births, deaths and marriages registration regulations 2008file/08-114sr005.docx · web viewocpc...

Version No. 005

Births, Deaths and Marriages Registration Regulations 2008

S.R. No. 114/2008

Version incorporating amendments as at1 July 2016

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 16 Fees 47 Particulars to be included in birth registration statement 48 Particulars to be specified by doctors in death notices 59 Particulars to be included in notification by funeral director etc. 7

Schedules 12

Schedule 1—Revocations 12

Schedule 2—Fees 13

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Endnotes 14

1 General information 14

2 Table of Amendments 16

3 Amendments Not in Operation 17

4 Explanatory details 18

1

Version No. 005

Births, Deaths and Marriages Registration Regulations 2008

S.R. No. 114/2008

Version incorporating amendments as at1 July 2016

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Births, Deaths and Marriages Registration Act 1996—

(a) fees; and

(b) particulars which are to be included in birth registration statements, notices of death and notices in relation to disposal of human remains.

2 Authorising provision

These Regulations are made under section 59 of the Births, Deaths and Marriages Registration Act 1996.

3 Commencement

These Regulations come into operation on 28 September 2008.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

domestic relationship means—

(a) a registered domestic relationship; or

1

Reg. 5 def. of domestic relationship inserted by S.R. No. 59/2016 reg. 4(a).

(b) the relationship between 2 adult persons who are not married to each other but are a couple where one or each of the persons in the relationship provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether they are living under the same roof, but does not include a relationship in which a person provides domestic support and personal care to the other person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

donor treatment procedure has the same meaning as in section 17B(4) of the Act;

of Aboriginal or Torres Strait Islander origin means a person who—

(a) is descended from an Aborigine or Torres Strait Islander; and

(b) identifies as an Aborigine or Torres Strait Islander; and

(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

2

Reg. 5 def. of donor treatment procedure inserted by S.R. No. 133/2009 reg. 9.

registered ART provider has the same meaning as in section 3 of the Assisted Reproductive Treatment Act 2008;

registered domestic relationship means a registered domestic relationship within the meaning of the Relationships Act 2008;

* * * * *

relationship partner of a person means—

(a) a person's spouse; or

(b) a person with whom the person is in a domestic relationship;

relationship status means a person's status of being—

(a) single; or

(b) married; or

(c) in a domestic relationship; or

(d) divorced; or

(e) widowed;

the Act means the Births, Deaths and Marriages Registration Act 1996.

3

Reg. 5 def. of registered ART provider inserted by S.R. No. 133/2009 reg. 9.

Reg. 5 def. of registered domestic relationship inserted by S.R. No. 59/2016 reg. 4(a).

Reg. 5 def. of registered relationship inserted by S.R. No. 133/2009 reg. 5, revoked by S.R. No. 59/2016 reg. 4(b).

Reg. 5 def. of relationship partner inserted by S.R. No. 59/2016 reg. 4(a).

Reg. 5 def. of relationship status inserted by S.R. No. 59/2016 reg. 4(a).

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 birth;

(e) whether or not the birth was a multiple birth;

(f) the full name and address of the doctor or midwife responsible for the professional care of the mother at the birth;

(g) whether the child was conceived by a donor treatment procedure;

(h) the name and address of the registered ART provider or doctor who carried out the donor treatment procedure;

(i) the full name, birth name, occupation and usual place of residence of the parents of the child;

(j) the date of birth (or age) and place of birth of the parents of the child;

(k) the date and place of marriage of the parents of the child (if applicable);

(l) the date and place of the registration of the registered domestic relationship of the parents of the child (if applicable);

4

Reg. 7 amended by S.R. No. 133/2009 reg. 6, substituted by S.R. No. 133/2009 reg. 10.

Reg. 7(l) amended by S.R. No. 59/2016 reg. 5.

(m) the given name and date of birth of each previous child of both parents of the child;

(n) whether or not a parent 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 full name;

(b) the deceased's date of birth (or age at the deceased's 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 full name and address of the doctor;

(g) the doctor's Australian Health Practitioner Regulation Agency registration number;

(h) whether the death was reported to a coroner;

(i) the full name and address of the deceased's next of kin, if known;

(j) the full name and address of the funeral director or other person arranging for the disposal of the human remains.

5

Reg. 8(1)(b) amended by S.R. No. 59/2016 reg. 6(1).

Reg. 8(1)(g) amended by S.R. No. 59/2016 reg. 6(2).

(2) The prescribed particulars for a notice of death for a child required to be given to the Registrar under section 37(1) of the Act also include—

(a) details of the following in relation to any living or deceased sibling of the deceased child—

(i) full name;

(ii) date of birth or age;

(iii) place of birth;

(b) the full name, address and date of birth of the parents (within the meaning of the Coroners Act 2008) of the deceased child;

(c) confirmation that the doctor has not notified the death—

(i) as a reportable death within the meaning of the Coroners Act 2008 to a coroner or a police officer in accordance with section 10, 11 or 12 of that Act; or

(ii) as a reviewable death within the meaning of the Coroners Act 2008 to the State Coroner in accordance with section 13 of that Act.

(3) 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 the disposal of the human remains must specify the following particulars—

(a) the deceased's name;

(b) the date and place of the death;

(c) the full name and address of the doctor;

6


Reg. 8(2)(c) substituted by S.R. No. 133/2009 reg. 7(2).

(d) the doctor's Australian Health Practitioner Regulation Agency registration number;

(e) whether or not the deceased had a cardiac pacemaker or other battery-powered device, if known.

