Births, Deaths and Marriages Registration Act 1996 (Vic)

Version No. 044

Births, Deaths and Marriages Registration Act 1996

No. 43 of 1996

Version incorporating amendments as at

9 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Objects of Act

4Definitions

Part 2—Administration

Division 1—The Registrar

5Registrar

6Registrar's general functions

7Registrar's staff

8Delegation

Division 2—Execution of documents

9The Registrar's seal

10Execution of documents

Division 3—Reciprocal administrative arrangements

11Reciprocal administrative arrangements

Part 3—Registration of births

Division 1—Notification of births

12Notification of births

Division 2—Registration of births

13Cases in which registration of birth is required or authorised

14How to have the birth of a child registered

15Responsibility to have a birth registered

16Registration of parentage details

17Addition of details after birth registration

17AAddition of details after birth registration—registration of partner

17BBirth registration of child conceived by a treatment procedure

18Obligation to have birth registered

19Registration

19ASurrogate birth registration—substitute parentage orders

19BSurrogate birth registration—corresponding surrogacy parentage orders

Division 3—Court orders for registration of birth

20Court may order registration of birth

Division 4—Perinatal death

21Registrar may forward medical certificates

Division 5—Child's name

22Name of child

23Dispute about child's name

Part 4—Change of name

24Change of name by registration

25Application to register change of adult's name

26Application to register change of child's name

27Child's consent to change of name

28Registration of change of name

29Entries to be made in the Register

29ARegistrar to notify Chief Commissioner of Police of change of name of certain sex offenders

30Change of name may still be established by repute or usage

Part 4A—Acknowledgement of sex

Division 1—Persons born in Victoria

30AApplication to alter record of sex in person's birth registration

30BApplication to alter record of sex in child's birth registration

30BAApplication made by one parent or guardian to alter record of sex in child's birth registration

30BBCourt order approving alteration of record of sex in child's birth registration

30CAlteration of Register

30DIssue of new birth certificate

Division 2—Victorian residents born elsewhere

30EApplication for document acknowledging name and sex

30EAApplication for document acknowledging child's name and sex

30EBApplication made by one parent or guardian for document acknowledging child's name and sex

30ECCourt order for issue of document acknowledging child's name and sex

30FIssue of document acknowledging name and sex

30FANotification to registering authority of issuing of document acknowledging name and sex

Division 2A—Acknowledgement of sex applications—detainees, prisoners, prisoners on parole, offenders and registrable offenders

30FBAcknowledgement of sex application accompanied by approval

30FCDetermination of acknowledgement of sex application

30FDNotification that acknowledgement of sex application not accompanied by approval

Division 3—Other matters

30GEffect of alteration of Register, issuing of documents acknowledging name and sex and interstate recognition certificates

30HRe-issue of interstate birth certificates

30IRegistrar to notify Chief Commissioner of Police

30JRegistrar to disclose alterations of record of sex or issuing of document acknowledging name and sex

30KRegistrar to disclose alterations to record of sex on request of Secretary

Part 5—Registration of marriages

31Cases in which registration of marriage is required

32How to have marriage registered

33Registration of marriage

Part 6—Registration of deaths

Division 1—Cases where registration of death is required or authorised

34Deaths to be registered under this Act

35Power to direct registration of death

36Circumstances in which a death must not be registered

Division 2—Notification of deaths

37Notification of deaths by doctors

38Notification of cause of death by coroner

39Notification by funeral director, etc.

Division 3—Registration of death

40Registration

40ANotification of death to Voluntary Assisted Dying Review Board

Part 7—The Register

Division 1—Keeping the Register

41The Register

Division 2—Registrar's powers of inquiry

42Registrar's powers of inquiry

Division 3—Correction and amendment of Register

43Correction and amendment of Register

Division 4—Access to and certification of Register entries

44Protection of privacy

45Search of Register

45AApplication for integrated birth certificate

46Issue of certificate

46AIssue of integrated birth certificate

47Access policies

48Access to Register

48ARequirement to provide information to Donor Conception Registrar or Secretary

49Power to remit fees

Division 4A—Information relating to child deaths, still-births and maternal deaths

49ARegistrar's obligations in relation to the death of a child

49BRegistrar's obligations in relation to a still-birth, the death of a child or a maternal death

Division 5—Additional information and services

50Registrar may collect other information

51Additional services in relation to information in Register and other information

Part 8—General power of review

52Review by Victorian Civil and Administrative Tribunal

Part 9—Miscellaneous

53False representation

54Unauthorised access to or interference with Register

55Falsification of certificate, etc.

56Registrar to provide certain information to Minister

57Records relating to period before 18 January 1853

58Power to require and take statutory declarations

59Regulations

Part 10—Repeals, transitional provisions and amendments to other Acts

60Repeal of Registration of Births Deaths and Marriages Act 1959

61Regulations revoked

62The Register

63Superseded references

64Transitional—Courts and Other Justice Legislation Amendment Act 2013

65Transitional provision—Births, Deaths and Marriages Registration Amendment Act 2019

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 044

Births, Deaths and Marriages Registration Act 1996

No. 43 of 1996

Version incorporating amendments as at

9 September 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to provide for the registration of births, deaths, marriages and changes of name in Victoria.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 31 December 1997, it comes into operation on that day.

3Objects of Act

The objects of this Act are to provide for—

(a)the registration of births, deaths and marriages in Victoria; and

(b)the registration of changes of name; and

(c)the keeping of registers for recording and preserving information about births, deaths, marriages, changes of name and adoptions in perpetuity; and

(caa)the keeping of information relating to donors and surrogacy arrangements under the Assisted Reproductive Treatment Act 2008; and

(ca)the alteration of the record of sex in a birth registration; and

(d)access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State; and

(e)the issue of certified and uncertified information from the registers; and

(ea)the issue of documents acknowledging the name and sex of persons whose birth is registered in a place other than Victoria; and

(eb)the issue of integrated birth certificates to adopted persons; and

(f)the collection and dissemination of statistical information.

4Definitions

(1)In this Act—

acknowledgement of sex application means an application by or on behalf of a restricted person under section 30A, 30B, 30E or 30EA;

adult means a person who—

(a)is 18 years of age or more; or

(b)although under 18 years of age, is or has been married;

approval means a decision approving the making of an acknowledgement of sex application given by—

(a)the Secretary under section 488Q of the Children, Youth and Families Act 2005; or

(b)the Secretary under section 47P of the Corrections Act 1986; or

(c)the Adult Parole Board under section 79HD of the Corrections Act1986; or

(d)the Post Sentence Authority under section 265D of the Serious Offenders Act 2018; or

(e)the Chief Commissioner of Police under section 70S of the Sex Offenders Registration Act 2004;

birth includes still-birth;

birth registration statement means a statement required to be lodged with the Registrar under section 14;

change, in relation to a name, includes an addition, omission or substitution;

child means a person under 18 years of age;

corresponding law means a law of another State that—

(a)provides for the registration of births, deaths and marriages; and

(b)has been declared to be a corresponding law for the purposes of this Act by an Order made under subsection (2);

Council means CCOPMM within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008;

Court means the County Court;

death does not include a still-birth;

disposal of human remains means—

(a)cremation of the remains; or

(b)burial of the remains (including burial at sea); or

(c)placing the remains in a mausoleum or other permanent resting place; or

(d)placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or

(e)removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);

doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

Donor Conception Registrar has the same meaning as in the Assisted Reproductive Treatment Act 2008;

funeral director means a person who carries on the business of arranging for the disposal of human remains;

Institute has the same meaning as in section 3 of the Victorian Institute of Forensic Medicine Act 2024;

integrated birth certificate means a certificate referred to in section 46A(1);

interstate recognition certificate means a current certificate identifying a person as being of a particular sex that is issued under a law of another State that relates to the recognition of a person's sex;

