Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025 (WA)

Western Australia

Births, Deaths and Marriages Registration Act 1998 Sentencing Act 1995

Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025

Western Australia

Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025 Contents Births, Deaths and Marriages Registration Act 1998 Sentencing Act 1995

Births, Deaths and Marriages Registration Act 1998 Sentencing Act 1995

Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 30 May 2025.

Part 2 – Births, Deaths and Marriages Registration Regulations 1999 amended3.Regulations amended

This Part amends the Births, Deaths and Marriages Registration Regulations 1999.

4.Regulation 4 amended

In regulation 4 delete the Table and insert:

Table

Item	Matter	Fee $
Certificates and searches
1.	Certified copy of a registration other than one provided under item 3, 4, 8 or 9 (including one 10 year search)	55.00
2.	Certified copy of an acknowledgment document (see section 36ZA(1) of the Act)	55.00
3.	Commemorative certificate (including one 10 year search and a certified copy of the registration)	65.00
4.	Certified copy of a registration at least 75 years old	36.00
5.	Uncertified copy of a registration	20.00
6.	Each 10 year search other than one provided under item 1 or 3 (including a Result of Search certificate)	35.00
Registrations and changes to Register
7.	Application for registration of a change of name	190.00
8.	Application for an addition to, or correction of, information in respect of a registration (including one certified copy of the amended registration)	55.00
9.	Application to change a child’s name, in respect of a birth registration, within 12 months after the child’s birth (including one certified copy of the amended registration)	55.00
10.	Application under section 36J(1), 36K(1) or 36P(1) of the Act	190.00
Miscellaneous
11.	Processing the issue of a certificate in priority to other applicants (in addition to the certificate fee)	42.00
12.	Manual validation of a document on request of a user of the national Document Verification Service	10.00
13.	Provision of bulk information from the Register	500.00 per year
14.	Matching of information in the Register	200.00 per request
15.	Application for a copy of a document given to the Registrar in relation to the registration of a registrable event or the notation of an entry in a register	48.00
16.	Application under section 36T(1), 36U(1) or 36Z(1)	190.00

5.Regulations 5 to 7 inserted

After regulation 4 insert:

5. Prescribed kinds of sex or gender

For the purposes of the sections of the Act listed in the Table, the following kinds of sex or gender are prescribed —

• (a)

  female;

• (b)

  male;

• (c)

  non‑binary.

Table

s. 36J(2)(b)	s. 36K(2)(b)
s. 36L(2)	s. 36M(3)
s. 36N(2)	s. 36T(2)(b)
s. 36U(2)(b)	s. 36V(2)
s. 36W(3)	s. 36X(2)

6. Persons and bodies to whom Registrar may allow access to particulars or issue birth certificate (s. 36Q(4)(b))

• (1)

  In this regulation —

guardian, except in subregulation (2)(a), has the meaning given in the Guardianship and Administration Act 1990 section 3(1);

represented person has the meaning given in the Guardianship and Administration Act 1990 section 3(1).

• (2)

  The Registrar may allow access to the particulars referred to in section 36Q(3)(a) of the Act, or issue a birth certificate for a person showing both the person’s sex or gender before the person’s registration was changed and the person’s sex or gender after the person’s registration was changed, if an application requesting the access or issue of a certificate is made by any of the following persons or bodies —

  • (a)

    if the person is under the age of 18 years — a parent or guardian of the person;

  • (b)

    a guardian of the person, if the person has reached the age of 18 years and is a represented person who has a guardian appointed under the Guardianship and Administration Act 1990;

  • (c)

    if the person is deceased — the executor or administrator of the estate of the person;

  • (d)

    the chief executive officer of the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004.

7. Fee to accompany application for registration of certificate

For the purposes of section 70A(b) of the Act, an application referred to in the Gender Reassignment Act 2000 section 17(3) must be accompanied by a fee of $55.

Part 3 – Sentencing Regulations 1996 amended6.Regulations amended

This Part amends the Sentencing Regulations 1996.

7.Schedule 2 amended

In Schedule 2 delete the item relating to the Gender Reassignment Act 2000.

K. COLLERAN, Clerk of the Executive Council