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 human remains—


(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 human 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;

(i) the relationship status of the deceased at the time of death;

7

Reg. 8(3)(d) amended by S.R. No. 59/2016 reg. 6(2).

Reg. 9(1)(i) substituted by S.R. No. 59/2016 reg. 7(1)(a).

(ia) in relation to each relationship partner of the deceased at the time of death—

(i) the person's given name(s), family name and sex; and

(ii) if applicable, the year of marriage or registered domestic relationship (or age of the deceased at the year of marriage or registered domestic relationship) and the place of marriage or registered domestic relationship;

(j) in relation to each previous relationship partner of the deceased—

(i) if known, the person's given name(s), family name and sex; and


(k) the name and date of birth (or age) of each child of the deceased (including deceased children);

(l) the full names, birth names and occupations of the parents of the deceased;

* * * * *

(n) the last usual residence of the deceased;

8

Reg. 9(1)(ia) inserted by S.R. No. 133/2009 reg. 8(1), substituted by S.R. No. 59/2016 reg. 7(1)(b).

Reg. 9(1)(j) substituted by S.R. No. 59/2016 reg. 7(1)(c).

Reg. 9(1)(l) substituted by S.R. No. 133/2009 reg. 11(1).

Reg. 9(1)(m) revoked by S.R. No. 133/2009 reg. 11(2).

(o) the full name and address of—

(i) the doctor who gave notice under section 37(2) of the Act that the death has occurred and the doctor's Australian Health Practitioner Regulation Agency registration number; or

(ii) the coroner who ordered the release of the body of the deceased.

(2) The prescribed particulars for a notice of disposal of the remains of a deceased child required to be given to the Registrar under section 39(1) of the Act also include—

(a) details of the following in relation to any living or deceased sibling of the deceased child—

(i) full name;

(ii) date of birth or age;

(iii) place of birth;

(b) the full name, address and date of birth of the parents (within the meaning of the Coroners Act 2008) of the deceased child.

(3) For the purposes of section 39(2) of the Act, the following particulars must be specified in the notice given by the funeral director or other person who has custody of human remains that have not been disposed of within 30 days after the date of death—


(b) the date and place of death of the deceased;

9

Reg. 9(1)(o)(i) amended by S.R. No. 59/2016 reg. 7(3).

Reg. 9(1)(o)(ii) substituted by S.R. No. 133/2009 reg. 8(2).


(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 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 full name and address of—

(i) the doctor who gave notice under section 37(2) of the Act that the death has occurred and the doctor's Australian Health Practitioner Regulation Agency registration number; or

(ii) 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 relationship status of the deceased at the time of death;

(ia) in relation to each relationship partner of the deceased at the time of death—

(i) the person's given name(s), family name and sex; and


10

Reg. 9(3)(f)(i) amended by S.R. No. 59/2016 reg. 7(3).

Reg. 9(3)(i) substituted by S.R. No. 59/2016 reg. 7(2)(a).

Reg. 9(3)(ia) inserted by S.R. No. 133/2009 reg. 8(4), substituted by S.R. No. 59/2016 reg. 7(2)(b).

(j) in relation to each previous relationship partner of the deceased—

(i) if known, the person's given name(s), family name and sex; and


(k) the name and date of birth (or age) of each child of the deceased (including deceased children);

(l) the full names, birth names and occupations of the parents of the deceased;

* * * * *

(n) the last usual residence of the deceased.

11

Reg. 9(3)(j) substituted by S.R. No. 59/2016 reg. 7(2)(c).

Reg. 9(3)(l) substituted by S.R. No. 133/2009 reg. 11(3).

Reg. 9(3)(m) revoked by S.R. No. 133/2009 reg. 11(4).

Schedules

Schedule 1—RevocationsRegulation 4

S.R. No. Title of Statutory Rule

100/1997 Births, Deaths and Marriages Registration Regulations 1997

45/2002 Births, Deaths and Marriages Registration (Fees) Regulations 2002


35/2005 Births, Deaths and Marriages Registration (Amendment) Regulations 2005


Births, Deaths and Marriages Registration Regulations 2008S.R. No. 114/2008

12

Schedule 2—FeesRegulation 6

ItemSections of the Act Description of fee Fee units

1 25(2) & 26(2)

Application to register change of name (adult or child) 518

2 30A(2) Application to alter Register 518

3 30E(3) Application for document acknowledging identity 747

4 43(6) Application to add registrable information to an entry 518

5 45(2) Application for search of the Register 114

6 46(1) Application for issue of a certificate certifying the results of a search of the Register 114

7 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 227

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13

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Births, Deaths and Marriages Registration Regulations 2008, S.R. No. 114/2008 were made on 23 September 2008 by the Governor in Council under section 59 of the Births, Deaths and Marriages Registration Act 1996, No. 43/1996 and came into operation on 28 September 2008: regulation 3.

The Births, Deaths and Marriages Registration Regulations 2008 will sunset 10 years after the day of making on 23 September 2018 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).


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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


15

2 Table of AmendmentsThis publication incorporates amendments made to the Births, Deaths and Marriages Registration Regulations 2008 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Births, Deaths and Marriages Registration Amendment Regulations 2009, S.R. No. 133/2009

Date of Making: 4.11.09Date of Commencement: Regs 5–8 on 4.11.09: reg. 3(1); regs 9–11 on 1.1.10:

reg. 3(2)

Births, Deaths and Marriages Registration Amendment (Registration of Deaths) Regulations 2016, S.R. No. 59/2016

Date of Making: 21.6.16Date of Commencement: 1.7.16: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


16

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


17

4 Explanatory detailsNo entries at date of publication.


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