Justice Secretary means the Secretary to the Department of Justice and Community Safety;

midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

neonatal death means the death of a live-born child within 28 days after the birth;

parent means a person who is presumed under the Status of Children Act 1974 to be the mother, father or parent of a child;

partner, in relation to a person, means—

(a)the person's spouse; or

(b)a person who lives with the first person as a couple on a genuine domestic basis;

perinatal death means—

(a)the death of a live-born child within 28 days after the birth; or

(b)a still-birth;

prohibited name means a name that—

(a)is obscene or offensive; or

(b)could not practicably be established by repute or usage—

(i)because it is too long; or

(ii)because it consists of or includes symbols without phonetic significance; or

(iii)for some other reason; or

(c)is contrary to the public interest for some other reason;

prohibited sex descriptor means a sex descriptor—

(a)that is obscene or offensive; or

(b)that could not practicably be established by repute or usage—

(i)because it is too long; or

(ii)because it consists of or includes symbols without phonetic significance; or

(iii)for some other reason;

registrable event means—

(a)a birth; or

(b)a change of name; or

(c)an alteration of the record of sex in a birth registration; or

(d)a death; or

(e)a marriage; or

(f)an adoption; or

(g)a surrogacy arrangement;

registrable information means information that must or may be included in the Register;

Register means the Register established under Part 7;

registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages;

Registrar means the Registrar of Births, Deaths and Marriages;

restricted person means a person who is—

(a)a detainee within the meaning of section 482A of the Children, Youth and Families Act 2005; or

(b)a prisoner within the meaning of section 3(1) of the Corrections Act 1986; or

(c)a prisoner on parole within the meaning of section 79HA of the Corrections Act 1986; or

(d)an offender within the meaning of section 265A of the Serious Offenders Act 2018; or

(e)a registrable offender within the meaning of section 3(1) of the Sex Offenders Registration Act 2004;

reviewable death has the same meaning as in section 5 of the Coroners Act 2008;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

sex affirmation surgery means a surgical procedure involving the alteration of a person's reproductive organs carried out for the purpose of assisting the person to be considered to be a member of a particular sex;

sex descriptor includes—

(a)male; or

(b)female; or

(c)any other sex;

sibling has the same meaning as in section 3(1) of the Coroners Act 2008;

State includes a Territory;

still-birth means the birth of a still-born child;

still-born child means a child of at least 20 weeks' gestation or, if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, with a body mass of at least 400 grams at birth, that exhibits no sign of respiration or heartbeat, or other sign of life, after birth;

surrogacy arrangement has the meaning given by the Assisted Reproductive Treatment Act 2008;

surrogate mother means a woman who gives birth to a child pursuant to a surrogacy arrangement.

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(2)The Governor in Council, by Order published in the Government Gazette, may declare a law of another State to be a corresponding law for the purposes of this Act.

(3)The Governor in Council, by Order published in the Government Gazette, may revoke or vary an Order made under subsection (2).

PART 2—ADMINISTRATION

Division 1—The Registrar

5Registrar

A Registrar of Births, Deaths and Marriages must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act and the Relationships Act 2008.

6Registrar's general functions

The Registrar's general functions are—

(a)to establish and maintain the registers necessary for the purposes of this Act and the Relationships Act 2008; and

(b)to administer the registration system established by this Act and the Relationships Act 2008 and ensure that they operate efficiently, effectively and economically; and

(ba)to provide information in relation to reviewable deaths for the purposes of the Coroners Act 2008 and the Victorian Institute of Forensic Medicine Act 2024 including information in relation to—

(i)the identification of living siblings; and

(ii)known or registered previous child deaths including neonatal deaths; and

(bb)to perform functions given to the Registrar by the Assisted Reproductive Treatment Act 2008; and

(bc)to perform functions given to the Registrar by the Adoption Act 1984; and

(c)to ensure that this Act and the Relationships Act 2008 are administered in the way best calculated to achieve the objects of this Act and the Relationships Act 2008.

7Registrar's staff

Any other employees that are necessary for the purposes of this Act and the Relationships Act 2008 may be employed under the Public Administration Act 2004.

8Delegation

The Registrar, by instrument, may delegate to a person employed pursuant to section 7 any of the Registrar's powers under this Act and the Relationships Act 2008, other than this power of delegation.

Division 2—Execution of documents

9The Registrar's seal

The Registrar has a seal.

10Execution of documents

(1)The Registrar may issue a certificate or other document under the Registrar's signature and seal, or a facsimile of the Registrar's signature and seal produced by stamp or machine imprint or by a prescribed method.

(2)All courts must take judicial notice of the Registrar's signature and seal or facsimile of the Registrar's signature and seal produced in accordance with subsection (1) affixed to a certificate or other document and, until the contrary is proved, must presume that it was duly affixed.

Division 3—Reciprocal administrative arrangements

11Reciprocal administrative arrangements

(1)The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for—

(a)the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and

(b)the exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act.

(2)When an arrangement is in force under this section—

(a)the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement) the powers and functions of the registering authority under the corresponding law; and

(b)the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement) the powers and functions of the Registrar under this Act.

(3)An arrangement under this section may—

(a)establish a data base in which information is recorded for the benefit of all the participants in the arrangement; and

(b)provide for access to information contained in the data base; and

(c)provide for payments by or to participants in the arrangement for services provided under the arrangement.

PART 3—REGISTRATION OF BIRTHS

Division 1—Notification of births

12Notification of births

(1)When a child is born in the State, the responsible person must give notice of the birth to the Registrar including any particulars required by the Registrar.

Penalty:10 penalty units.

(2)Notice under subsection (1) may be given—

(a)in writing; or

(b)in any other manner approved by the Registrar by notice published in the Government Gazette.

(3)The notice must be given—

(a)in the case of a child born alive, within 21 days after the birth;

(b)in the case of a still-birth, within 48 hours after the birth.

(4)When notice of a still-birth is given, the responsible person must also give the Registrar a doctor's certificate, in a form approved by the Registrar, certifying the cause of foetal death.

(5)The doctor's certificate referred to in subsection (4) must be completed by—

(a)the doctor responsible for the professional care of the mother at the birth; or

(b)a doctor who examined the body of the still-born child after the birth.

(6)In this section—

responsible person means—

(a)in the case of a child born in a hospital or brought to a hospital within 24 hours after birth, the chief executive officer of the hospital; or

(b)in any other case—

(i)the doctor or midwife responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth; or

(ii)if no doctor or midwife was in attendance at the birth, any other person in attendance at the birth.

Division 2—Registration of births

13Cases in which registration of birth is required or authorised

(1)If a child is born in the State, the birth must be registered under this Act.

(2)If a court orders the registration of a birth, the birth must be registered under this Act.

(3)A birth may be registered under this Act if a child is born—

(a)in an aircraft during a flight to a place of disembarkation in the State; or

(b)on a vessel during a voyage to a place of disembarkation in the State.

(4)If a child is born outside the Commonwealth, but the child is to become a resident of the State, the birth may be registered under this Act.

(5)The Registrar may refuse to register a birth under subsection (3) or (4) if the birth is registered under a corresponding law.

14How to have the birth of a child registered

A person has the birth of a child registered under this Act by lodging a birth registration statement with the Registrar in a form and manner required by the Registrar specifying any prescribed particulars.

15Responsibility to have a birth registered

(1)The parents of a child are jointly responsible for having the child's birth registered under this Act and must both sign the birth registration statement but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is not practicable to obtain the signatures of both parents on the birth registration statement.

(2)If a child is a foundling, the person who has custody of the child is responsible for having the child's birth registered.

(3)The Registrar may accept a birth registration statement from a person who is not responsible for having the child's birth registered if satisfied that—

(a)the person lodging the statement has knowledge of the relevant facts; and

(b)the child's parents are unable or unlikely to lodge a birth registration statement.

