Births, Deaths and Marriages Registration Act 1997 (ACT)
Births, Deaths and Marriages Registration Act 1997
A1997-112
Republication No 38
Effective: 3 November 2025
Republication date: 3 November 2025
Last amendment made by A2024‑31
(republication for amendments by A2024-24)
About this republication
The republished law
This is a republication of the Births, Deaths and Marriages Registration Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 3 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Births, Deaths and Marriages Registration Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of adult and child 3
4AOffences against Act—application of Criminal Code etc 3
Part 2 Registration of births
Division 2.1 Notification of births
4B Meaning of birth parent—pt 2 4
5 Notification of births 4
Division 2.2 Registration of births
6 Meaning of birth registration statement for div 2.2 5
7 When registration of birth is required or authorised 6
8 Responsibility to have birth registered 6
9 How to have the birth of a child registered 7
10 Obligation to have birth registered 8
11 How births are registered 8
12 Name of child 9
13 Dispute about child’s name 9
14 Registration of parentage details 9
15 Jurisdiction of Supreme Court to order registration of birth 10
Division 2.3 Alteration of details of birth registration
16 Addition or alteration of details of parentage after registration of birth 10
Division 2.4 Intended parent information
16A Registration of parentage order 13
16B Re-registration of birth if parentage order made 13
Part 3 Change of name
Division 3.1 Change of name—generally
17 Change of name by registration 15
18 Application to register change of adult’s name 15
19 Application by parent to register change of child’s name 15
19A Application by young person to register change of given name 17
20 Registration of change of name 18
21 Change of name entries in register 19
22 Change of name may still be established by repute or usage 20
Division 3.2 Change of name—restricted people
22A Definitions—div 3.2 21
22B Application for approval for restricted person to make change of name application 22
22C Decision on s 22B application 22
22D Notice of decision 23
22E Offences—restriction on change of name application by restricted person etc 23
22F Registrar-general must not register change of name without relevant director-general’s approval 24
22G Registrar-general may correct register 24
22H Information-sharing 24
22I Protection of security sensitive information 25
22J ACAT or court review—security sensitive information 26
Part 4 Change of sex
Division 4.1 People with birth registered in the ACT
24 Application to alter register to record change of sex 27
25 Evidence in support of application 28
26 Alteration of register 29
27 Showing information about sex on birth certificate 29
28 Use of old birth certificate to deceive 30
29 Entitlement not affected by change of sex 31
Division 4.2 ACT residents with birth registered elsewhere
29A Application for recognised details certificate 31
29B Evidence in support of application for recognised details certificate 33
29C Issue of recognised details certificate 33
29D Effect of recognised details certificate and interstate recognised details certificate 34
Division 4.3 Nominating sex in applications under this part
29DA Nominating sex in applications under this part 34
Part 4A ACAT leave for certain applications
29E Application by young person for leave to apply for change of given name or sex etc 36
29EA Copy of birth certificate for ACAT 37
29F Notification about application 37
29G ACAT hearing an application for leave etc 39
29H ACAT deciding an application for leave 41
29I Copy of order for registrar-general 42
Part 5 Registration of marriages
30 When registration of marriages is required 43
31 How to have a marriage registered 43
32 How marriages are registered 43
Part 5A Civil unions
32A Registration of civil union 44
32B How civil union is registered 44
32C Particulars of end of civil union 45
Part 5B Civil partnerships
32D Particulars of civil partnership 46
32E Particulars of end of civil partnership 46
Part 6 Registration of deaths
Division 6.1 When registration of deaths is required or authorised
33 When registration to happen 47
34 Circumstances in which deaths are not to be registered 48
Division 6.2 Notification and registration of deaths
35 Notification of deaths by doctors 48
36 Certificates of deaths subject to inquests 49
37 Notification by funeral directors etc 49
38 How deaths are registered 51
38A Information about tissue donation 52
Part 7 The register and other records
Division 7.1 Keeping the register
39 The register 53
40 Correction of register 53
Division 7.2 Inquiries
41 Registrar-general’s powers of inquiry 54
Division 7.3 Access to, and certification of, register entries
42 Access to register 55
43 Search of register 56
44 Protection of privacy 57
45 Issue of certificates 57
46 Access policies 59
Division 7.4 Additional information and services
47 Registrar-general may collect other information 59
48 Additional services 60
Division 7.5 Offences
50 Unauthorised access to, or interference with, register 61
51 Confiscation of forged etc instruments 61
52 Confiscation of erroneous or false instruments 62
Part 8 Notification and review of decisions
53 Meaning of reviewable decision—pt 8 64
54 Reviewable decision notices 64
55 Applications for review 65
Part 10 Miscellaneous
65 Certificate evidence 66
66 Arrangements with States and other Territories 67
67 Determination of fees 68
68 Power to remit fees 68
69 Approved forms 68
70 Regulation-making power 68
Schedule 1 Reviewable decisions 70
Dictionary71
Endnotes
1 About the endnotes 74
2 Abbreviation key 74
3 Legislation history 75
4 Amendment history 81
5 Earlier republications 93
6 Expired transitional or validating provisions 95
Births, Deaths and Marriages Registration Act 1997
An Act relating to the registration of births, deaths, marriages, civil unions, civil partnerships and changes of name and sex, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Births, Deaths and Marriages Registration Act 1997.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘reviewable decision, for part 8 (Notification and review of decisions)—see section 53.’ means that the term ‘reviewable decision’ is defined in that section for part 8.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Meaning of adult and child
In this Act:
adult means a person who—
(a)is at least 18 years old; or
(b)is under 18 years old, but is or has been married or in a civil union.
child means a person other than an adult, and includes a stillborn child.
4AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Registration of births
Division 2.1 Notification of births
4BMeaning of birth parent—pt 2
In this part:
birth parent, of a child, means the person who gave birth to the child.
Notification of births
(1)If a child is born in the ACT, the responsible person must give the registrar-general written notice of the birth in accordance with subsection (2).
Maximum penalty: 5 penalty units.
(2)The notice must—
(a)include the particulars prescribed by regulation and be accompanied by any certificate required to be given to or by the relevant doctor under subsection (4); and
(b)be given to the registrar-general within—
(i)for a child born alive—7 days after the day of the birth; or
(ii)for a stillbirth—48 hours after the birth.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)In subsection (1):
responsible person means—
(a)if the child was born in a hospital or brought to a hospital within 24 hours after the birth—the chief executive officer of the hospital; or
(b)in any other case—the doctor or midwife responsible for the professional care of the birth parent at the birth.
(4)If the birth is a stillbirth, a relevant doctor must, within 48 hours after the birth, give a certificate of the cause of fetal death to—
(a)if the stillbirth was in a hospital or the body of the stillborn child was brought to a hospital within 24 hours after the birth—the chief executive officer of the hospital; or
(b)in any other case—the doctor or midwife responsible for the professional care of the birth parent at the birth.
Maximum penalty: 5 penalty units.
NoteIf a form is approved under s 69 for a certificate, the form must be used.
(5)In subsection (4):
relevant doctor means—
(a)the doctor responsible for the professional care of the birth parent at the birth; or
(b)a doctor who examined the body of the stillborn child after the birth.
(6)An offence against this section is a strict liability offence.
(7)Subsection (4) does not apply if the relevant doctor believed, on reasonable grounds, that another doctor had given the required certificate.
Division 2.2 Registration of births
Meaning of birth registration statement for div 2.2
In this division:
birth registration statement means a statement for this division.
NoteIf a form is approved under s 69 for a statement, the form must be used.
When registration of birth is required or authorised
(1)If a child is born in the ACT, the birth is to be registered under this Act.
(2)The birth of a child may be registered under this Act if the child—
(a)is born outside Australia; and
(b)is to become a resident of the ACT.
(3)If a child is born in an aircraft during a flight to an airport in the ACT, the birth may be registered under this Act.
(4)The birth of a child who is born outside Australia may not be registered under this Act if it is registered under a corresponding law.
(5)Despite subsection (1), the birth of a stillborn child need not be registered if the child showed no sign of a heartbeat before 20 weeks gestation.
Responsibility to have birth registered
(1)The parents of a child (other than a child mentioned in subsection (2) or (4)) are responsible for having the child’s birth registered under this Act.
(2)The birth parent of a stillborn child who showed no sign of a heartbeat before 20 weeks gestation—
(a)is solely responsible for deciding whether to register the birth of the child; but
(b)must consult the other parent of the child before making the decision.
(3)However, the birth parent is not required to consult the other parent if it is not reasonably practicable or appropriate in the circumstances to consult the other parent.
Examples
1 the other parent is not contactable
2 the other parent’s identity is not known
3 the terms of an agreement state that the other parent must not be contacted
4 there is a risk of family or personal violence against the birth parent or another person
(4)If a child is a foundling, the person who has custody of the child is responsible for having the child’s birth registered under this Act.
How to have the birth of a child registered
(1)A person has the birth of a child registered under this Act by signing and lodging with the registrar-general a birth registration statement that sets out the particulars that the registrar-general requires for the purpose of registering the birth.
(2)However, the registrar-general may accept a birth registration statement—
(a)that is signed by only 1 of the parents, if satisfied that—
(i)it is not practicable to obtain the signature of the other parent; or
(ii)the parent who signed is the birth parent of a stillborn child, who has decided under section 8 (2) to register the birth of the child; or
(b)that does not set out particulars required under subsection (1), if satisfied that it is not practicable to obtain the missing particulars.
(3)If the registrar-general accepts a birth registration statement for a child under subsection (2), a person’s obligation to have the child’s birth registered under this Act is taken to be discharged.
(4)The registrar-general must not accept a birth registration statement from a person who is not responsible for having a child’s birth registered under this Act unless the registrar‑general is satisfied that—
(a)the person lodging the statement has knowledge of the particulars set out in the statement; and
(b)neither of the child’s parents is able or likely to lodge a birth registration statement.
