person—the personal
representative;
(c) the chief executive (corrective
services);
(d) an officer of, or person acting for, a law
enforcement body;
(e) a person who produces an order of a court
of the Commonwealth or the State, or an order of QCAT,
requiring the registrar to accept an application under
section 110 or 112 of the Act.
17 Provision
about persons prescribed under ss 15 and 16
(1) When applying for requested information or a
certificate, a person mentioned in section 15 (a) or (b) or 16 (a) or (b) must— (a) satisfy the registrar of the person’s
identity; and
(b) produce to the registrar the person’s
instrument of appointment; and
(c) show that the requested information is
required to discharge a function under the person’s
appointment.
(2) When applying for requested information or a
certificate, the chief executive mentioned in section 15 (c) or 16 (c) must— (a) satisfy the registrar of the chief
executive’s identity; and
(b) show that the requested information is
required to discharge— (i) a function of the chief
executive; or
(ii) a duty of the chief
executive under a law.
(3) When applying for requested information or a
certificate, a person mentioned in section 15 (d) or 16 (d) must— (a) satisfy the registrar of the person’s
identity; and
(b) show that the requested information is
required to discharge— (i) a function of the law
enforcement body; or
(ii) the person’s duty as an
officer of the law enforcement body.
Example of
documentary proof of an officer’s identity—
an identity card issued by a law
enforcement body, with a photo of the officer, that states
the officer’s name, rank and registered number
(4) When applying for requested information or a
certificate, a person mentioned in section 15 (e) or 16 (e) must satisfy the registrar of the
person’s identity.
(5) If a court order or an order of QCAT is produced
under section 15 (e) or 16 (e), the registrar must accept the
application.
(6) If a document produced under this section is a
copy, the document must be certified by a qualified witness as being
a true copy of the original document.
18 Fees
(1) The fees payable under the Act are in schedule 2 .
(2) An application fee must accompany an application
to the registrar.
(3) The registrar may waive, wholly or partly, payment
of a fee stated in schedule 2 .
(4) In deciding whether to wholly or partly waive a
fee the registrar may have regard to the following factors— (a) whether the applicant is experiencing
financial hardship;
(b) whether the provision of the service
or thing applied for would improve the applicant’s
circumstances;
(c) whether, in the registrar’s opinion,
waiver of the fee is otherwise desirable in the
circumstances.
(5) The registrar may refund all or part of a fee
paid.
19 Giving
priority
(1) A person may apply to the registrar for the
registrar to give priority to— (a) registering a change of name; or
(b) searching the register or indexes to
the register for an event; or
(c) issuing a certificate.
(2) An application under this section must be
accompanied by the fee prescribed in schedule 2 .
20 Certifying
documents
(1) An application for information under section 110 of the Act may include a request for the
information to be certified.
(2) An application with a request made under subsection (1) must be accompanied
by the fee prescribed in schedule 2 .
21 Historical
information—Act, sch 2, definition
historical
information
For an application, the periods for schedule 2 of the Act , definition
historical information are— (a) for a birth—100 years before the day of
the application; or
(b) for a marriage—75 years before the day of
the application; or
(c) for a civil partnership—75 years before
the day of the application; or
(d) for a death—30 years before the day of the
application.
22 Prohibited
name—Act,
sch 2,
definition
prohibited name
For schedule 2 of the Act , definition
prohibited name , paragraph (f), a name that is,
includes, or is part of, a political slogan is a prohibited name.
Part 9
Transitional
provision
23 Continued
application of repealed regulation
(1) This section applies to an application to which,
under section 137 of the Act , the repealed
Births, Deaths and Marriages
Registration Act 2003
continues to
apply.
(2) The
Births, Deaths and Marriages
Registration Regulation 2015
as in force
before the repeal of the
Births, Deaths and Marriages
Registration Act 2003
continues to apply to
the application.