16Registration of parentage details

(1)The Registrar must not include information about the identity of a child's parent in the Register unless—

(a)the parents of the child make a joint application for the inclusion of registrable information about that identity; or

(b)one parent of the child makes an application for the inclusion of registrable information about that identity and the other parent cannot join in the application because—

(i)he or she is dead; or

(ii)he or she cannot be found; or

(iii)of some other reason; or

(c)one parent of the child makes an application for the inclusion of registrable information about that identity and the Registrar is satisfied that the other parent does not dispute the correctness of that information; or

(d)any court having jurisdiction orders the inclusion of registrable information about that identity in the Register; or

(e)any court having jurisdiction makes a finding that a particular person is a parent of a child; or

(f)the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child's parent.

(2)The Registrar may include information about the identity of a child's parent in the Register if—

(a)the Registrar is not prohibited by subsection (1) from so doing; or

(b)despite subsection (1), both parents are unable to give registrable information about the identity of a child's parent or parents for some reason or are unavailable and another person can provide information to the Registrar's satisfaction as to the identity of the child's parent or parents; or

(c)despite subsection (1), one parent has provided the birth registration statement and the registrable information relates only to the identity of that parent.

17Addition of details after birth registration

(1)Subject to section 16, a person may apply to the Registrar for the inclusion of additional registrable information about a person's birth registration in the Register.

(2)An application under subsection (1)—

(a)must be made in writing; and

(b)must include the information required by the Registrar; and

(c)must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and other evidence the Registrar may require.

17AAddition of details after birth registration—registration of partner

(1)This section applies if—

(a)a woman has undergone a procedure within the meaning of Part III of the Status of Children Act 1974 as a result of which she became pregnant and gave birth to a child; and

(b)by application of a presumption in that Part the woman's female partner is presumed to be a parent of the child; and

(c)the child's birth was registered before the commencement of the Assisted Reproductive Treatment Act 2008.

(2)If the Register only names the mother of the child, the mother and her partner may apply to amend the Register to name the partner as a parent of the child.

(3)If the Register names the mother and father of the child, the Register must not be amended to name the partner as a parent of the child without a court order.

(4)An application under subsection (2) must be accompanied by a statutory declaration made by the woman's partner stating that she consented to the procedure that resulted in the pregnancy.

17BBirth registration of child conceived by a treatment procedure

(1)If a birth registration statement specifies the child was conceived by a donor treatment procedure, the Registrar must mark the words "donor conceived" against the entry about the child's birth in the Register.

(1A)If the Registrar receives information from the Donor Conception Registrar disclosing that a child, whose birth was registered on or after 1 January 2010, was conceived by a donor treatment procedure, the Registrar must mark the words "donor conceived" against the entry about the child's birth in the Register.

(2)Subject to subsection (3), when the Registrar issues a certificate certifying particulars contained in an entry about the birth of a person conceived by a donor treatment procedure, the Registrar must attach an addendum to the certificate stating that further information is available about the entry.

(3)The Registrar must not issue the addendum referred to in subsection (2) to any person other than the person conceived by a donor treatment procedure named in the entry.

(4)In this section donor treatment procedure means a donor treatment procedure within the meaning of the Assisted Reproductive Treatment Act 2008.

18Obligation to have birth registered

(1)A person responsible for having the birth of a child registered must ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth.

Penalty:10 penalty units.

(2)However, the Registrar must accept a birth registration statement even though it is lodged after the end of the 60 day period.

(3)The Registrar may request that further information be provided to support the birth registration statement at any time before the Registrar registers the birth.

19Registration

(1)The Registrar registers a birth by making an entry about the birth in the Register.

(2)However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars.

19ASurrogate birth registration—substitute parentage orders

(1)If the court makes a substitute parentage order under the Status of Children Act 1974, on receipt of the sealed copy of the substitute parentage order the Registrar must—

(a)register the surrogacy by entering the prescribed particulars in the Surrogate Birth Register; and

(b)mark the words "closed—surrogate" against the original birth entry in the Register.

(2)If the court makes an order under the Status of Children Act 1974 for the discharge of a substitute parentage order, on receipt of the sealed copy of the discharge order the Registrar must—

(a)cancel the relevant entry in the Surrogate Birth Register; and

(b)remove the words "closed—surrogate" from the original birth entry in the Register.

19BSurrogate birth registration—corresponding surrogacy parentage orders

(1)If the court makes a registration order under the Status of Children Act 1974, on receipt of a sealed copy of the registration order and a copy of the sealed copy of the corresponding surrogacy parentage order the Registrar must—

(a)register the surrogacy by entering the prescribed particulars in the Surrogate Birth Register; and

(b)mark the words "closed—surrogate" against the original birth entry in the Register.

(2)If the court makes an order under the Status of Children Act 1974 revoking a registration order, on receipt of the sealed copy of that order the Registrar must—

(a)cancel the relevant entry in the Surrogate Birth Register; and

(b)remove the words "closed—surrogate" from the original birth entry in the Register.

(3)In this section—

corresponding surrogacy parentage order and registration order have the meanings given in section 17 of the Status of Children Act 1974.

Division 3—Court orders for registration of birth

20Court may order registration of birth

(1)The Court may, on application by an interested person or on its own initiative, order—

(a)the registration of a birth; or

(b)the inclusion of registrable information about a birth or a child's parents in the Register.

(2)If a court (including a court of another State or the Commonwealth) finds that—

(a)the birth of a person is not registered as required under this Act or a corresponding law; or

(b)the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or incorrect—

the court may direct registration of the birth or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require).

Division 4—Perinatal death

21Registrar may forward medical certificates

Despite anything to the contrary in any Act or law, the Registrar may forward or make available to the Australian Statistician or to the Secretary of the Department of Health any medical certificate in his or her possession or under his or her control relating to any perinatal death.

Division 5—Child's name

22Name of child

(1)The birth registration statement must state the name of the child.

(2)However, the Registrar may assign a name to the child if—

(a)the name stated in the birth registration statement is a prohibited name; or

(b)the birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child's name.

23Dispute about child's name

(1)If there is a dispute between parents about a child's name, either parent may apply to the Court for a resolution of the dispute.

(2)On an application under subsection (1), the Court may—

(a)resolve the dispute about the child's name as the Court considers appropriate; and

(b)order the Registrar to register the child's name in a form specified in the order.

PART 4—CHANGE OF NAME

24Change of name by registration

A person's name may be changed by registration of the change under this Part.

25Application to register change of adult's name

(1)An adult person may apply to the Registrar in the approved form for registration of a change of the person's name if—

(a)the person's birth is registered in Victoria; or

(b)the person—

(i)was born outside Australia; and

(ii)is a person whose birth is not registered in Victoria or another State or a Territory; and

(iii)has been ordinarily resident in Victoria for at least 12 months immediately before the application is made.

(1A)The Registrar may waive the 12 month requirement under subsection (1)(b)(iii) if the Registrar is satisfied that—

(a)the change of name is sought for the purpose of the protection of the applicant or a child of the applicant; or

(b)the applicant has legally married and wishes to change to the applicant's married name.

(2)An application for registration of a change of name must be accompanied by the prescribed fee.

26Application to register change of child's name

(1)The parents of a child may apply to the Registrar in the approved form for registration of a change of the child's name if—

(a)the child's birth is registered in Victoria; or

(b)the child—

(i)was born outside Australia; and

(ii)is a child whose birth is not registered in Victoria or another State or a Territory; and

(iii)has been ordinarily resident in Victoria for at least 12 months immediately before the application is made.

(1A)The Registrar may waive the 12 month requirement under subsection (1)(b)(iii) if the Registrar is satisfied that—

(a)the change of name is sought for the purpose of the protection of the child, the applicant or another child of the applicant; or

(b)the applicants have legally married and wish the child to change to the married name of both applicants.

(1B)The 12 month requirement under subsection (1)(b)(iii) is waived if the Court has approved the proposed change of name for a child under subsection (4).

(2)An application for registration of a change of a child's name must be accompanied by the prescribed fee.

(3)An application for registration of a change of a child's name may be made by one parent if—

(a)the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or

(b)there is no other surviving parent of the child; or

(c)the Court approves the proposed change of name.

(4)The Court may, on application by a child's parent, approve a proposed change of name for the child if satisfied that the change is in the child's best interests.