(5)The registrar-general must not refuse to accept a birth registration statement only because it is not lodged within 6 months after the day of the birth.
Obligation to have birth registered
(1)A person responsible for having the birth of a child registered must lodge a birth registration statement acceptable to the registrar‑general with the registrar-general within 6 months after the day of the birth.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
How births are registered
(1)The registrar-general must register a birth by making in the register an entry relating to the birth that includes the name of the child and, subject to section 14, the prescribed particulars.
(2)However, if not all the prescribed particulars are available to the registrar-general, the registrar-general may register a birth by including in the entry the prescribed particulars that are available to the registrar-general.
Name of child
The registrar-general must assign a name to a 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-general that they are unable to agree on the child’s name.
Dispute about child’s name
(1)If there is a dispute between the parents of a child about the child’s name, either parent may apply to the Magistrates Court for a resolution of the dispute.
(2)On an application under subsection (1), the Magistrates Court may—
(a)resolve the dispute about the child’s name as the court considers appropriate; and
(b)order the registrar-general to register the child’s name in a form specified in the order.
Registration of parentage details
On registration of a child’s birth, the registrar-general must not include information about the identity of a child’s parent in the register unless—
(a)the information is contained in a document lodged under section 5 in relation to the child; or
(b)the parents of the child apply for the inclusion of the information; or
(c)a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent is dead or cannot join in the application because the other parent cannot be found or for any other reason; or
(d)a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent does not dispute the correctness of the information; or
(e)the registrar-general is entitled under an Act or a law of a State, the Commonwealth or another Territory to make a presumption about the identity of a parent of the child; or
(f)the inclusion of the information is authorised by regulation.
Jurisdiction of Supreme Court to order registration of birth
The Supreme Court may, on the application of an interested person or on its own initiative, order—
(a)the registration of a birth; or
(b)the inclusion of information relating to a birth or a child’s parent in the register.
Division 2.3 Alteration of details of birth registration
Addition or alteration of details of parentage after registration of birth
(1)The registrar-general must include information about a child’s parent in the register after registration of the child’s birth if—
(a)the parents of the child apply for the inclusion of the information; or
(b)a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent is dead or cannot join in the application because the other parent cannot be found or for any other reason; or
(c)a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent does not dispute the correctness of the information; or
(d)the Supreme Court orders the inclusion of the information; or
(e)a court makes a finding that a particular person is a parent of the child; or
(f)the registrar-general is entitled under an Act or a law of a State, the Commonwealth or another Territory to make a presumption about the identity of a parent of the child; or
(g)the inclusion of the information is authorised by regulation.
(2)On application, the registrar‑general must alter any of the following information about a child’s parent in the register after registration of the child’s birth:
(a)the name of a parent whose change of name is registered under this Act or a corresponding law;
(b)the words used to describe a parent’s relationship with the child.
(3)An application to alter information may be made by—
(a)both parents; or
(b)1 parent if—
(i)the information is about the parent and the registrar‑general is satisfied that the other parent—
(A)is dead or cannot join in the application because the other parent cannot be found or for any other reason; or
(B)does not dispute the correctness of the information; or
(ii)the only alteration is to use the word ‘parent’ to describe the parent’s relationship with the child.
(4)However, if the child is at least 14 years old, the registrar‑general must not alter the information unless—
(a)the registrar‑general is satisfied that the child consents to the alteration; or
(b)the only alteration is to use the word ‘parent’ to describe either or both parent’s relationship with the child.
(5)An application to the registrar-general for the addition or alteration of registrable information in the register must—
(a)be made in writing; and
(b)include the information required by the registrar-general; and
(c)if the registrar-general requires verification of the information in the application—be accompanied by a statement verifying the information and any other evidence that the registrar‑general requires.
Note 1If a form is approved under s 69 for this provision, the form must be used.
Note 2A fee may be determined under s 67 for this provision.
Note 3It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(6)On application by an interested person, the Supreme Court may order that the register be amended—
(a)by omitting or adding specified information about a child’s parentage; or
(b)by adding information that relates to the marriage, civil union or civil partnership of the child’s parents.
(7)This section does not limit section 40 (Correction of register).
Division 2.4 Intended parent information
16ARegistration of parentage order
(1)If the registrar-general receives a sealed copy of a parentage order made under the Parentage Act 2004, section 28H, or a corresponding parentage law, the registrar-general must register the order.
(2)The registrar-general must keep an index of registered parentage orders.
(3)The registrar-general must bring this division to the notice of anyone providing information to the registrar-general about the birth of a child about whom a parentage order has been made.
16BRe-registration of birth if parentage order made
(1)If the registrar-general receives a sealed copy of a parentage order mentioned in section 16A (1) for a child whose birth is registered under this Act, the registrar-general must re-register the birth of the child by entering in the register—
(a)particulars, from the copy of the parentage order, of—
(i)the child’s name after the order was made; and
(ii)the child’s sex, date and place of birth; and
(iii)the intended parent or intended parents of the child in whose favour the order was made; and
(b)a notation to the entry, signed and dated by the registrar-general, to the effect that the birth of the child is registered under this subsection.
(2)On re-registering the birth of a child under subsection (1), the registrar-general must sign and date a notation, written on the page of the register that contains the original entry of the birth, to the effect that the birth of the child has been re-registered under subsection (1) on a stated page of the register.
(3)If a parentage order relates to a child who has previously been adopted, the registrar-general must re-register the birth of the child as if the entry relating to the adoption were the original entry of the child’s birth.
Part 3Change of name
Division 3.1 Change of name—generally
Change of name by registration
A person’s name may be changed by registration of the change under this part.
Application to register change of adult’s name
A person who is an adult may apply to the registrar-general for registration of a change of the person’s name if—
(a)the person is domiciled or resident in the ACT; or
(b)the person’s birth is registered in the ACT.
Note 1If a form is approved under s 69 for an application, the form must be used.
Note 2A fee may be determined under s 67 for this section.
Application by parent to register change of child’s name
(1)The parents of a child may apply to the registrar-general for registration of a change of the child’s name if—
(a)the child is domiciled or resident in the ACT; or
(b)the child’s birth is registered in the ACT.
Note 1If a form is approved under s 69 for an application, the form must be used.
Note 2A fee may be determined under s 67 for this section.
(2)An application for registration of a change in a child’s name may be made by 1 parent if—
(a)the applicant is the sole parent named in the register or in a register kept under a corresponding law or the law of any place outside Australia; or
(b)the applicant is the only person with parental responsibility for decisions about the child’s name until the child is 18 years old; or
(c)there is no other surviving parent of the child; or
(d)for a child whose birth is registered in the ACT, the child’s name––
(i)has been changed under a law of the Commonwealth or a corresponding law; or
(ii)should be changed having regard to an order or finding of any court in Australia; or
(e)the Supreme Court has approved under subsection (3) the proposed change of name.
Examples—par (b)
· all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· parental responsibility for making decisions about major long‑term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· long‑term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008
(3)The Supreme 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.
(4)The Supreme Court must not dispose of an application under subsection (3) unless satisfied that the registrar-general has been notified of the application.
(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, a person with parental responsibility for the child may apply for registration of a change of the child’s name.
NoteA fee may be determined under s 67 for this section.
19AApplication by young person to register change of given name
A young person may apply to the registrar-general for registration of a change of any of the person’s given names if—
(a)either—
(i)the young person is domiciled or resident in the ACT; or
(ii)the young person’s birth is registered in the ACT; and
(b)the young person is—
(i)at least 14 years old; or
(ii)at least 12 years old, but not yet 14 years old and—
(A)the parents of the young person consent to the application; or
(B)if it is not practicable or reasonable to obtain the consent of both parents—1 parent consents to the application; or
(C)if a circumstance prescribed by regulation applies—a stated person with parental responsibility for the young person consents to the application; or
(iii)not yet 14 years old and the ACAT has granted leave under part 4A (ACAT leave for certain applications) for the young person to apply.
NoteA fee may be determined under s 67 for this provision.
Registration of change of name
(1)The registrar-general must register a change of name.
(2)However, the registrar-general must not register a change of name unless satisfied—
(a)of the identity and age of the person whose name is to be changed; and
(b)that the change is not sought for a fraudulent or other improper purpose; and
(c)if the application is under section 19 and relates to a child who is at least 14 years old (other than a young person mentioned in paragraph (d))—that the child either consents to the change of name or cannot understand the meaning or implications of the change of name; and
(d)if the application is for registration of a change of any of a young person’s given names under section 19, and the application relates to a young person who has been granted leave by the ACAT for registration of a change of any of the young person’s given names under section 29H—that the young person consents to the change of given name.
(3)Also, the registrar-general may require the applicant to provide any evidence that is necessary to satisfy the registrar-general—
(a)that any particular or information set out in the application is correct; or
(b)of any matter mentioned in subsection (2).
(4)The registrar-general must register a change of name if satisfied that the name of a person whose birth is registered in the ACT––
(a)has been changed under a law of the Commonwealth or a corresponding law; or
(b)should be changed having regard to an order or finding of any court in Australia.
(5)Subject to subsection (4) and section 19 (3), the registrar-general must not register a change of name if, as a result of the change, the name would become a prohibited name.
Change of name entries in register
(1)This section applies if the registrar-general registers a change of name for a person whose birth is registered in the ACT or under a corresponding law.
(2)The registrar-general must—
(a)either—
(i)if the person’s birth is registered in the ACT—
(A)alter the register by changing the person’s name in the entry relating to the person’s birth; or
(B)if the applicant for registration of the change of name asks the registrar-general to note the change of name in the particulars of the person’s birth—note the change of name in the entry relating to the person’s birth; or
(ii)if the person’s birth is registered under a corresponding law—notify the relevant registering authority of the change of name; and
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(b)include in the register any particulars prescribed by regulation.
