Births, Deaths and Marriages Registration Regulations 1997

i Births, Deaths and Marriages Registration Regulations 1997 S.R. No. 100/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Revocation 2 5. Definitions 2 6. Fees 2 7. Particulars to be included in birth registration statement 2 8. Particulars to be specified by doctors in death notices 3 9. Particulars to be included in notification by funeral director, etc. 4 __________________ SCHEDULES 7 SCHEDULE 1—Revocations 7 SCHEDULE 2—Fees 8 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1997 S.R. No. 100/1997 Births, Deaths and Marriages Registration Act 1996 Births, Deaths and Marriages Registration Regulations 1997 The Governor in Council makes the following Regulations: Dated: 30 September 1997 Responsible Minister: JAN WADE Attorney-General CON CHARA Acting Clerk of the Executive Council 1. Objectives The objective of these Regulations is to prescribe for the purposes of the Births, Deaths and Marriages Registration Act 1996— (a) fees; (b) particulars which are to be included in birth and death registration statements and notices given to the Registrar or the funeral director or other person who will be arranging for the disposal of human remains; (c) other matters required to be prescribed for the purposes of the Act. 2. Authorising provisions These Regulations are made under sections 14, 25(2), 26(2), 37, 39, 43(6), 45(2), 46(1), 57(3) and 59 of the Act. -- 2 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 2 3. Commencement These Regulations come into operation on 2 October 1997. 4. Revocation The Regulations listed in Schedule 1 are revoked1 . 5. Definitions In these Regulations— "of Aboriginal or Torres Strait Islander origin" means, in relation to a person, that a person identifies himself or herself as being of Aboriginal or Torres Strait Islander origin and is accepted as being such by the community with which he or she is associated; "the Act" means the Births, Deaths and Marriages Registration Act 1996. 6. Fees For the purposes of the Act, the fees are those set out in Schedule 2. 7. Particulars to be included in birth registration statement A birth registration statement to be lodged with the Registrar under section 14 of the Act must include the following particulars— (a) whether the child was born alive or stillborn; (b) the child's name; (c) the child's sex; (d) the date and place of the birth; (e) whether or not the birth was a multiple birth; r. 3 -- 3 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 3 (f) the full name and address of the doctor or midwife responsible for the professional care of the mother at the birth; (g) the full name, maiden family name, occupation and usual place of residence of the mother of the child; (h) the date of birth (or age) and place of birth of the mother of the child; (i) the full name, occupation and usual place of residence of the father of the child; (j) the date of birth (or age) and place of birth of the father of the child; (k) the date and place of marriage of the parents of the child (if applicable); (l) the given name and date of birth of each previous child of both parents of the child; (m) whether or not the mother or father of the child is of Aboriginal or Torres Strait Islander origin. 8. Particulars to be specified by doctors in death notices (1) A notice of the death of a person required to be given to the Registrar under section 37(1) of the Act must specify the following particulars— (a) the deceased's name; (b) the deceased's date of birth (or age at his or her last birthday); (c) the cause of death; (d) the date and place of the death; (e) whether or not the deceased was of Aboriginal or Torres Strait Islander origin; (f) the name and address of the doctor; r. 8 -- 4 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 4 (g) whether the death was reported to a coroner. (2) A notice of the death of a person required to be given under section 37(2) of the Act to the funeral director or other person arranging for disposal of the remains must specify the following particulars— (a) the deceased's name; (b) the date and place of the death; (c) the name and address of the doctor. 