(5)If the parents of a child are dead, cannot be found, or for some other reason cannot exercise their parental responsibilities to a child, the child's guardian may apply for registration of a change of the child's name.

27Child's consent to change of name

A change of a name of a child aged 12 years or more must not be registered unless—

(a)the child consents to the change of name; or

(b)the child is unable to understand the meaning and implications of the change of name.

28Registration of change of name

(1)Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar's satisfaction—

(a)the identity and age of the person whose name is to be changed; and

(b)that the change of name is not sought for a fraudulent or other improper purpose; and

(c)if the person whose name is to be changed is a child aged 12 years or more, that—

(i)the child consents to the change of name; or

(ii)the child is unable to understand the meaning and implications of the change of name.

(2)If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law or by order of a court (including a court of another State or the Commonwealth), the change of name may be registered under this Act.

(3)The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.

29Entries to be made in the Register

(1)The Registrar registers a change of name by making an entry about the change of name in the Register.

(2)The Registrar must—

(a)if the birth of the person whose name has been changed is registered under this Act, note the change of name in the entry relating to the birth; or

(b)if the birth of the person whose name has been changed is registered under a corresponding law, notify the relevant registering authority of the change of name.

(3)If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person's name as changed under this Part.

29ARegistrar to notify Chief Commissioner of Police of change of name of certain sex offenders

(1)If—

(a)under section 63(1A) of the Sex Offenders Registration Act 2004 the Registrar has been notified of details in relation to a person; and

(b)the Registrar, at any time on or after that notification, registers a change of name of that person—

the Registrar must, as soon as practicable after that registration, cause written notice of it to be given to the Chief Commissioner of Police.

(2)A notice under subsection (1) must state both the person's former name and new name.

30Change of name may still be established by repute or usage

This Part does not prevent a change of name by repute or usage.

PART 4A—ACKNOWLEDGEMENT OF SEX

Division 1—Persons born in Victoria

30AApplication to alter record of sex in person's birth registration

(1)A person who is aged 18 years or over may apply to the Registrar for the record of the person's sex in the person's birth registration to be altered if—

(a)the person's birth is registered in Victoria; and

(b)the person believes the person's sex to be as nominated in the application; and

(c)the record of the person's sex has not been altered within the 12 months preceding the date of making the application.

(2)The applicant must nominate a sex descriptor in the application.

(3)The application must—

(a)be in the form approved by the Registrar; and

(b)include a statutory declaration made by the applicant that addresses the requirements of subsection (1); and

(c)be accompanied by—

(i)a supporting statement in accordance with subsection (4); and

(ii)the prescribed fee (if any); and

(iii)any other documents or information reasonably required by the Registrar.

(4)A supporting statement must—

(a)be in the form approved by the Registrar; and

(b)be made by a person who is aged 18 years or over and who has known the applicant for at least 12 months; and

(c)state that the person making the supporting statement—

(i)believes that the applicant makes the application to alter the record of the sex of the applicant in good faith; and

(ii)supports the application.

30BApplication to alter record of sex in child's birth registration

(1)Subject to section 30BA, the parents of a child may apply to the Registrar for the record of the child's sex in the child's birth registration to be altered if—

(a)the child's birth is registered in Victoria; and

(b)the child consents to the alteration of the record of the child's sex to the sex descriptor nominated in the application; and

(c)the parents believe on reasonable grounds that the alteration of the record of the child's sex is in the best interests of the child; and

(d)the record of the child's sex has not been altered within the 12 months preceding the date of making the application.

(2)The applicants must nominate a sex descriptor in the application.

(3)The application must—

(a)be in the form approved by the Registrar; and

(b)include a statutory declaration made by each of the applicants addressing the requirements of subsection (1); and

(c)be accompanied by—

(i)a supporting statement in accordance with subsection (4), unless the Court has made an order under section 30BB(3); and

(ii)the prescribed fee (if any); and

(iii)any other documents or information reasonably required by the Registrar.

(4)A supporting statement must—

(a)be in the form approved by the Registrar; and

(b)be made by a relevant person; and

(c)state that the relevant person is of the opinion that—

(i)the alteration of the record of the child's sex is in the best interests of the child; and

(ii)if the child is under 16 years of age, the child has capacity to consent to the alteration of the record of the child's sex.

(5)In this section, relevant person means—

(a)a doctor; or

(b)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(c)a person who is a member of a prescribed class of persons.

30BAApplication made by one parent or guardian to alter record of sex in child's birth registration

(1)An application under section 30B for the alteration of the record of a child's sex in the child's birth registration may be made by one parent if—

(a)the applicant is the sole parent named in the registration of the child's birth under this Act; or

(b)there is no other surviving parent of the child; or

(c)the Court makes an order under section 30BB(3) approving the alteration of the record of the child's sex.

(2)An application under section 30B for the alteration of the record of a child's sex in the child's birth registration may be made by the child's guardian if—

(a)the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child; or

(b)the Court makes an order under section 30BB(3) approving the alteration of the record of the child's sex.

30BBCourt order approving alteration of record of sex in child's birth registration

(1)A parent of a child may apply to the Court for an order to approve the alteration of the record of the child's sex in the child's birth registration.

(2)A child's guardian may make an application under subsection (1) if the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child.

(3)The Court may make an order approving the alteration of the record of the child's sex in the child's birth registration if the Court is satisfied that the alteration is in the child's best interests.

30CAlteration of Register

(1)The Registrar must determine an application made under section 30A by altering the record of the person's sex in the person's birth registration or by refusing to do so.

(2)The Registrar must determine an application made under section 30B by altering the record of the child's sex in the child's birth registration or by refusing to do so.

(3)Before determining an application made under section 30A or 30B, the Registrar may require the applicant to provide any further information or documentation that the Registrar considers necessary, including evidence to establish to the Registrar's satisfaction—

(a)the identity and age of the person or the child whose record of sex is to be altered; and

(b)that the alteration of the record of sex is not sought for a fraudulent or other improper purpose.

(4)The Registrar may alter the record of a person's sex in the person's birth registration or a child's sex in the child's birth registration if the Registrar is satisfied that—

(a)a court (including a court of another State or the Commonwealth) has ordered that the sex recorded in the person's birth registration or the child's birth registration be altered; or

(b)the record of the person's sex or the child's sex has been altered under another law.

(5)The Registrar may refuse to alter the record of a person's sex in the person's birth registration or a child's sex in the child's birth registration if the alteration would result in the recorded sex being a prohibited sex descriptor.

30DIssue of new birth certificate

After the record of a person's sex in the person's birth registration or a child's sex in the child's birth registration is altered, any certificate issued by the Registrar concerning that birth registration—

(a)must state the person's sex or the child's sex in accordance with the record as altered; and

(b)must not state that the record of the person's sex or the child's sex has been altered; and

(c)must not state the person's former name or the child's former name (if any).

Division 2—Victorian residents born elsewhere

30EApplication for document acknowledging name and sex

(1)A person who is aged 18 years or over may apply to the Registrar for a document that acknowledges the person's name and sex if—

(a)the person's birth is registered in a place other than Victoria; and

(b)the person's principal place of residence is, and has been for at least 12 months, in Victoria; and

(c)the person believes the person's sex to be as nominated in the application; and

(d)a document acknowledging the person's name and sex has not been issued by the Registrar within the 12 months preceding the date of making the application.

(2)The applicant must nominate a sex descriptor in the application.

(3)A person must not make an application under subsection (1) for the issue of a document to acknowledge a name that is not the name of the person.

Note

See Part 4 for making an application to change a person's name.

(4)The application must—

(a)be in the form approved by the Registrar; and

(b)include a statutory declaration made by the applicant that addresses the requirements of subsection (1); and

(c)be accompanied by either—

(i)a supporting statement in accordance with subsection (5); or

(ii)an interstate recognition certificate (if any) issued to the applicant; and

(d)be accompanied by the prescribed fee (if any); and

(e)be accompanied by any other documents or information reasonably required by the Registrar.