NoteA fee may be determined under s 67 for this section.
(3)Any birth certificate issued by the registrar-general for the person must—
(a)if the register is altered under subsection (2) (a) (i) (A)—show the person’s name as changed on the front side of the certificate; or
(b)if the change of name is noted in the register under subsection (2) (a) (i) (B)—note the person’s name as changed on the reverse side of the certificate.
(4)Also, a birth certificate issued by the registrar-general for the person must not show the person’s former name if—
(a)the person’s name was changed under subsection (2) (a) (i) (A); and
(b)any of the following people requests, in writing, that the person’s former name not be shown:
(i)the person;
(ii)if the person is a child—a parent of, or a person with parental responsibility for, the person;
(iii)a person prescribed by regulation; and
(c)the registrar-general is satisfied that the request is made to protect a person’s privacy; and
(d)for a request that relates to a child who is at least 14 years old—the registrar-general is satisfied that the child either consents to the request or cannot understand the meaning or implications of the request.
NoteSection 27 deals with showing a person’s sex on a birth certificate.
Change of name may still be established by repute or usage
This part does not prevent a change of name by repute or usage.
Division 3.2 Change of name—restricted people
22ADefinitions—div 3.2
In this division:
change of name application, in relation to a restricted person, means an application under this Act, division 3.1, or a law of another jurisdiction corresponding to this Act, for registration of a change of the restricted person’s name.
corresponding parole law—see the Crimes (Sentence Administration) Act 2005, section 162.
relevant director-general means—
(a)for a restricted person serving a sentence of imprisonment—the director-general of the administrative unit responsible for the Corrections Management Act 2007; or
(b)for a restricted person the subject of a parole order under the Crimes (Sentence Administration) Act 2005 or a corresponding parole law—the director-general of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.
restricted person means a person who—
(a)is serving a sentence of imprisonment (including by full‑time detention, intensive correction order, drug and alcohol treatment order or release on licence); or
(b)is the subject of a parole order under the Crimes (Sentence Administration) Act 2005 or a corresponding parole law.
22BApplication for approval for restricted person to make change of name application
A restricted person may apply, in writing, to the relevant director‑general for approval to make a change of name application.
Note 1If a form is approved under s 69 for an application, the form must be used.
Note 2A fee may be determined under s 67 for an application.
22CDecision on s 22B application
(1)Within 30 days after the day the relevant director-general receives an application mentioned in section 22B, the relevant director‑general must—
(a)approve the application; or
(b)refuse the application.
(2)The relevant director-general may approve the application only if satisfied that the proposed change of name is in all the circumstances necessary or reasonable.
(3)However, the relevant director-general must not approve the application if satisfied that the proposed change of name would, if registered, be reasonably likely to—
(a)adversely affect the security, discipline or good order of any premises or facility at which the restricted person is held or accommodated; or
(b)jeopardise the restricted person’s or another person’s health or safety; or
(c)be used to further an unlawful activity or purpose; or
(d)be used to evade or hinder the supervision of the restricted person; or
(e)be regarded as offensive by a victim of crime or an appreciable sector of the community.
22DNotice of decision
If the relevant director-general makes a decision on an application mentioned in section 22B, the relevant director-general must give written notice of the decision to—
(a)the person who made the application; and
(b)the registrar-general.
NoteWritten notice of the decision must be given to the person and the registrar-general as soon as possible (see Legislation Act, s 151B).
22EOffences—restriction on change of name application by restricted person etc
(1)A restricted person commits an offence if—
(a)the person makes a change of name application; and
(b)the relevant director-general has not approved the making of the application under section 22C.
Maximum penalty: 5 penalty units.
(2)A person commits an offence if—
(a)the person, on behalf of a restricted person, makes a change of name application; and
(b)the relevant director-general has not approved the making of the application under section 22C.
Maximum penalty: 5 penalty units.
(3)An offence against this section is a strict liability offence.
22FRegistrar-general must not register change of name without relevant director-general’s approval
The registrar-general must not register a change of name under section 20 if the registrar-general—
(a)knows that the change of name application is made by or on behalf of a restricted person; and
(b)has not received a notice under section 22D from the relevant director-general approving the making of the change of name application.
22GRegistrar-general may correct register
Without limiting section 40 (Correction of register), the registrar‑general may correct the register if—
(a)the name of a restricted person was changed because of an application under division 3.1; and
(b)the relevant director-general did not approve the making of the application under section 22C.
22HInformation-sharing
(1)The relevant director-general—
(a)must notify the registrar-general of the following details in relation to each restricted person:
(i)the restricted person’s name (including any other name by which the restricted person is or has previously been known);
(ii)the restricted person’s date of birth;
(iii)the restricted person’s current residential address, or if the restricted person is serving a sentence of imprisonment, the person’s residential address immediately before being taken into custody; and
(b)may give the registrar-general other information necessary for the relevant director-general’s exercise of functions under this division.
(2)The registrar-general—
(a)if the circumstances in section 22F (a) and (b) apply—must notify the relevant director-general about the change of name application; and
(b)may give the relevant director-general other information necessary for the relevant director-general’s exercise of functions under this division.
22IProtection of security sensitive information
(1)This section applies if the relevant director-general decides to refuse an application for approval to make a change of name application under section 22C (1) (b).
(2)The relevant director-general is not required under this Act or any other territory law to give reasons for the director-general’s decision to the extent that giving those reasons would disclose security sensitive information.
(3)In this section:
security sensitive information means information that relates to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to—
(a)prejudice a criminal investigation; or
(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c)endanger a person’s life or physical safety; or
(d)adversely affect the security, discipline or good order of any premises or facility at which a restricted person is held or accommodated; or
(e)adversely affect the supervision of a restricted person.
22JACAT or court review—security sensitive information
(1)This section applies if—
(a)the relevant director-general decides to refuse an application for approval (an approval application) to make a change of name application under section 22C (1) (b) because, or partly because, of information the relevant director-general considers is security sensitive information; and
(b)the applicant for the approval application applies to the ACAT or a court for review of the relevant director-general’s decision.
(2)The relevant director-general must apply to the ACAT or the court for a decision about whether the information is security sensitive information.
(3)The application need not be served on anyone unless the ACAT or the court otherwise orders on its own initiative.
(4)The ACAT or the court may decide that the information is, or is not, security sensitive information.
(5)If the ACAT or the court decides that the information is security sensitive information, in deciding an application for review of the relevant director-general’s decision to refuse the approval application, the ACAT or the court—
(a)must ensure security sensitive information is not disclosed in any reasons for the decision; and
(b)must, unless the relevant director-general otherwise agrees, receive evidence and submissions in private in the absence of the public, the applicant for review, the applicant’s representative and any other interested party.
(6)In this section:
security sensitive information—see section 22I (3).
Part 4Change of sex
Division 4.1 People with birth registered in the ACT
Application to alter register to record change of sex
(1)A person may apply to the registrar-general for alteration of the record of the person’s sex in the registration of the person’s birth if—
(a)the person is—
(i)at least 14 years old; or
(ii)at least 12 years old, but not yet 14 years old and—
(A)the parents of the young person consent to the application; or
(B)if it is not practicable or reasonable to obtain the consent of both parents—1 parent consents to the application; or
(C)if a circumstance prescribed by regulation applies—a stated person with parental responsibility for the young person consents to the application; or
(iii)not yet 14 years old and the ACAT has granted leave under part 4A (ACAT leave for certain applications) for the young person to apply; and
(b)the person’s birth is registered in the ACT; and
(c)the person believes their sex to be the sex nominated in the application.
Note 1If a form is approved under s 69 for this provision, the form must be used.
Note 2A fee may be determined under s 67 for this provision.
(2)The parents of, or a person with parental responsibility for, a child may apply to the registrar-general for alteration of the record of the child’s sex in the registration of the child’s birth if—
(a)the child’s birth is registered in the ACT; and
(b)the parents, or person with parental responsibility, believe on reasonable grounds that alteration of the record of the child’s sex is in the best interests of the child; and
(c)the child has not applied under subsection (1) (a) for alteration of the record.
(3)However, an application under subsection (2) may be made by 1 parent if—
(a)the applicant is the only parent named in the register; or
(b)the applicant is the only person with parental responsibility for decisions about the child’s sex until the child is 18 years old; or
(c)there is no other surviving parent of the child.
Examples—par (b)
· all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· parental responsibility for making decisions about major long‑term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· long‑term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008
(4)An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.
Evidence in support of application
An application under section 24 must be accompanied by—
(a)documents confirming that the person was born in the ACT or has had their birth registered in the ACT; and
(b)for an application under section 24 (2)—a statement that the applicant believes that altering the record of the child’s sex is in the best interests of the child; and
(c)any other documents and information prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Alteration of register
On receipt of an application under section 24, the registrar‑general must—
(a)make the required alteration to the register; or
(b)refuse to make the required alteration.
Showing information about sex on birth certificate
(1)The registrar-general may issue a birth certificate for a person that includes information about the person’s sex.
(2)However, information about a person’s sex must not be included on a birth certificate if—
(a)any of the following people requests, in writing, that the information not be included on the certificate:
(i)the person;
(ii)a parent of, or a person with parental responsibility for, the person; and
(b)for a request that relates to a child who is at least 14 years old—the registrar-general is satisfied that the child either consents to the request or cannot understand the meaning or implications of the request.
(3)If the registrar-general issues a birth certificate that includes information about the sex of a person whose record of sex has been altered, the birth certificate—
(a)must show the person’s record of sex as altered; and
(b)must not show any word or statement to the effect that the person’s record of sex has been altered.