Schedule 1
Prescribed
particulars
sections 4 , 5 ,
7 , 11 ,
12 , 13
and 14
Part 1
Births
1
The child’s—
(a) full name; and
(b) date of birth; and
(c) place of birth; and
(d) sex.
2
If the birth is a multiple
birth—the child’s order in the birth.
3
If a person is registered as a
parent, father or mother, of the child, the
person’s—
(a) full name (including surname
at birth); and
(b) place of birth; and
(c) age at the date of the
birth; and
(d) occupation at the date of
the birth.
4
If the child’s parents are married
to each other—the date and place of the
marriage.
5
If the child’s parents are in a
civil partnership with each other—
(a) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(a)—the date
and place the civil partnership was registered;
or
(b) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(b)—
(i) the date, under the
Civil
Partnerships Act 2011 , section 13(2), on which
the civil partnership had effect; and
(ii) the place the parents made
the declaration of civil partnership; or
(c) for a civil partnership
taken to be registered as a civil partnership
under the
Civil
Partnerships Act 2011 , section 33—the date and place the
civil partnership was entered into under the
relevant corresponding law.
6
If the child’s parents are in a de
facto relationship with each other—that fact.
7
For any other children of the
parents’ relationship—
(a) for each other child living
at the date of the birth, other than a child born
of the same pregnancy—
(i) the other child’s name;
and
(ii) the other child’s age;
and
(b) for each other child who
predeceased the child, other than a child born of
the same pregnancy—
(i) the other child’s name;
and
(ii) a statement to the effect
that the other child predeceased the child.
8
For any other children of either
of the parents—
(a) for each other child living
at the date of the birth—
(i) the other child’s name;
and
(ii) the other child’s age;
and
(b) for each other child who
predeceased the child—
(i) the other child’s name;
and
(ii) a statement to the effect
that the other child predeceased the child.
Example for item 8— a child who is an older
half-sibling of the child
9
Each applicant’s—
(a) full name; and
(b) residential address;
and
(c) relationship to the
child.
Part 2
Change of
name
The person’s—
(a) surname as registered at
birth or adoption; and
(b) name proposed to be
registered; and
(c) former name, if any;
and
(d) date of birth; and
(e) place of birth; and
(f) reason for the application
to register the change of name.
Part 3
Marriages
1
Each party’s—
(a) full name; and
(b) age; and
(c) place of birth; and
(d) occupation; and
(e) marital status before
entering into the marriage; and
(f) usual residential address;
and
(g) parents’ full names and full
birth names.
2
The date and place of the
marriage.
3
The rites under which the marriage
was solemnised.
4
The authorised celebrant’s full
name and authorisation number.
5
The names of the witnesses to the
marriage.
Part 4
Civil
partnerships
1
Each party’s—
(a) full name; and
(b) date of birth; and
(c) place of birth; and
(d) relationship status before
entering into the civil partnership; and
(e) usual residential address;
and
(f) parents’ full names.
2
For a civil partnership entered
into under the
Civil
Partnerships Act 2011 , section 6 (b)—
(a) the date on which, under the
Civil
Partnerships Act 2011 , section 13 (2), the civil partnership
had effect; and
(b) the place the parties made
the declaration of civil partnership; and
(c) the full name and
registration number of the civil partnership
notary before whom the parties made the
declaration.
Part 5
Deaths
1
The deceased person’s—
(a) full name at the date of
death; and
(b) place of birth, if known;
and
(c) date of death; and
(d) place of death; and
(e) age at the date of death;
and
(f) sex at the date of death;
and
(g) occupation; and
(h) relationship status at the
date of death; and
(i) parents’ full names,
surnames at birth, and occupations.
2
If the deceased person was ever
married—
(a) the full name of each person
to whom the deceased person was married; and
(b) the deceased person’s age at
the date of each marriage; and
(c) the place of each
marriage.