(5)A supporting statement must—

(a)be in the form approved by the Registrar; and

(b)be made by a person who is aged 18 years or over and who has known the applicant for at least 12 months; and

(c)state that the person making the supporting statement—

(i)believes that the applicant makes the application for a document that acknowledges the applicant's name and sex in good faith; and

(ii)supports the application.

30EAApplication for document acknowledging child's name and sex

(1)Subject to section 30EB, the parents of a child may apply to the Registrar for a document that acknowledges the child's name and sex if—

(a)the child's birth is registered in a place other than Victoria; and

(b)the child's principal place of residence is, and has been for at least 12 months, in Victoria, unless—

(i)subsection (6) applies; or

(ii)the grounds under subsection (7) are met; and

(c)the child consents to the acknowledgement of the child's sex as the sex descriptor nominated in the application; and

(d)the parents believe on reasonable grounds that a document acknowledging the child's name and sex is in the best interests of the child; and

(e)a document acknowledging the child's name and sex has not been issued by the Registrar within the 12 months preceding the date of making the application.

(2)The applicants must nominate a sex descriptor in the application.

(3)The applicants must not make an application under subsection (1) for the issue of a document to acknowledge a name that is not the name of the child.

Note

See Part 4 for making an application to change a child's name.

(4)The application must—

(a)be in the form approved by the Registrar; and

(b)include a statutory declaration made by each of the applicants addressing the requirements of subsection (1); and

(c)be accompanied by—

(i)a supporting statement in accordance with subsection (5), unless the Court has made an order under section 30EC(3); or

(ii)an interstate recognition certificate (if any) issued to the child; and

(d)be accompanied by the prescribed fee (if any); and

(e)be accompanied by any other documents or information reasonably required by the Registrar.

(5)A supporting statement must—

(a)be in the form approved by the Registrar; and

(b)be made by a relevant person; and

(c)state that the relevant person is of the opinion that—

(i)the application for a document that acknowledges the child's name and sex is in the best interests of the child; and

(ii)if the child is under 16 years of age, the child has capacity to consent to the acknowledgment of the child's name and sex.

(6)The 12-month requirement under subsection (1)(b) is waived if the Court has made an order under section 30EC(3).

(7)The Registrar may waive the 12-month requirement under subsection (1)(b) if the Registrar is satisfied that the document acknowledging the child's name and sex is sought for the purpose of protection of the child.

(8)In this section, relevant person means—

(a)a doctor; or

(b)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(c)a person who is a member of a prescribed class of persons.

30EBApplication made by one parent or guardian for document acknowledging child's name and sex

(1)An application under section 30EA to the Registrar for a document that acknowledges a child's name and sex may be made by one parent if—

(a)the applicant is the sole parent named in the registration of the child's birth; or

(b)there is no other surviving parent of the child; or

(c)the Court makes an order under section 30EC(3) that the Registrar issue a document that acknowledges the child's name and sex.

(2)An application under section 30EA to the Registrar for a document that acknowledges a child's name and sex may be made by the child's guardian if—

(a)the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child; or

(b)the Court makes an order under section 30EC(3) that the Registrar issue a document that acknowledges the child's name and sex.

30ECCourt order for issue of document acknowledging child's name and sex

(1)A parent of a child may apply to the Court for an order that the Registrar issue a document acknowledging the name and sex of the child under section 30F(1A).

(2)A guardian of a child may make an application under subsection (1) if the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child.

(3)The Court may make an order that the Registrar issue a document acknowledging the child's name and sex if satisfied that the issuing of the document under section 30F(1A) is in the child's best interests.

30FIssue of document acknowledging name and sex

(1)The Registrar must determine an application made under section 30E by issuing a document acknowledging the applicant's name and sex or refusing to do so.

(1A)The Registrar must determine an application made under section 30EA by issuing a document acknowledging the child's name and sex or refusing to do so.

(2)Before determining an application made under section 30E or 30EA, the Registrar may require the applicant to provide such further information or documentation as the Registrar reasonably considers is necessary.

(3)The document must not state the applicant's or the child's former sex or former name (if any).

(4)If the Registrar considers it appropriate to do so, the Registrar may include in the document any other information concerning the applicant's birth or the child's birth that the applicant has requested (in writing) be included.

(5)The document must include a statement to the effect that it is not to be taken to certify the particulars of any entry in the Register.

(6)The Registrar may refuse to issue a document acknowledging the name and sex of a person or a child if that document would acknowledge a prohibited sex descriptor.

30FANotification to registering authority of issuing of document acknowledging name and sex

If the Registrar issues a document under section 30F(1) in respect of a person whose birth is registered under a corresponding law or under section 30F(1A) in respect of a child whose birth is registered under a corresponding law, the Registrar must notify the relevant registering authority of the name and sex acknowledged in the document.

Division 2A—Acknowledgement of sex applications—detainees, prisoners, prisoners on parole, offenders and registrable offenders

30FBAcknowledgement of sex application accompanied by approval

In addition to the requirements of section 30A, 30B, 30E or 30EA, an acknowledgement of sex application made to the Registrar must be accompanied by the appropriate approval.

30FCDetermination of acknowledgement of sex application

(1)If the Registrar is satisfied that an acknowledgement of sex application is accompanied by the appropriate approval, the application must be determined in accordance with section 30C or 30F (as the case requires).

(2)The Registrar must give a copy of any refusal of an acknowledgement of sex application under section 30C or 30F to the person or body which gave the approval that accompanied the application.

30FDNotification that acknowledgement of sex application not accompanied by approval

If an acknowledgement of sex application is not accompanied by the appropriate approval, the Registrar must notify the relevant person or body whose approval was required of the failure to provide that approval by—

(a)the restricted person; or

(b)the person who applied on the restricted person's behalf.

Division 3—Other matters

30GEffect of alteration of Register, issuing of documents acknowledging name and sex and interstate recognition certificates

(1)If the record of a person's sex in the person's birth registration is altered under this Part the person is a person of the sex as altered.

(1A)If the record of a child's sex in the child's birth registration is altered under this Part, the child is a child of the sex as altered.

(1B)If a document is issued under section 30F(1) acknowledging a person's name and sex, the person is a person of the sex stated in the document.

(1C)If a document is issued under section 30F(1A) acknowledging a child's name and sex, the child is a child of the sex stated in the document.

(2)If an interstate recognition certificate is issued to a person the person is a person of the sex stated in the certificate.

(2A)If an interstate recognition certificate is issued to a child, the child is a child of the sex stated in the certificate.

(3)Subsections (1), (1A), (1B), (1C), (2) and (2A) have effect for the purposes of, but subject to, the law of Victoria.

30HRe-issue of interstate birth certificates

To avoid doubt, the validity in Victoria of a certificate that—

(a)is issued under a law of another State; and

(b)concerns the birth registration of a person—

is not affected merely because it was issued as a result of the person having undergone sex affirmation surgery.

30IRegistrar to notify Chief Commissioner of Police

(1)If—

(a)under section 63(1A) of the Sex Offenders Registration Act 2004 the Registrar has been notified of details in relation to a person; and

(b)the Registrar, at any time on or after that notification, under this Part alters the record of that person's sex in that person's birth registration or issues a document acknowledging that person's name and sex—

the Registrar must, as soon as practicable after altering the record or issuing the document, cause written notice of it to be given to the Chief Commissioner of Police.

(2)A notice under subsection (1) must state both the person's former sex and new sex and former name and new name, as the case requires.

30JRegistrar to disclose alterations of record of sex or issuing of document acknowledging name and sex

(1)This section applies if the Registrar has been notified of the details of a person by the Justice Secretary—

(a)under section 47M of the Corrections Act 1986; or

(b)under section 79H of the Corrections Act 1986; or

(c)under section 264 of the Serious Offenders Act 2018.

(2)As soon as practicable after altering the record of a person's sex in the person's birth registration or issuing a document acknowledging the person's name and sex, the Registrar must give the Justice Secretary written notice of the alteration of the record of the person's sex or the issuing of a document acknowledging the name and sex of the person.