(4)However, the registrar-general may issue a birth certificate that includes information about a person’s sex before, or both before and after, the alteration of the person’s record of sex if any of the following people requests, in writing, that the information be included:
(a)the person;
(b)a child of the person;
(c)a person prescribed by regulation.
NoteSection 21 deals with showing a person’s former name on a birth certificate after registering a change of name.
Use of old birth certificate to deceive
(1)A person commits an offence if—
(a)the person produces a birth certificate to someone else that shows a person’s sex before the record was altered; and
(b)the person produces the certificate with intent to deceive.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)It is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant.
(3)In this section:
birth certificate includes—
(a)a copy of a birth certificate; and
(b)an extract from a birth certificate.
Entitlement not affected by change of sex
A person who has an entitlement under a will, trust or territory law does not lose the entitlement only because the person’s sex has been altered on the register, unless the will, trust or territory law provides otherwise.
Division 4.2 ACT residents with birth registered elsewhere
29AApplication for recognised details certificate
(1)A person may apply to the registrar-general for a document that acknowledges a person’s name and sex (a recognised details certificate) if—
(a)the person is—
(i)at least 14 years old; or
(ii)at least 12 years old, but not yet 14 years old and—
(A)the parents of the young person consent to the application; or
(B)if it is not practicable or reasonable to obtain the consent of both parents—1 parent consents to the application; or
(C)if a circumstance prescribed by regulation applies—a stated person with parental responsibility for the young person consents to the application; or
(iii)not yet 14 years old and the ACAT has granted leave under part 4A (ACAT leave for certain applications) for the young person to apply; and
(b)the person is domiciled or resident in the ACT; and
(c)the person’s birth is registered in a place other than the ACT; and
(d)the person believes their sex to be the sex nominated in the application.
Note 1If a form is approved under s 69 for an application, the form must be used.
Note 2A fee may be determined under s 67 for an application.
(2)The parents of, or a person with parental responsibility for, a child may apply to the registrar-general for a recognised details certificate for the child if—
(a)the child is domiciled or resident in the ACT; and
(b)the child’s birth is registered in a place other than the ACT; and
(c)the parents, or person with parental responsibility, believe on reasonable grounds that a recognised details certificate for the child is in the best interests of the child.
(3)However, an application under subsection (2) may be made by 1 parent if—
(a)the applicant is the only parent named in a register kept under a corresponding law or the law of any place outside Australia; or
(b)there is no other surviving parent of the child.
(4)An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.
29BEvidence in support of application for recognised details certificate
An application under section 29A must be accompanied by—
(a)documents confirming that—
(i)the person to whom the application relates is domiciled or resident in the ACT; and
(ii)the person’s birth is registered in a place other than the ACT; and
(b)for an application under section 29A (2)—a statement signed by the parents of, or a person with parental responsibility for, the child stating that a recognised details certificate for the child is in the best interests of the child; and
(c)any other documents and information prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
29CIssue of recognised details certificate
(1)On receipt of an application under section 29A, the registrar‑general must—
(a)issue a recognised details certificate; or
(b)refuse to issue the certificate.
(2)The certificate must not state the applicant’s former sex or former name (if any) unless the applicant has requested, in writing, that the information be included.
(3)The registrar-general may, if the registrar-general considers it appropriate, include in the certificate any other information about the applicant’s birth that the applicant has requested, in writing, be included.
29DEffect of recognised details certificate and interstate recognised details certificate
(1)A person to whom a recognised details certificate relates is, for the purposes of, but subject to, any territory law, a person of the sex stated in the certificate.
(2)A person to whom an interstate recognised details certificate relates is, for the purposes of, but subject to, any territory law, a person of the sex stated in the certificate.
Division 4.3 Nominating sex in applications under this part
29DANominating sex in applications under this part
(1)A person making an application under this part (an applicant) may nominate the sex of a person in the application by stating the nominated sex using any term other than a prohibited sex descriptor.
(2)The registrar-general must ensure an application allows an applicant to state the nominated sex of a person using any term other than a prohibited sex descriptor.
Examples
1 an electronic interactive form used for altering the record of a person’s sex shows a blank space in which the person may state their nominated sex
2 a paper form used to apply for a recognised details certificate includes an open-text field in which the applicant may state their nominated sex
(3)In this section:
prohibited sex descriptor means a term describing a person’s sex that—
(a)is obscene or offensive; or
(b)could not practically be established by repute or usage—
(i)because it is too long; or
(ii)because it consists of or includes symbols without phonetic significance in the English language; or
(iii)for any other reason.
Part 4AACAT leave for certain applications
29EApplication by young person for leave to apply for change of given name or sex etc
(1)A young person who is not yet 14 years old may apply to the ACAT for leave to apply to the registrar-general—
(a)under section 19A for registration of a change of any of the person’s given names; or
(b)under section 24 for alteration of the record of the person’s sex in the registration of the person’s birth; or
(c)under section 29A for a recognised details certificate.
NoteIf leave is granted under this part to a young person, no further leave is needed by the young person for any further application of the same kind—see s 29H (3).
(2)A young person may apply to the ACAT for leave under this section only if the person satisfies the relevant requirement mentioned in section 19A (a), section 24 (1) (b) or section 29A (1) (b).
(3)Also, a young person who is not yet 12 years old may apply to the ACAT for leave under this section only if the ACAT is satisfied that—
(a)at least 1 parent, or a person with parental responsibility for the young person, consents to the application being made; and
(b)exceptional circumstances apply to the young person, for example, the young person has socially transitioned their gender identity by showing a definite and consistent gender identity over a reasonable period.
(4)The young person—
(a)must state in the application that they understand the ACAT must give notice about the application to each parent or person with parental responsibility for the young person under section 29F (1) (a); and
(b)may make a submission to the ACAT that they do not want those people to be notified because the young person would be adversely affected.
NoteThe ACAT must not notify a parent, or a person with parental responsibility for the young person, about the application if doing so could reasonably be expected to adversely affect the young person (see s 29F (1) (b)).
(5)To remove any doubt, a young person who makes an application under this part is not legally incompetent only because of the person’s age.
29EACopy of birth certificate for ACAT
(1)If an application for leave is made under section 29E, the ACAT may ask the registrar-general, in writing, for a copy of the applicant’s birth certificate.
(2)The registrar-general must, if asked under subsection (1), give the ACAT a copy of the applicant’s birth certificate.
29FNotification about application
(1)Subject to subsection (2), the ACAT—
(a)must take reasonable steps to notify the following people about the application:
(i)each parent or person with parental responsibility for the young person;
(ii)the public advocate; and
(b)must not notify a parent, or a person with parental responsibility for the young person, about the application if doing so could reasonably be expected to adversely affect the young person.
(2)If a young person makes a submission under section 29E (4) (b) about a parent or a person with parental responsibility for the young person being notified about the application—
(a)the ACAT must, after considering the submission, decide if giving notice under subsection (1) (a) (i) could reasonably be expected to adversely affect the young person; and
(b)if the ACAT decides that the young person could not reasonably be expected to be adversely affected by the notification, the ACAT must give the young person a written notice stating—
(i)the reasons for its decision; and
(ii)that the young person may, in writing, withdraw their application before the end of a stated period of at least 14 days after the day the notice is given to the young person; and
(iii)that, if the application is not withdrawn before the end of the stated period, the ACAT will notify each parent or person with parental responsibility for the young person in accordance with subsection (1).
(3)For this section, a young person is not adversely affected by an application if the only reason they are affected is that a parent, or a person with parental responsibility, disagrees with the application and that disagreement causes the young person discomfort.
(4)For notification under subsection (1) (a), the ACAT—
(a)may give each parent or person with parental responsibility for the young person any of the following:
(i)an extract of information taken from the application;
(ii)a copy of the application;
(iii)documents or evidence attached to the application (in full or in part); and
(b)must give the public advocate the following:
(i)a copy of the application;
(ii)documents or evidence attached to the application (in full).
NoteFor other material that the public advocate must be given—see s 29G (4).
29GACAT hearing an application for leave etc
(1)An application for leave under section 29E may proceed to a hearing—
(a)if a submission under section 29E (4) (b) is made by the young person—
(i)after the end of the stated period under section 29F (2) (b) (ii); or
(ii)before the end of the stated period if the young person gives the ACAT written confirmation that the young person wants the application to proceed; or
(b)in any other case—14 days after the application is lodged.
(2)The hearing must be held in private.
(3)Subject to subsections (4) and (5), a private hearing is taken to be a hearing to which the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private) applies.
NoteRequirements for keeping private hearings secret are set out in the ACT Civil and Administrative Tribunal Act 2008, s 40.
(4)The ACAT must give the public advocate a copy of any document lodged with the ACAT or received in evidence for the hearing.
(5)The public advocate—
(a)may attend the hearing at any stage (for the whole or any part of the hearing); and
(b)may make submissions at the hearing about any matter relating to the application or the hearing.
NoteThe public advocate may also be required to report to the ACAT about a matter—see the Human Rights Commission Act 2005, s 27BA.
(6)In addition to the young person and the public advocate, a parent or a person with parental responsibility for the young person may also make submissions at the hearing in relation to the application, but only about the matters mentioned in section 29H (1).
(7)A person who attends a hearing, or makes a submission under subsection (5) or (6), is not a party to the application.
(8)The ACAT may, by order, give directions prohibiting or restricting the disclosure by a person who attends a hearing, or makes a submission under subsection (5) or (6), of evidence given at the hearing, or of a matter contained in a document lodged with the tribunal or received in evidence by the tribunal for the hearing.
NoteA similar order may be given to a party to the application under the ACT Civil and Administrative Tribunal Act 2008, s 39.
(9)The ACAT may make an order under subsection (8) on application by the young person or on its own initiative.