3
If the deceased person was ever in
a civil partnership—
(a) the full name of each civil
partner; and
(b) the deceased person’s age
at—
(i) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(a)—the date
the civil partnership was registered; or
(ii) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(b)—the date,
under the
Civil
Partnerships Act 2011 , section 13(2), on which
the civil partnership had effect; or
(iii) for a relationship taken to
be registered as a civil partnership under the
Civil
Partnerships Act 2011 , section 33—the date the civil
partnership was entered into under the relevant
corresponding law; and
(c) the place—
(i) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(a)—the civil
partnership was registered; or
(ii) for a civil partnership
entered into under the
Civil
Partnerships Act 2011 , section 6(b)—the
deceased person made the declaration of civil
partnership; or
(iii) for a relationship taken to
be registered as a civil partnership under the
Civil
Partnerships Act 2011 , section 33—the civil partnership
was entered into under the relevant corresponding
law.
4
If the deceased person was ever in
a de facto relationship—the full name of each de
facto partner.
5
If the deceased person was born
outside Australia—the year the person first arrived
in Australia.
6
If the deceased person had
children—
(a) for each child living at the
date of the person’s death, the child’s—
(i) name; and
(ii) age; and
(b) for a child who predeceased
the deceased person—
(i) the child’s name; and
(ii) a statement to the effect
that the child predeceased the deceased
person.
7
The deceased person’s cause of
death.
8
The duration of the deceased
person’s last illness, if applicable.
9
The first initial and surname of
the certifying doctor for the deceased person.
10
The first initial and surname of
the person certifying the burial or cremation of the
deceased person.
11
The first initial and surname of
any Minister of religion or other person officiating
at the burial or cremation of the deceased
person.
12
If a Minister of religion
officiates at the burial or cremation of the
deceased person—the religion of the Minister.
13
The date, place and final disposal
of the deceased person’s body.
14
Each applicant’s—
(a) full name; and
(b) residential address;
and
(c) relationship to the deceased
person.
Schedule 2
Fees
sections 18 , 19
and 20
Fee units
1
Application
under section 15 of the
Act to register a change of a
child’s first name
23.10
2
Application to—
(a) register a parentage order under section 18(3)(b)(i) of the Act
119.00
(b) register a parentage discharge order under
section 20(3)(c)(i) of the Act
119.00
3
Application
under section 26 or 29 of the Act to register a change of
name
194.20
4
Application under section 35 of the Act to note a change of
name
40.05
5
Application under section 36 of the Act to re-register a relevant
event
76.60
6
Application under section 39 or 40 of the Act to alter a record of
sex
119.00
7
Application under section 50 or 51 of the Act for a recognised details
certificate
119.00
8
Application
under section 107(2)(a) of the Act to correct a
register
20.65
9
Application
under section 110(1) of the Act for requested information
by searching the register or indexes to the register for
an event—for each event under 1 name, for each 5-year
period or part of a 5-year period searched
25.55
10
Application under section 110(1) of the Act for a copy of requested
information that is a source document
57.05
11
Application under section 112 of the Act for a certificate
51.30
12
Application to give priority to—
(a) registering a change of name under section 19 (1)(a)
102.00 (in addition to any other fee)
(b) searching the register or indexes to the register
for an event under section 19 (1)(b)
30.40 (in addition to any other fee)
(c) issuing a certificate under section 19 (1)(c)
30.40 (in addition to any other fee)
13
Application under section 20 for a request
to certify information
59.50
Schedule 3
Dictionary
section 3
authorisation number , of an authorised celebrant, means
the number assigned to the celebrant by the Commonwealth or a
State.
authorised celebrant
see the
Marriage Act 1961 (Cwlth) ,
section 5(1),
definition
authorised celebrant , paragraph (a).
certifying doctor
means the doctor who completes a cause
of death certificate or autopsy certificate or notice.
doctor
includes a person registered as a medical
practitioner under a law of another country corresponding to the
Health Practitioner Regulation
National Law .
qualified witness
means—
(a) a barrister, solicitor or notary public;
or
(b) a commissioner for declarations; or
(c) a justice of the peace.
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