(3)A notice under subsection (2) must include information about all alterations made to the record of the person's sex in the person's birth registration or all documents issued acknowledging the name and sex of the person.

30KRegistrar to disclose alterations to record of sex on request of Secretary

If a request is made under section 47R of the Corrections Act 1986, the Registrar must disclose to the Justice Secretary information about—

(a)all alterations made to the record of a person's sex in the person's birth registration; or

(b)all documents issued acknowledging the name and sex of the person.

PART 5—REGISTRATION OF MARRIAGES

31Cases in which registration of marriage is required

If a marriage is solemnised in the State, the marriage must be registered under this Act.

32How to have marriage registered

A person may have a marriage registered by lodging with the Registrar a certificate of the marriage under the Marriage Act 1961 of the Commonwealth or, if the marriage was solemnised before the commencement of that Act, the evidence of the marriage required by the Registrar.

33Registration of marriage

A marriage may be registered by—

(a)including the marriage certificate as part of the Register; or

(b)including particulars of the marriage in the Register.

PART 6—REGISTRATION OF DEATHS

Division 1—Cases where registration of death is required or authorised

34Deaths to be registered under this Act

(1)If a person dies in the State, the death must be registered under this Act.

(2)If a court directs the registration of a death, the death must be registered under this Act.

(3)A death may be registered under this Act if a person dies—

(a)in an aircraft during a flight to a point of disembarkation in the State; or

(b)on a vessel during a voyage to a point of disembarkation in the State.

(4)If a person who is domiciled or ordinarily resident in the State dies outside the Commonwealth, or a person dies outside the Commonwealth leaving property in the State, the death may be registered under this Act.

(5)The Registrar may refuse to register a death under subsection (3) or (4) if the death is registered under a corresponding law.

(6)If a child is still-born, the child's death is not to be registered under this Part.

35Power to direct registration of death

(1)The Court may, on application by an interested person or on its own initiative, order—

(a)the registration of a death; or

(b)the inclusion of registrable information about a death in the Register.

(2)If a court (including a court of another State or the Commonwealth) finds that—

(a)the death of a person is not registered as required under this Act or a corresponding law; or

(b)the registrable information contained in an entry about a death in the Register under this Act or a corresponding law is incomplete or incorrect—

the court may direct registration of the death or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require).

36Circumstances in which a death must not be registered

(1)The Registrar must not register a death unless the Registrar—

(a)has been given notice by a doctor under section 37(1) in relation to the death of the person; or

(b)has been given a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased person to a specified person; or

(c)has received a notice under section 49(2) of the Coroners Act 2008 containing the particulars needed to effect or complete registration of the death; or

(d)has been given notice in the form of a document issued, made or given in relation to the death under a corresponding law of another State or the Commonwealth or any other place, being a document which the Registrar is satisfied is equivalent to a notice or certificate referred to in paragraph (a), (b) or (c).

(2)Despite subsection (1), the Registrar must register the death if—

(a)registration of the death is ordered by a court; or

(b)the Registrar is of the opinion that, having regard to the circumstances of the case, it is proper that the death should be registered without any notice, certificate or order referred to in this section.

Division 2—Notification of deaths

37Notification of deaths by doctors

(1)A doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death, notify the Registrar of the death and of the cause of the death in a form and manner approved by the Registrar and specifying any prescribed particulars.

Penalty:12 penalty units.

(2)When a notice is given under subsection (1), the doctor must also give a notice in the form and manner approved by the Registrar and specifying any prescribed particulars that the death has occurred to the funeral director or other person who will be arranging for the disposal of the human remains.

Penalty:12 penalty units.

(3)However, a doctor is not required to give a notice under subsection (1) or (2) if another doctor has given the required notices.

(4)A doctor must not give a notice under subsection (1) or (2) if a coroner or police officer is required to be notified of the death under the Coroners Act 2008.

Penalty:12 penalty units.

38Notification of cause of death by coroner

(1)If a coroner is notified of a death under the Coroners Act 2008, the principal registrar of the Coroners Court must inform the Registrar as soon as practicable after receiving the notification.

(2)If a coroner releases a body under the Coroners Act 2008, makes a determination under section 16(1) or (1A) of that Act, ceases an investigation under section 17 of that Act or makes a finding about the cause of death, the principal registrar of the Coroners Court must give a copy of the release and any other information that the principal registrar is required to provide under the Coroners Act 2008, to the Registrar.

(3)The Registrar may register a death even though the death is subject to an inquest or other coronial inquiry and a finding has not been made about the cause of death.

(4)A death certificate issued before a coronial inquiry into the cause of death is completed must be endorsed with the words: "Incomplete registration—Cause of death subject to coronial inquiry".

39Notification by funeral director, etc.

(1)A funeral director or other person who arranges for the disposal of human remains must within 7 days after disposal of the remains give the Registrar a notice in the form and manner required by the Registrar specifying any prescribed particulars and including any supporting documentation required by the Registrar.

Penalty:5 penalty units.

(2)If human remains have not been disposed of within 30 days after the date of death, the funeral director or other person who has custody of the remains must give the Registrar a notice, in the form and manner required by the Registrar, specifying any prescribed particulars and including any supporting documentation required by the Registrar.

Penalty:5 penalty units.

Division 3—Registration of death

40Registration

(1)The Registrar registers a death by making an entry about the death in the Register.

(1A)The Registrar, on being notified by a doctor of a death under section 37 and in accordance with section 67 of the Voluntary Assisted Dying Act 2017, must register the death in the Register by making an entry about the death that records—

(a)the cause of death as the disease, illness or medical condition that was the grounds for a person to access voluntary assisted dying; and

(b)in the case that the Registrar is notified in accordance with section 67(1)(a)(ii) or (iii), that—

(i)the person was the subject of a voluntary assisted dying permit, and accessed voluntary assisted dying by self-administering, or being administered by the person's co‑ordinating medical practitioner the voluntary assisted dying substance specified in the permit; and

(ii)voluntary assisted dying was the manner of death.

(2)However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars.

40ANotification of death to Voluntary Assisted Dying Review Board

If the Registrar registers a death in accordance with section 40(1A), the Registrar must notify the Voluntary Assisted Dying Review Board within the meaning of the Voluntary Assisted Dying Act 2017 of—

(a)the registration of the death; and

(b)the information provided to the Registrar in accordance with section 67 of the Voluntary Assisted Dying Act 2017.

PART 7—THE REGISTER

Division 1—Keeping the Register

41The Register

(1)The Registrar must maintain a register or registers of registrable events.

(2)The Register—

(a)must contain the particulars of each registrable event required under this Act, or another law, to be included in the Register; and

(b)may contain further information if its inclusion is considered appropriate by the Registrar.

(3)The Register may be wholly or partly in the form of a computer data base, in documentary form, or in another form the Registrar considers appropriate.

(4)The Registrar must maintain the indexes to the Register that are necessary to make the information contained in the Register reasonably accessible.

Division 2—Registrar's powers of inquiry

42Registrar's powers of inquiry

(1)The Registrar may conduct an inquiry to find out—

(a)whether a registrable event has happened; or

(b)particulars of a registrable event; or

(c)whether particulars of a particular registrable event have been correctly recorded in the Register; or

(d)in the case of a death of a child—

(i)whether a reviewable death has occurred; and

(ii)if the Registrar determines that a reviewable death has occurred, whether there are any living or deceased siblings of the deceased child.

(2)The Registrar may, by notice given to a person who may be able to provide information relevant to an inquiry under this section, require the person to answer specified questions or to provide other information within a time and in a way specified in the notice.

(3)A person must not, without reasonable excuse, fail to comply with a notice under subsection (2).

Penalty:10 penalty units.

Division 3—Correction and amendment of Register

43Correction and amendment of Register

(1)The Registrar may correct the Register—

(a)to reflect a finding made on inquiry under Division 2; or

(b)to bring an entry about a particular registrable event into conformity with the most reliable information available to the Registrar of the registrable event.