(10)A person must not contravene an order under subsection (8).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
29HACAT deciding an application for leave
(1)The ACAT must, by order, grant an application for leave under section 29E if satisfied on reasonable grounds that—
(a)the young person has sufficient decision-making ability to understand the meaning and legal implications of the change; and
(b)the young person believes that the change would better reflect their gender identity.
(2)In deciding the application for leave, it is not relevant for the ACAT to consider whether—
(a)the change is in the best interests of the young person; or
(b)any other requirement under this Act in relation to the change is satisfied.
(3)If the ACAT grants the application for leave in relation to a young person—
(a)for leave relating to registration of a change of any of the person’s given names under section 19A—no further leave is required by the young person for any further application to register a change of any of the person’s given names; or
(b)for leave relating to alteration of the record of the person’s sex in the registration of the person’s birth under section 24—no further leave is required by the young person for any further application to register alteration of the record of the person’s sex; or
(c)for leave relating to a recognised details certificate under section 29A—no further leave is required by the young person for any further application for a recognised details certificate.
29ICopy of order for registrar-general
(1)The registrar-general may ask the ACAT, in writing, for a copy of an order made under section 29H in relation to a young person.
(2)The ACAT must, if asked under subsection (1), give the registrar‑general a copy of the order.
Part 5Registration of marriages
When registration of marriages is required
If a marriage is solemnised in the ACT, the marriage is to be registered under this Act.
How to have a marriage registered
A person may have a marriage registered by lodging with the registrar-general a certificate of marriage under the Marriage Act 1961 (Cwlth) or, if the marriage was solemnised before the commencement of that Act, any evidence of the marriage that the registrar-general may require.
How marriages are registered
The registrar-general must register a marriage by—
(a)including the marriage certificate as part of the register; or
(b)including in the register the particulars of the marriage that are prescribed.
Part 5ACivil unions
32ARegistration of civil union
If a civil union is entered into under the Civil Unions Act 2012, section 9 (How civil union is entered into), the civil union must be registered under this Act.
32BHow civil union is registered
(1)If a civil union is entered into before the registrar-general, the registrar must register the civil union by including in the register the particulars of the civil union prescribed by regulation.
(2)If a civil union is entered into before another civil union celebrant under the Civil Unions Act 2012, the celebrant must give the following to the registrar‑general not later than 2 weeks after the day the civil union is entered into:
(a)written notice of the civil union;
(b)the notice given to the celebrant under the Civil Unions Act 2012, section 8 (Notice of intention to enter into civil union) for the civil union.
Maximum penalty: 5 penalty units.
NoteIf a form is approved under s 69 for this provision, the form must be used.
(3)If a notice is given to the registrar-general under subsection (2), the registrar must register the civil union by including in the register the particulars of the civil union prescribed by regulation.
(4)An offence against this section is a strict liability offence.
32CParticulars of end of civil union
(1)This section applies if a civil union ends under the Civil Unions Act 2012, section 12 (Ending civil union by parties) or section 14 (Ending civil union by court order).
(2)The registrar-general must include in the register the particulars of the termination prescribed by regulation.
(3)Also, for a civil union that ends under the Civil Unions Act 2012, section 12, the registrar-general must give each party to the civil union written notice that the civil union ends on the date stated in the notice.
NoteIf a form is approved under s 69 for this provision, the form must be used.
(4)For subsection (3), it is sufficient if the registrar-general sends the notice to the address for each party that is last known to the registrar.
Part 5BCivil partnerships
32DParticulars of civil partnership
(1)This section applies if the registrar-general registers a relationship as a civil partnership under the Domestic Relationships Act 1994, section 37F (Decision on application).
(2)The registrar-general must include in the register the particulars of the civil partnership prescribed by regulation.
32EParticulars of end of civil partnership
(1)This section applies if a civil partnership ends under the Domestic Relationships Act 1994, section 37I (Ending civil partnership by parties) or section 37K (Ending civil partnership by court order).
(2)The registrar-general must include in the register the particulars of the end of the civil partnership prescribed by regulation.
(3)Also, for a civil partnership that ends under the Domestic Relationships Act 1994, section 37I, the registrar-general must give each party to the civil partnership written notice that the civil partnership ends on the date stated in the notice.
NoteIf a form is approved under s 69 for this provision, the form must be used.
(4)For subsection (3), it is sufficient if the registrar-general sends the notice to the address for each party that is last known to the registrar.
Part 6Registration of deaths
Division 6.1 When registration of deaths is required or authorised
When registration to happen
(1)This section has effect subject to section 34.
(2)If a person dies in the ACT, the death is to be registered under this Act.
(3)If a person dies in an aircraft during a flight to an airport in the ACT, the death may be registered under this Act.
(4)If—
(a)a person who is domiciled or ordinarily resident in the ACT dies outside Australia; or
(b)a person dies outside Australia leaving property in the ACT;
the death may be registered under this Act.
(5)The registrar-general is not required to register a death under subsection (3) or (4) if the death is registered under a corresponding law.
(6)If a child is stillborn, the child’s death is not to be registered under this part.
Circumstances in which deaths are not to be registered
(1)The registrar-general must not register a death unless the registrar‑general has been given—
(a)a notice under section 35; or
(b)a notice under the Coroners Act 1997, section 56; or
(c)a document issued, made or given under the law of a State, the Commonwealth, another Territory or any other place that the registrar-general is satisfied is equivalent to a document mentioned in paragraph (a) or (b).
(2)However, the registrar-general must register a death if satisfied—
(a)that a court of the Territory, a State, the Commonwealth or another Territory has found that a person whose death is not registered in the register died in the ACT; or
(b)that, having regard to the circumstances of the case, it is proper that the death be registered.
Division 6.2 Notification and registration of deaths
Notification of deaths by doctors
(1)A doctor must give the registrar-general written notice of the death and cause of death of a person within 48 hours after the death if the doctor—
(a)was responsible for the deceased person’s medical care immediately before the death; or
(b)examined the body of the deceased person after the death; or
(c)has considered information about the deceased person’s medical history and the circumstances of the deceased person’s death and is able to form an opinion as to the probable cause of death.
Maximum penalty: 5 penalty units.
Examples––par (c)
· examining medical records or speaking to the deceased person’s treating doctor
· account of someone who was with the deceased person when the person died or who discovered the deceased person’s body
NoteIf a form is approved under s 69 for a notice, the form must be used.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply if the doctor believed, on reasonable grounds, that—
(a)another doctor had given the required notice; or
(b)the death had been reported to a coroner under the Coroners Act 1997.
Certificates of deaths subject to inquests
If a death that is subject to a coronial inquest has been registered before a finding about the cause of death has been made, a death certificate issued before the coronial inquest is completed must be endorsed in the way that the registrar-general considers appropriate to indicate that fact.
Notification by funeral directors etc
(1)If a funeral director or someone else arranges for the disposal of human remains in the ACT, the person must, within 7 days after the day the remains are disposed, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:
(a)the name and last home address of the deceased person;
(b)if the death was reported to a coroner—that fact;
(c)where and how the remains were disposed of;
(d)any other information required by regulation.
Maximum penalty: 5 penalty units.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(2)If a funeral director or someone else arranges for human remains (other than cremated remains) to be removed from the ACT, the person must, within 28 days after the day the remains are disposed of outside the ACT, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:
(a)the name and last home address of the deceased person;
(b)if the death was reported to a coroner—that fact;
(c)where and how the remains were disposed of;
(d)any other information required by regulation.
Maximum penalty: 50 penalty units.
(3)If a funeral director or someone else has the custody of human remains that have not been disposed of within 30 days after the day of the death, the person must give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:
(a)the name and last home address of the deceased person;
(b)if the death was reported to a coroner—that fact;
(c)any other information required by regulation.
Maximum penalty: 10 penalty units
(4)An offence against this section is a strict liability offence.
(5)In this section:
disposal, in relation to human remains, means—
(a)cremation; or
(b)burial, 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 from the ACT, unless the remains have been cremated.
funeral director means a person who carries on the business of arranging for the disposal of human remains.
human remains includes the remains of a stillborn child.
How deaths are registered
(1)The registrar-general must register a death by making in the register an entry about the death that includes the particulars prescribed by regulation.
(2)However, if not all the prescribed particulars are available for the registrar-general, the registrar-general may register the death by including in the entry the prescribed particulars that are available to the registrar-general.
38AInformation about tissue donation
(1)This section applies in relation to a deceased person who was a tissue donor and whose death is or is to be registered under this Act.
(2)On request by a next of kin of the deceased person, the registrar‑general must include in the register a statement that the person was a tissue donor.
(3)The request must be in writing and include information verifying that the deceased person was a tissue donor.
(4)In this section:
next of kin—see the Transplantation and Anatomy Act 1978, dictionary.
tissue donor—a deceased person was a tissue donor if tissue was removed from the person’s body under a consent given in accordance with the Transplantation and Anatomy Act 1978, part 3 (Donations of tissue after death).
Part 7The register and other records
Division 7.1 Keeping the register
The register
(1)The registrar-general must maintain a register or registers of registrable events.
(2)The register—
(a)must contain the particulars of each registrable event required under this or any other Act to be included in the register; and
(b)may contain any further information that is authorised by this Act or a regulation.
(3)The register may be completely or partly in the form of a computer database, in documentary form or in any other form that the registrar-general considers appropriate.
(4)The registrar-general must maintain the indexes to the register that are necessary to make the information in the register reasonably accessible.
Correction of register
(1)The registrar-general may correct the register—
(a)to reflect a finding made on an inquiry under division 7.2; or
(b)to bring an entry about a particular registrable event into conformity with the most reliable information available to the registrar-general of the registrable event.
(2)The registrar-general must, if satisfied that, in view of a finding of a court, an entry in the register is incorrect, correct the register in accordance with the finding.
(3)A correction of the register is effected by adding or cancelling an entry or by adding, altering or deleting a particular contained in an entry.