9. Particulars to be included in notification by funeral director, etc. (1) For the purposes of section 39(1) of the Act, the following particulars must be specified in the notice of disposal of remains— (a) the deceased's name; (b) the date and place of death of the deceased; (c) the sex, date of birth (or age at death) and place of birth of the deceased; (d) the usual occupation of the deceased before death and whether the deceased was retired or a pensioner at the age of death; (e) the date, place and manner of disposal of the remains of the deceased; (f) the full name and address of the funeral director or other person who arranged for the disposal of the remains; (g) whether or not the deceased was of Aboriginal or Torres Strait Islander origin; (h) if the deceased was born outside Australia, the total period of residence in Australia of the deceased to the date of death; r. 9 -- 5 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 5 (i) the marital status of the deceased immediately before death; (j) for each marriage of the deceased, the date of marriage (or age of the deceased at the date of marriage), the place of marriage and the full name (including maiden family name) of each spouse; (k) the name and date of birth (or age) of each child of the deceased (including deceased children); (l) the full name, maiden family name and occupation of the mother of the deceased; (m) the full name and occupation of the father of the deceased; (n) the name and address of the doctor who gave the notice under section 37(2) of the Act that the death had occurred or the coroner who authorised the disposal of the remains of the deceased; (o) the last usual residence of the deceased. (2) For the purposes of section 39(2) of the Act, the following particulars must be specified in the notice given by the person who has custody of human remains that have not been disposed of within 30 days after the date of death— (a) the deceased's name; (b) the date and place of death of the deceased; (c) the sex, date of birth (or age at death) and place of birth of the deceased; (d) the usual occupation of the deceased before death and whether the deceased was retired or a pensioner at the age of death; r. 9 -- 6 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 6 (e) the full name and address of the funeral director or other person who has custody of the remains of the deceased and the reason for non-disposal of the remains; (f) the name and address of the doctor who gave the notice that the death had occurred under section 37(2) of the Act, or the coroner notified of the death; (g) whether or not the deceased was of Aboriginal or Torres Strait Islander origin; (h) if the deceased was born outside Australia, the total period of residence in Australia of the deceased to the date of death; (i) the marital status of the deceased immediately before death; (j) for each marriage of the deceased, the date of marriage (or age of the deceased at the date of marriage), the place of marriage and the full name (including maiden family name) of each spouse; (k) the name and date of birth (or age) of each child of the deceased (including deceased children); (l) the full name, maiden family name and occupation of the mother of the deceased; (m) the full name and occupation of the father of the deceased; (n) the last usual residence of the deceased. __________________ r. 9 -- 7 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 7 SCHEDULES SCHEDULE 1 REVOCATIONS S.R. No. Title of Statutory Rule 312/1987 Births Deaths and Marriages (Prescribed Forms and Procedures) (Amendment) Regulations 1987 17/1989 Births Deaths and Marriages (Prescribed Forms and Procedures) (Amendment) Regulations 1989 139/1989 Births Deaths and Marriages (Prescribed Forms and Procedures) (Further Amendment) Regulations 1989 232/1992 Births Deaths and Marriages (Prescribed Forms and Procedures) (Amendment) Regulations 1992 68/1993 Births Deaths and Marriages (Prescribed Forms and Procedures) (Amendment) Regulations 1993 156/1993 Births Deaths and Marriages (Prescribed Fees) Regulations 1993 67/1995 Births Deaths and Marriages (Prescribed Forms and Procedures) (Amendment) Regulations 1995 Sch. 1 -- 8 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 8 SCHEDULE 2 Regulation 6 FEES Item Sections of the Act Description of fee Amount 1 25(2) & 26(2) Application to register change name (adult or child) $40.00 2 43(6) Application to add registrable information to an entry $40.00 3 45(2) Application for search of the Register $8.50 4 46(1) Application for issue of a certificate certifying the results of a search of the Register $8.50 5 57(3) Inspection of and, on request, supply of a certified copy of an entry in a register, book of entries or register book in the possession of another person which has not been forwarded to the Registrar under section 31 of the Marriage Act 1898, relating to the period before 18 January 1853. $17.00 ═══════════════ Sch. 2 -- 9 of 10 -- S.R. No. 100/1997 Births, Deaths and Marriages Registration Regulations 1997 9 NOTES 1 S.R. No. 273/1986. Reprinted to S.R. No. 67/1995, the Births Deaths and Marriages (Prescribed Forms and Procedures) Regulations 1986, is revoked by section 61 of the Births, Deaths and Marriages Registration Act 1996. Notes -- 10 of 10 --