(2)The Registrar must, if required by a court, correct the Register.

(3)The Registrar corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry.

(4)Subject to section 16, the Registrar may add additional registrable information to an entry in the Register.

(5)A person may apply to the Registrar for the addition, alteration or deletion of registrable information to an entry in the Register.

(6)An application under subsection (5) must be accompanied by the prescribed fee.

(7)Despite anything to the contrary in the Adoption Act 1984, the Registrar—

(a)may correct an original birth entry in respect of an adopted person; and

(b)subject to section 16, may add additional registrable information to that entry.

Division 4—Access to and certification of Register entries

44Protection of privacy

In providing information extracted from the Register, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.

45Search of Register

(1)The Registrar may, on application, search the Register for any entry about a particular registrable event.

(2)The applicant must—

(a)state the reason for the applicant's interest in the subject-matter of the search; and

(b)pay the prescribed fee (if any).

(3)The Registrar may reject the application if the applicant does not show an adequate reason for wanting the information to which the application relates.

(4)In deciding whether an applicant has an adequate reason for wanting information, the Registrar must have regard to—

(a)the relationship (if any) between the applicant and the person to whom the information relates; and

(b)the age of the entry; and

(c)the contents of the entry; and

(d)other relevant factors.

45AApplication for integrated birth certificate

(1)Without limiting section 45, an adopted person may apply under that section for a search of the Register for any entry about the registrable events of the person's birth and adoption and the issue of an integrated birth certificate to the person if—

(a)the person is 18 years of age or over; and

(b)the person's birth is registered in Victoria; and

(c)the person's adoption is registered in Victoria, regardless of whether the person was adopted in Victoria.

Note

Sections 72 and 73 of the Adoption Act 1984 provide for registration in Victoria of certain adoptions made in another State, a Territory or another country.

(2)Despite section 45(2)(b), no fee is payable for the first application made by an adopted person for an integrated birth certificate.

46Issue of certificate

(1)On completing a search of the Register and on payment by the applicant of the prescribed fee (if any), the Registrar may issue a certificate—

(a)certifying particulars contained in an entry; or

(b)certifying that no entry was located in the Register about the relevant registrable event.

(2)A certificate under subsection (1)(a) is admissible in legal proceedings as evidence of—

(a)the entry to which the certificate relates; and

(b)the facts recorded in the entry.

46AIssue of integrated birth certificate

(1)Without limiting section 46, in the case of an application for an integrated birth certificate, the Registrar may issue an integrated birth certificate under that section to the adopted person that contains the following registrable information included in the Register about the person's birth and adoption—

(a)any registrable information about the parents recorded in the person's original birth entry;

(b)the date of the adoption;

(c)any registrable information about the parents recorded in the person's adoption entry;

(d)any other prescribed registrable information.

(2)Despite section 46(1), no fee is payable for the first issue of an integrated birth certificate to an adopted person.

47Access policies

(1)The Registrar must maintain a written statement of the policies on which access to information contained in the Register is to be given or denied under this Division.

(2)The Registrar must give a copy of the statement, on request, to any person.

48Access to Register

(1)The Registrar may, on conditions the Registrar considers appropriate—

(a)allow a person or organisation that has an adequate reason for wanting access to the Register, access to the Register; or

(b)provide a person or organisation that has an adequate reason for wanting information from the Register, with information extracted from the Register.

(2)In deciding whether an applicant has an adequate reason for wanting access to the Register, or information extracted from the Register, the Registrar must have regard to—

(a)the nature of the applicant's interest; and

(b)the sensitivity of the information (in particular, whether it concerns a birth registration that has been altered under Part 4A); and

(c)the use to be made of the information; and

(d)other relevant factors.

(3)In deciding the conditions on which access to the Register, or information extracted from the Register, is to be given under this section, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.

(4)Nothing in this section limits the powers of the Registrar under section 79C of the Adoption Act 1984.

48ARequirement to provide information to Donor Conception Registrar or Secretary

(1)On the request of the Donor Conception Registrar, the Registrar must provide to the Donor Conception Registrar any information extracted from the Register that is necessary for the performance of the Donor Conception Registrar's functions or the exercise of the Donor Conception Registrar's powers under the Assisted Reproductive Treatment Act 2008.

(2)On the request of the Secretary to the Department of Health, the Registrar must provide to the Secretary any information extracted from the Register that is necessary for the performance of the Secretary's functions or the exercise of the Secretary's powers under the Assisted Reproductive Treatment Act 2008.

49Power to remit fees

The Registrar may, in appropriate cases, remit the whole or part of a fee under this Act.

Division 4A—Information relating to child deaths, still-births and maternal deaths

49ARegistrar's obligations in relation to the death of a child

(1)If the Registrar receives information in relation to the death of a child, the Registrar—

(a)must search the Register to determine whether the death is a reviewable death; and

(b)must, if the Registrar determines that the death is a reviewable death, search the Register to determine whether there are living siblings of the deceased child; and

(c)may arrange for a search of a register of another State or Territory to determine the matters set out in paragraphs (a) and (b).

(2)If the Registrar determines that the death is a reviewable death, the Registrar must advise—

(a)the State Coroner as to the result of the searches under subsection (1) for the purposes of enabling the Coroner to perform his or her functions under the Coroners Act 2008; and

(b)the Council for the purpose of enabling the Council to perform its functions under the Health Act 1958.

(3)Despite section 44, if information referred to in this section was obtained from a register of another State or Territory, the advice under subsection (2) must identify which register provided the information.

49BRegistrar's obligations in relation to a still-birth, the death of a child or a maternal death

(1)Despite anything to the contrary in any Act or law, if the Registrar has been given notice under this Act of a still-birth or of the death of a child or a maternal death, the Registrar must notify the Council of the death and forward to the Council—

(a)in relation to a still-birth, any medical certificate in his or her possession or under his or her control relating to the still-birth;

(b)in relation to a neonatal death—

(i)any medical certificate in his or her possession or under his or her control relating to the death; and

(ii)a certificate of death;

(c)in relation to the death of a child who died between 28 days and 18 years of age—

(i)any medical certificate in his or her possession or under his or her control relating to the death of that child; and

(ii)a certificate of death;

(d)in relation to a maternal death—

(i)any medical certificate in his or her possession or under his or her control relating to the death; and

(ii)the information requested by the Council which is necessary to enable the Council to perform its functions and appears on the certificate of death.

(2)In this section, maternal death has the same meaning as it has in section 46(3) of the Public Health and Wellbeing Act 2008.

Division 5—Additional information and services

50Registrar may collect other information

(1)Despite anything to the contrary in this Act, the Registrar may maintain records of information, other than registrable information relating to registrable events.

(2)Records maintained under this section must be kept separately from the Register.

(3)The Registrar may include information in the records maintained under this section at the request of a person interested in the registrable event to which it relates or on the Registrar's own motion.

(4)Sections 44 and 48(3) apply to records maintained under this section as if they were part of the Register.

51Additional services in relation to information in Register and other information

(1)The Registrar may enter into an arrangement for the provision of additional services in connection with the provision of services relating to a registrable event, including, but not limited to—

(a)the provision of information in the form of a decorative certificate or other document; and

(b)the provision of information from records maintained under section 50 relating to the registrable event.

(2)The Registrar may enter into an arrangement for the provision of information from records maintained under section 50 or the Register including historical or genealogical information.

(3)If the Registrar provides a service or an additional service under this section, the Registrar may make a charge for the service determined by the Registrar, in his or her absolute discretion, which does not necessarily bear a relation to the cost of providing the service.

(4)In providing a service or an additional service, the Registrar must comply with sections 44 and 48(3).

PART 8—GENERAL POWER OF REVIEW

52Review by Victorian Civil and Administrative Tribunal

(1)A person whose interests are affected by a decision of the Registrar under this Act may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

PART 9—MISCELLANEOUS

53False representation

A person must not make a false or misleading representation in an application or document under this Act, knowing it to be false or misleading.

Penalty:20 penalty units.