(4)In this section:
court means a court of the Territory, the Commonwealth, a State or another Territory.
Division 7.2 Inquiries
Registrar-general’s powers of inquiry
(1)The registrar-general may conduct the inquiries that the
registrar-general considers appropriate 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.
(2)The registrar-general may, by notice given to a person who, in the registrar-general’s opinion, may be able to provide information relevant to an inquiry under this section, require the person to answer a specified question or to provide other information within a time and in a way specified in the notice.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)A person commits an offence if the person fails to comply with a notice given to the person under subsection (2).
Maximum penalty: 50 penalty units.
NoteThe Legislation Act, s 170 and s 171 deals with the application of the privilege against self-incrimination and client legal privilege.
(4)An offence against this section is a strict liability offence.
Division 7.3 Access to, and certification of, register entries
Access to register
(1)A person may apply to the registrar-general for—
(a)access to the register; or
(b)the provision from the register of the information stated in the application.
NoteA fee may be determined under s 67 for this section.
(2)The registrar-general may give the applicant access to the register, or give the applicant any of the stated information that is available, if satisfied that—
(a)the applicant has an adequate reason for wanting the access or the information; and
(b)the giving of the access or information is in accordance with the statement of policies under section 46.
(3)However, the registrar-general must not give the access to any part of the register, or any information in the register, that would disclose—
(a)the manner of death of a deceased person; or
(b)that a manner of death was recorded for a deceased person.
Note 1The Voluntary Assisted Dying Act 2024, s 82 (3) requires notice to be given to the registrar-general about the manner of death of a deceased person.
Note 2The registrar-general must give the Voluntary Assisted Dying Oversight Board information about a death (including any recorded manner of death) in certain circumstances (see Voluntary Assisted Dying Act 2024, s 123).
(4)The access or information—
(a)must be given subject to the conditions stated in the statement of policies under section 46; and
(b)may be given subject to any other conditions that are reasonable and necessary to protect the privacy of anyone to whom an entry in the register relates.
(5)In deciding, for subsection (2) (a), whether an applicant has an adequate reason, the registrar-general must have regard to—
(a)the nature of the applicant’s interest; and
(b)the sensitivity of the information to be accessed or provided; and
(c)the use to be made of the information.
(6)The registrar-general may also have regard to any other relevant consideration.
(7)In this section:
information does not include information that may be applied for under section 43.
Search of register
(1)A person may apply to the registrar-general for a search of the register for an entry about a particular registrable event.
NoteA fee may be determined under s 67 for this section.
(2)The registrar-general may search the register for the entry if satisfied that—
(a)the applicant has an adequate reason for wanting the information; and
(b)the giving of the information is in accordance with the statement of policies under section 46.
(3)In deciding whether an applicant has an adequate reason, the registrar-general must have regard to—
(a)the matters mentioned in section 42 (5); and
(b)the relationship (if any) between the applicant and the person to whom the information relates; and
(c)the age of the entry; and
(d)the contents of the entry.
(4)The registrar-general may also have regard to any other relevant consideration.
Legislation history
Births, Deaths and Marriages Registration Act 1997 A1997-112
notified 24 December 1997 (Gaz 1997 S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))remainder commenced 24 June 1998 (s 2 (3))
as amended by
Births, Deaths and Marriages Registration (Amendment) Act 1998 A1998-12
notified 25 June 1998 (Gaz 1998 S170)
s 1, s 2 commenced 25 June 1998 (s 2 (1))remainder commenced 24 June 1998 (s 2 (2))
Artificial Conception Amendment Act 2000 A2000-51
notified 28 September 2000 (Gaz 2000 No 39)
s 1, s 2 commenced 28 September 2000 (IA s 10B)remainder commenced 17 November 2000 (s 2 and Gaz 2000 No S65)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 35
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 35 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Parentage Act 2004 A2004-1 sch 1 pt 1.4
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.4 commenced 22 March 2004 (s 2 and CN2004-3)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.8
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.8 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.2
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))sch 5 pt 5.2 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.5
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))sch 3 pt 3.5 commenced 2 June 2005 (s 2 (1))
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.8
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))sch 1 pt 1.8 commenced 24 November 2005 (s 2)
Civil Unions Act 2006 A2006-22 sch 1 pt 1.4
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.4 never commencedNoteAct repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.1
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.1 commenced 16 November 2006 (s 2 (1))Regulatory Services Legislation Amendment Act 2008 A2008-5 pt 3
notified LR 15 April 2008
s 1, s 2 commenced 15 April 2008 (LA s 75 (1))pt 3 commenced 1 July 2008 (s 2 and CN2008-7)
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.3
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))sch 1 pt 1.3 commenced 19 May 2008 (s 2 and CN2008-8)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.11
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.11 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Civil Partnerships Amendment Act 2009 A2009-41 sch 1 pt 1.1
notified LR 18 November 2009
s 1, s 2 commenced 18 November 2009 (LA s 75 (1))sch 1 pt 1.1 commenced 19 November 2009 (s 2)
Civil Partnerships Amendment Act 2009 (No 2) A2009-57 sch 1
notified LR 17 December 2009
s 1, s 2 commenced 17 December 2009 (LA s 75 (1))sch 1 commenced 18 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.3
notified LR 30 August 2011
s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))sch 1 pt 1.3 commenced 13 September 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.7
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.7 commenced 12 December 2011 (s 2)
Civil Unions Act 2012 A2012-40 sch 3 pt 3.4
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))sch 3 pt 3.4 commenced 11 September 2012 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.2
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.2 commenced 7 November 2013 (s 2 and CN2013-11)NoteThe High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)
Courts Legislation Amendment Act 2014 A2014-1 pt 3
notified LR 5 March 2014
s 1, s 2 commenced 5 March 2014 (LA s 75 (1))pt 3 commenced 2 April 2014 (s 2)
Corrections and Sentencing Legislation Amendment Act 2014 A2014‑6 pt 2
notified LR 27 March 2014
s 1, s 2 commenced 27 March 2014 (LA s 75 (1))pt 2 commenced 28 March 2014 (s 2)
Births, Deaths and Marriages Registration Amendment Act 2014 A2014‑8
notified LR 27 March 2014
s 1, s 2 commenced 27 March 2014 (LA s 75 (1))remainder commenced 26 April 2014 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.1
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))sch 3 pt 3.1 commenced 10 June 2014 (s 2 (1))
Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016‑4 sch 1 pt 1.3
notified LR 24 February 2016
s 1, s 2 commenced 24 February 2016 (LA s 75 (1))sch 1 pt 1.3 commenced 2 March 2016 (s 2 (1))
Justice Legislation Amendment Act 2016 A2016‑7 pt 2
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))pt 2 commenced 29 August 2016 (s 2 and LA s 79)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.6
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.6 commenced 27 April 2016 (s 2)
Births, Deaths and Marriages Registration Amendment Act 2019 A2019‑3 pt 2
notified LR 26 February 2019
s 1, s 2 commenced 26 February 2019 (LA s 75 (1))pt 2 commenced 27 February 2019 (s 2)
Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2019 A2019-31 pt 3
notified LR 9 October 2019