54Unauthorised access to or interference with Register

A person must not, without the authority of the Registrar or other lawful authority—

(a)obtain access to the Register or information contained in the Register; or

(b)make, alter or delete an entry in the Register; or

(c)interfere with the Register in any other way.

Penalty:100 penalty units or 2 years imprisonment or both.

55Falsification of certificate, etc.

(1)A person must not forge the Registrar's signature or seal.

Penalty:100 penalty units or 2 years imprisonment or both.

(2)A person must not forge or falsify a certificate or other document under this Act.

Penalty:100 penalty units or 2 years imprisonment or both.

(3)The Registrar may impound—

(a)a document which the Registrar has reason to believe bears a forged impression of the Registrar's signature or seal; or

(b)a certificate or other document purporting to be a certificate or other document under this Act which the Registrar has reason to believe has been forged or falsified; or

(c)a certificate under this Act about a registrable event if the entry in the Register about the event has been cancelled or corrected since the issue of the certificate.

56Registrar to provide certain information to Minister

The Registrar must provide to the Minister for inclusion in the report of operations of the Department of Justice and Community Safety for a financial year under Part 7 of the Financial Management Act 1994 a report of—

(a)the number of registrable events registered during that financial year; and

(b)the number of occasions on which the Registrar issued a document under section 30F during that financial year.

57Records relating to period before 18 January 1853

(1)Every register, book of entries or register book of baptisms, marriages or burials solemnised in the district of Port Phillip of the Colony of Victoria before 18 January 1853 forwarded to the Registrar under section 31 of the Marriage Act 1898 is to be kept by the Registrar as a permanent record.

(2)Any copy verified and forwarded to the Registrar under section 31 of the Marriage Act 1898 is prima facie evidence of all entries contained in the register, book of entries or register book.

(3)A person who has possession of any register, book of entries or register book which has not been forwarded under section 31 of the Marriage Act 1898 must, during normal business hours, on payment of the prescribed fee, permit any person to inspect any entry and on request supply a certified copy of the entry to that person.

58Power to require and take statutory declarations

The Registrar—

(a)may require that information be given by statutory declaration; and

(b)is authorised to take any statutory declarations required for the purposes of this Act.

59Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)prescribing fees or a basis for calculating fees for—

(i)access to the Register; or

(ii)a search of the Register; or

(iii)the issue of a certificate following a search of the Register; or

(iv)other services provided by the Registrar;

(b)generally prescribing any other matter or thing required or permitted to be prescribed or necessary to be prescribed for the purposes of this Act.

(2)A regulation may impose a penalty not exceeding 20 penalty units for contravention of the regulations.

(3)Regulations made under this Act—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstance;

(c)may require the making of a statutory declaration.

PART 10—REPEALS, TRANSITIONAL PROVISIONS AND AMENDMENTS TO OTHER ACTS

60Repeal of Registration of Births Deaths and Marriages Act 1959

The Registration of Births Deaths and Marriages Act 1959 is repealed.

61Regulations revoked

The Births Deaths and Marriages (Prescribed Forms and Procedures) Regulations 1986 are revoked.

62The Register

The registers maintained under section 41 of the Registration of Births Deaths and Marriages Act 1959 form part of the Register under this Act.

63Superseded references

On and after the commencement of this section, unless inconsistent with the context or subject-matter, in any Act (other than this Act), subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any other document whatever, a reference to—

(a)the Registration of Births Deaths and Marriages Act 1959 is deemed to be a reference to the Births, Deaths and Marriages Registration Act 1996; and

(b)the Registrar of Births, Deaths, Marriages and Names is deemed to be a reference to the Registrar of Births, Deaths and Marriages; and

(c)any register kept and maintained under section 41 of the Registration of Births Deaths and Marriages Act 1959 is deemed to be a reference to the corresponding register in the Register established under Part 7 of this Act.

64Transitional—Courts and Other Justice Legislation Amendment Act 2013

(1)Despite the amendment of section 25 by the Courts and Other Justice Legislation Amendment Act 2013, section 25, as in force before the commencement of section 12 of that Act, continues to apply in respect of any application for a change of name made before that commencement.

(2)Despite the amendment of section 26 by the Courts and Other Justice Legislation Amendment Act 2013, section 26, as in force before the commencement of section 13 of that Act, continues to apply in respect of any application for a change of a child's name made before that commencement.

65Transitional provision—Births, Deaths and Marriages Registration Amendment Act 2019

(1)This section applies if—

(a)an application has been made under section 30A or 30E before the substitution of each section by the Births, Deaths and Marriages Registration Amendment Act 2019; and

(b)the Registrar has not determined the application before that substitution.

(2)Subject to this section, despite the amendments made by the Births, Deaths and Marriages Registration Amendment Act 2019, the application is to be determined in accordance with Part 4A of this Act as if that Part had not been amended by the Births, Deaths and Marriages Registration Amendment Act 2019.

(3)Before the Registrar determines an application made under section 30A or 30E to which this section applies the Registrar may ask the applicant to nominate a sex descriptor.

(4)The Registrar may refuse to alter the record of the applicant's sex in the applicant's birth registration if the alteration would result in the recorded sex being a prohibited sex descriptor.

(5)The Registrar may refuse to issue a document acknowledging the name and sex of the applicant if that document would acknowledge a prohibited sex descriptor.

*                *                *                *                *

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 17 October 1996

Legislative Council: 13 November 1996

The long title for the Bill for this Act was "to re-enact with amendments the law relating to births, deaths and marriages in Victoria, to repeal the Registration of Births Deaths and Marriages Act 1959 and for other purposes."

The Births, Deaths and Marriages Registration Act 1996 was assented to on 26 November 1996 and came into operation as follows:

Part 1 (sections 1–4) on 26 November 1996: section 2(1); rest of Act on 2 October 1997: Government Gazette 2 October 1997 page 2731.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

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

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Births, Deaths and Marriages Registration Act 1996 by Acts and subordinate instruments.

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

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 9) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 12) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration (Amendment) Act 2004, No. 29/2004

Assent Date:	1.6.04
Commencement Date:	1.1.05: s. 2(2)
CurrentState:	All of Act in operation

Death Notification Legislation (Amendment) Act 2004, No. 36/2004

Assent Date:	8.6.04
Commencement Date:	Ss 16–19 on 26.11.04: Special Gazette (No. 246) 26.11.04 p. 1
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 19) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Sex Offenders Registration (Amendment) Act 2005, No. 34/2005

Assent Date:	21.6.05
Commencement Date:	Ss 28, 29 on 1.8.05: Government Gazette 28.7.05 p. 1642
CurrentState:	This information relates only to provision/s amending the Births, Deaths and Marriages Registration Act 1996

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 5) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 4) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 247 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:	11.12.08
Commencement Date:	Ss 149–154 on 1.1.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 3) on 1.11.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 34 on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 47 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 6) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013

Assent Date:	19.11.13
Commencement Date:	Ss 12–14 on 1.7.14: Special Gazette (No. 17) 28.1.14 p. 1
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 5) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment (Succession and Surrogacy) Act 2014, No. 80/2014

Assent Date:	21.10.14
Commencement Date:	Ss 42, 43 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016

Assent Date:	1.3.16
Commencement Date:	Ss 38–40 on 1.3.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Voluntary Assisted Dying Act 2017, No. 61/2017

Assent Date:	5.12.17
Commencement Date:	Ss 119, 120 on 19.6.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 15) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	Ss 4–7 on 12.10.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	S. 15 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019

Assent Date:	3.9.19
Commencement Date:	Ss 4–20 on 1.5.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	S. 47 on 1.6.22: s. 2(1); ss 41–46 on 5.10.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	Ss 43, 44 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date:	29.10.24
Commencement Date:	Ss 81–83 on 1.1.25: Special Gazette (No. 700) 17.12.24 p. 1
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 8, 9 on 9.9.25: Special Gazette (No. 455) 26.8.25 p. 1
Current State:	This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

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

3   Explanatory details

No entries at date of publication.