s 1, s 2 commenced 9 October 2019 (LA s 75 (1))
pt 3 commenced 3 December 2019 (s 2 (1) and CN2019-19)Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.3
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.3 commenced 14 November 2019 (s 2 (1))Births, Deaths and Marriages Registration (Tissue Donor Acknowledgment) Amendment Act 2020 A2020-17
notified LR 27 May 2020
s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
remainder commenced 6 May 2021 (s 2 (1) and CN2021-3)Births, Deaths and Marriages Registration Amendment Act 2020 A2020-40
notified LR 20 August 2020
s 1, s 2 commenced 20 August 2020 (LA s 75 (1))
remainder commenced 20 August 2021 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2021 (No 2) A2021-33 pt 3
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 3 commenced 31 December 2021 (s 2 (2))Births, Deaths and Marriages Registration Amendment Act 2024 A2024-9 pt 2
notified LR 28 March 2024
s 1, s 2 commenced 28 March 2024 (LA s 75 (1))
ss 8-11, ss 13-23, s 25, s 26 commenced 29 March 2024 (s 2 (1))
pt 2 remainder commenced 28 March 2025 (s 2 (3))Voluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.1
notified LR 19 June 2024
s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
sch 3 pt 3.1 commenced 3 November 2025 (s 2)Parentage (Surrogacy) Amendment Act 2024 A2024-31 sch 1
notified LR 9 July 2024
s 1, s 2 commenced 9 July 2024 (LA s 75 (1))
sch 1 commenced 10 July 2024 (s 2 (1))Amendment history
Long title
long titleam A2006‑22 amdt 1.13 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.4; A2012‑40 amdt 3.13; A2013‑39 amdt 2.2 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Name of Act
s 1sub A2005‑20 amdt 3.15
Dictionary
s 2om R2 LRA
ins A2005‑20 amdt 3.16
am A2014‑8 s 4
Notes
s 3om R2 LRA
ins A2005‑20 amdt 3.16
Meaning of adult and child
s 4sub A2005‑20 amdt 3.16
am A2006‑22 amdt 1.14 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2012‑40 amdt 3.14
def adult om A2005‑20 amdt 3.16
def authorised celebrant om A2005‑20 amdt 3.16
def birth om A2005‑20 amdt 3.16
def change om A2005‑20 amdt 3.16
def child om A2005‑20 amdt 3.16
def commencement of this Act om A2005‑20 amdt 3.16
def corresponding law om A2005‑20 amdt 3.16
def death om A2005‑20 amdt 3.16
def determined fee om A2001‑44 amdt 1.339
def disposal om A2005‑20 amdt 3.16
def doctor om A2005‑20 amdt 3.16 (see also A2004‑39 amdt 5.3)
def funeral director om A2005‑20 amdt 3.16
def prohibited name om A2005‑20 amdt 3.16
def register om A2005‑20 amdt 3.16
def registering authority om A2005‑20 amdt 3.16
def registrable event om A2005‑20 amdt 3.16
def registrable information om A2005‑20 amdt 3.16
def registrar-general om A2005‑20 amdt 3.16
def repealed Act om A2005‑20 amdt 3.16
def stillbirth om A2005‑20 amdt 3.16
def stillborn child om A2005‑20 amdt 3.16
Offences against Act—application of Criminal Code etc
s 4Ains A2005‑54 amdt 1.47
Notifications of births
div 2.1 hdg(prev pt 2 div 1 hdg) renum R3 LA
Meaning of birth parent—pt 2
s 4Bins A2019‑3 s 4
Notification of births
s 5am A2001‑44 amdt 1.340, 1.341
sub A2005‑54 amdt 1.48
am A2011‑52 amdt 3.17; A2014‑18 amdt 3.4; A2016‑7 s 4, s 5; A2019‑3 s 5; A2019‑42 amdt 3.4
Registration of births
div 2.2 hdg(prev pt 2 div 2 hdg) renum R3 LA
Meaning of birth registration statement for div 2.2
s 6def birth registration statement sub A2001‑44 amdt 1.342
When registration of birth is required or authorised
s 7am A2005‑20 amdt 3.17; A2019‑3 s 6
(6), (7) exp 27 February 2020 (s 7 (7))
Responsibility to have birth registered
s 8 am A2019‑3 s 7, s 8; ss renum R28 LA
How to have the birth of a child registered
s 9am A2005‑20 amdt 3.18; ss renum R6 LA (see A2005‑20 amdt 3.19); A2005‑54 amdt 1.49; A2014‑8 s 5; A2019‑3 s 9
Obligation to have birth registered
s 10sub A2005‑54 amdt 1.50
am A2014‑8 s 5
How births are registered
s 11am A2005‑20 amdt 3.20, amdt 3.21
Alteration of details of birth registration
div 2.3 hdg(prev pt 2 div 3 hdg) renum R3 LA
Addition or alteration of details of parentage after registration of birth
s 16 hdgsub A2024‑9 s 4
s 16am A2005‑20 amdt 3.22; A2006‑22 amdt 1.15 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.5; A2011‑27 amdt 1.6; ss renum R16 LA; A2012‑40 amdt 3.15; A2014‑18 amdt 3.1; A2016‑18 amdt 3.17, amdt 3.18; A2024‑9 ss 5-7; ss renum R37 LA
Intended parent information
div 2.4 hdg(prev pt 2 div 4 hdg) ins A2000‑51 s 10
renum R3 LA
sub A2024‑31 amdt 1.1
Re-registration of parentage order
s 16Ains A2000‑51 s 10
am A2004‑1 amdt 1.16; A2016‑7 s 6; A2024‑31 amdt 1.2
Registration of birth if parentage order made
s 16Bins A2000‑51 s 10
am A2004‑1 amdt 1.17; A2024‑31 amdt 1.3
Change of name—generally
div 3.1 hdgins A2014‑6 s 4
Application to register change of adult’s name
s 18am A1998‑12 s 4; A2001‑44 amdts 1.343-1.346
sub A2005‑20 amdt 3.23
Application by parent to register change of child’s name
s 19 hdgsub A2020‑40 s 4
s 19am A1998‑12 s 5; A2001‑44 amdts 1.347-1.350; A2005‑20 amdt 3.24; A2011‑27 amdt 1.7; pars renum R16 LA; A2014‑8 s 6; A2024‑9 s 8, s 9; pars renum R35 LA
Application by young person to register change of given name
s 19Ains A2020‑40 s 5
am A2024‑9 s 10, s 11
Registration of change of name
s 20am A2005‑20 amdts 3.25-3.27; A2011‑27 amdt 1.8; A2021‑33 s 5
Change of name entries in register
s 21am A1998‑12 s 6; A2001‑44 amdt 1.351, amdt 1.352
sub A2008‑5 s 19
amA2014‑18 amdt 3.4; A2016‑7 s 7, s 8; A2024‑9 s 12
Change of name—restricted people
div 3.2 hdgins A2014‑6 s 5
Definitions—div 3.2
s 22Ains A2014‑6 s 5
def change of name application ins A2014‑6 s 5
def corresponding parole law ins A2014‑6 s 5
def relevant director-general ins A2014‑6 s 5
def restricted person ins A2014‑6 s 5
am A2016‑4 amdt 1.7; A2019-31 s 5
Application for approval for restricted person to make change of name application
s 22Bins A2014‑6 s 5
Decision on s 22B application
s 22Cins A2014‑6 s 5
Notice of decision
s 22Dins A2014‑6 s 5
Offences—restriction on change of name application by restricted person etc
s 22Eins A2014‑6 s 5
Registrar-general must not register change of name without relevant director‑general’s approval
s 22Fins A2014‑6 s 5
Registrar-general may correct register
s 22Gins A2014‑6 s 5
Information-sharing
s 22Hins A2014‑6 s 5
Protection of security sensitive information
s 22Iins A2014‑6 s 5
ACAT or court review—security sensitive information
s 22Jins A2014‑6 s 5
Definitions for pt 4
s 23om A2014‑8 s 7
def birth certificate om A2005‑20 amdt 3.28
def doctor om A2004‑39 amdt 5.4
def sexual reassignment surgery om A2014‑8 s 7
def transsexual person om A2014‑8 s 7
People with birth registered in the ACT
div 4.1 hdgins A2016‑7 s 9
Application to alter register to record change of sex
s 24am A1998‑12 s 7; A2001‑44 amdts 1.353-1.356
sub A2005‑20 amdt 3.29
am A2006‑22 amdt 1.16 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.6; A2014‑8 s 8, s 9; A2016‑7 s 10; A2020‑40 s 6, s 7; A2024‑9 ss 13-17; pars renum R35 LA
Evidence in support of application
s 25sub A2014‑8 s 10
am A2016‑18 amdts 3.19-3.21; A2016‑7 s 11; A2020‑40 s 9, s 10; ss, pars renum R33 LA
sub A2024‑9 s 18
Showing information about sex on birth certificate
s 27am A2005‑20 amdt 3.30; A2014‑8 s 11
sub A2024‑9 s 19
Use of old birth certificate to deceive
s 28sub A2005‑54 amdt 1.51
am A2014‑8 s 11
Entitlement not affected by change of sex
s 29 hdgsub A2005‑20 amdt 3.31
s 29sub A2014‑8 s 12
ACT residents with birth registered elsewhere
div 4.2 hdgins A2016‑7 s 12
Application for recognised details certificate
s 29Ains A2016‑7 s 12
am A2020‑40 s 11; A2024‑9 ss 20-22
Evidence in support of application for recognised details certificate
s 29Bins A2016‑7 s 12
am A2020‑40 s 12, s 13
sub A2024‑9 s 23
Issue of recognised details certificate
s 29Cins A2016‑7 s 12
Effect of recognised details certificate and interstate recognised details certificate
s 29Dins A2016‑7 s 12
Nominating sex in applications under this part
div 4.3 hdgins A2024‑9 s 24
Nominating sex in applications under this part
s 29DAins A2024‑9 s 24
ACAT leave for certain applications
pt 4A hdgins A2020‑40 s 14
Application by young person for leave to apply for change of given name or sex etc
s 29Eins A2020‑40 s 14
am A2021‑33 s 6; A2024‑9 s 25
Copy of birth certificate for ACAT
s 29EAins A2021‑33 s 7
Notification about application
s 29Fins A2020‑40 s 14
am A2021‑33 s 8
ACAT hearing an application for leave etc
s 29Gins A2020‑40 s 14
sub A2021‑33 s 9
ACAT deciding an application for leave
s 29Hins A2020‑40 s 14
am A2021‑33 s 10
Copy of order for registrar-general
s 29Iins A2020‑40 s 14
How to have a marriage registered
s 31am A2013‑39 amdt 2.3 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Civil unions
pt 5A hdgins A2006‑22 amdt 1.17 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
ins A2008‑14 amdt 1.7
sub A2012‑40 amdt 3.16
Particulars of end of civil union
s 32Ains A2006‑22 amdt 1.17 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
ins A2008‑14 amdt 1.7
sub A2009‑41 amdt 1.1
am A2009‑57 amdt 1.1
sub A2012‑40 amdt 3.16; A2013‑39 amdt 2.4 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
How civil partnerships are registered
s 32AAins A2009‑41 amdt 1.1
am A2009‑57 amdts 1.2-1.6; ss renum R15 LA
om A2012‑40 amdt 3.16
How civil union is registered
s 32Bins A2006‑22 amdt 1.17 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
ins A2008‑14 amdt 1.7
sub A2012‑40 amdt 3.16
om A2013‑39 amdt 2.4 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Particulars of end of civil union
s 32Cins A2006‑22 amdt 1.17 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
ins A2012‑40 amdt 3.16
om A2013‑39 amdt 2.4 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Civil partnerships
pt 5B hdgins A2012‑40 amdt 3.16
Particulars of civil partnership
s 32Dins A2012‑40 amdt 3.16
Particulars of end of civil partnership
s 32Eins A2012‑40 amdt 3.16
Transitional—particulars of termination of civil partnership not included before commencement day
s 32Fins A2012‑40 amdt 3.16
exp 11 September 2012 (s 32F (4))
When registration of deaths is required or authorised
div 6.1 hdg(prev pt 6 div 1 hdg) renum R3 LA
Circumstances in which deaths are not to be registered
s 34sub A2005‑20 amdt 3.32
Notification and registration of deaths
div 6.2 hdg(prev pt 6 div 2 hdg) renum R3 LA
Notification of deaths by doctors
s 35am A2001‑44 amdt 1.357, amdt 1.358; A2005‑20 amdt 3.33
sub A2005‑54 amdt 1.52
am A2014‑1 s 17
Certificates of deaths subject to inquests
s 36am A2005‑20 amdt 3.34
(2)-(4) exp 2 June 2005 (s 36 (4))
Notification by funeral directors etc
s 37am A2005‑20 amdt 3.35
sub A2005‑54 amdt 1.53
amA2014‑18 amdt 3.4
How deaths are registered
s 38sub A2005‑20 amdt 3.36
Information about tissue donation
s 38Ains A2020‑17 s 4
Keeping the register
div 7.1 hdg(prev pt 7 div 1 hdg) renum R3 LA
The register
s 39am A2005‑20 amdt 3.37
(5)-(7) exp 2 June 2005 (s 39 (7))
Inquiries
div 7.2 hdg(prev pt 7 div 2 hdg) renum R3 LA
Registrar-general’s powers of inquiry
s 41am A2005‑54 amdt 1.54; A2014‑18 amdt 3.4
Access to, and certification of, register entries
div 7.3 hdg(prev pt 7 div 3 hdg) renum R3 LA
Access to register
s 42am A2001‑44 amdt 1.359, amdt 1.360
sub A2005‑20 amdt 3.38
am A2024-24 amdt 3.1; ss renum R38 LA
Search of register
s 43am A2001‑44 amdt 1.361, amdt 1.362
sub A2005‑20 amdt 3.38
Protection of privacy
s 44am A2016‑7 s 13
Issue of certificates
s 45am A2005‑20 amdt 3.39; A2020‑40 s 15; A2021‑33 s 11; A2024-24 amdt 3.2, amdt 3.3; ss renum R38 LA
Additional information and services
div 7 4 hdg(prev pt 7 div 4 hdg) renum R3 LA
Additional services
s 48am A2001‑44 amdt 1.363; A2005‑20 amdt 3.40
Offences
div 7.5 hdg(prev pt 7 div 5 hdg) renum R3 LA
False representations
s 49om A2004‑15 amdt 2.18
Unauthorised access to, or interference with, register
s 50sub A2005‑54 amdt 1.55
Confiscation of forged etc instruments
s 51 hdgsub A2004‑15 amdt 2.19; A2005‑20 amdt 3.41
s 51am A2004‑15 amdt 2.20; ss renum R5 LA (see A2004‑15 amdt 2.21); A2005‑20 amdt 3.42, amdt 3.44; pars renum R6 LA (see A2005‑20 amdt 3.43); A2005‑54 amdt 1.56; A2014‑18 amdt 3.4; A2016‑7 s 14
Confiscation of erroneous or false instruments
s 52 hdgsub A2005‑20 amdt 3.45
s 52am A2005‑20 amdts 3.46-3.48; A2005‑54 amdt 1.57
Notification and review of decisions
pt 8 hdgsub A2008‑37 amdt 1.38
Meaning of reviewable decision—pt 8
s 53sub A2008‑37 amdt 1.38
Reviewable decision notices
s 54exp 2 June 2005 (s 64A (2))
ins A2008‑37 amdt 1.38
sub A2014‑6 s 6
Applications for review
s 55exp 2 June 2005 (s 64A (2))
ins A2008‑37 amdt 1.38
Transitional provisions
pt 9 hdgexp 2 June 2005 (s 64A (2))
Preliminary
div 9.1 hdg(prev pt 9 div 1 hdg) renum R3 LA
exp 2 June 2005 (s 64A (2))
Births
div 9.2 hdg(prev pt 9 div 2 hdg) renum R3 LA
exp 2 June 2005 (s 64A (2))
Notifications of births
s 56exp 2 June 2005 (s 64A (2))
Notification of registrable particulars
s 57exp 2 June 2005 (s 64A (2))
Medical certificates of causes of stillbirths
s 58exp 2 June 2005 (s 64A (2))
Changes of name
div 9.3 hdg(prev pt 9 div 3 hdg) renum R3 LA
exp 2 June 2005 (s 64A (2))
Applications
s 59exp 2 June 2005 (s 64A (2))
Orders of Magistrates Court
s 60exp 2 June 2005 (s 64A (2))
Deaths
div 9.4 hdg(prev pt 9 div 4 hdg) renum R3 LA
exp 2 June 2005 (s 64A (2))
Notifications of deaths by doctors
s 61exp 2 June 2005 (s 64A (2))
Notifications by coroners
s 62exp 2 June 2005 (s 64A (2))
Notifications of disposal of remains
s 63exp 2 June 2005 (s 64A (2))
Offences
div 9.5 hdg(prev pt 9 div 5 hdg) renum R3 LA
exp 2 June 2005 (s 64A (2))
Avoidance of double jeopardy
s 64exp 2 June 2005 (s 64A (2))
Expiry of part
div 9.6 hdgins A2005‑20 amdt 3.49
exp 2 June 2005 (s 64A (2))
Expiry etc
s 64Ains A2005‑20 amdt 3.49
exp 2 June 2005 (s 64A (2))
Certificate evidence
s 65sub A2005‑20 amdt 3.50; A2014‑8 s 13
am A2016‑7 s 15; ss renum R27 LA
Arrangements with States and other Territories
s 66am A2005‑20 amdt 3.51, amdt 3.52
Determination of fees
s 67sub A2001‑44 amdt 1.364
am A2006‑42 amdt 3.1
Approved forms
s 69sub A2001‑44 amdt 1.365
am A2005‑20 amdt 3.53; A2006‑42 amdt 3.1
Regulation-making power
s 70ins A2001‑44 amdt 1.365
am A2004‑1 amdt 1.18; A2016‑7 s 16; A2024‑31 amdt 1.4
Acts repealed
schom R2 LRA
Reviewable decisions
sch 1ins A2008‑37 amdt 1.39
am A2014‑6 s 7; items renum R21 LA; A2016‑7 s 17; items renum R27 LA
Dictionary
dictins A2005‑20 amdt 3.54
am A2006‑22 amdt 1.18 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.8; A2008‑37 amdt 1.40; A2012‑40 amdt 3.17; A2013‑39 amdt 2.5, amdt 2.6 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2014‑8 s 14; A2014‑18 amdt 3.2, amdt 3.3
def adult ins A2005‑20 amdt 3.54
def birth ins A2005‑20 amdt 3.54
def birth certificate ins A2005‑20 amdt 3.54
am A2024‑9 s 26
def birth parent ins A2019‑3 s 10
def birth registration statement ins A2005‑20 amdt 3.54
def change of name application ins A2014‑6 s 8
def child ins A2005‑20 amdt 3.54
def corresponding law ins A2005‑20 amdt 3.54
def corresponding parentage law ins A2016‑7 s 18
def corresponding parole law ins A2014‑6 s 8
def death ins A2005‑20 amdt 3.54
def doctor ins A2005‑20 amdt 3.54
om A2006‑42 amdt 3.2
def interstate recognised details certificate ins A2016‑7 s 18
def parental responsibility ins A2014‑8 s 15
def parents ins A2005‑20 amdt 3.54
def prohibited name ins A2005‑20 amdt 3.54
def recognised details certificate ins A2016‑7 s 18
def register ins A2005‑20 amdt 3.54
def registering authority ins A2005‑20 amdt 3.54
def registrable event ins A2005‑20 amdt 3.54
am A2006‑22 amdt 1.19 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.9; A2012‑40 amdt 3.18; A2013‑39 amdt 2.7 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
def registrable information ins A2005‑20 amdt 3.54
def relevant director-general ins A2014‑6 s 8
def restricted person ins A2014‑6 s 8
def repealed Act ins A2005‑20 amdt 3.54
def reviewable decision ins A2008‑37 amdt 1.41
def sexual reassignment surgery ins A2005‑20 amdt 3.54
om A2014‑8 s 16
def stillbirth ins A2005‑20 amdt 3.54
def stillborn child ins A2005‑20 amdt 3.54
sub A2019‑3 s 11
def transsexual person ins A2005‑20 amdt 3.54
om A2014‑8 s 16
def young person ins A2020‑40 s 16
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1998‑12 31 July 1999 2 A2000‑51 15 December 2000 3 A2001‑44 12 September 2001 4 A2004‑1 22 March 2004 5 A2004‑15 9 April 2004 6 A2005‑20 2 June 2005 7 A2005‑20 3 June 2005 8 A2005‑20 7 July 2005 9* A2005‑54 24 November 2005 10 A2006‑42 16 November 2006 11 A2008‑14 19 May 2008 12 A2008‑14 1 July 2008 13 A2008‑37 2 February 2009 14 A2009‑41 19 November 2009 15 A2009‑57 18 December 2009 16 A2011‑27 13 September 2011 17 A2011‑52 12 December 2011 18 A2012‑40 11 September 2012 19 A2012‑40 12 September 2012 20 A2013‑39 (never effective) ≠ 7 November 2013 20 (RI) A2013‑39 (never effective) ≠ 24 February 2014 21 A2014‑6 28 March 2014 22 A2014‑6 2 April 2014 23 A2014-8 26 April 2014 24 A2014-18 10 June 2016 25 A2016-4 2 March 2016 26 A2016-18 27 April 2016 27 A2016-7 29 August 2016 28 A2019‑3 27 February 2019 29 A2019‑42 14 November 2019 30 A2019‑42 3 December 2019 31 A2019‑42 28 February 2020 32 A2020‑17 6 May 2021 33 A2020‑40 20 August 2021 34 A2021‑33 31 December 2021 35 A2024‑9 29 March 2024 36 A2024‑31 10 July 2024 37 A2024‑31 28 March 2025 ≠ reissue because of High Court decision in relation to A2013-39
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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