Births, Deaths and Marriages Registration Regulation 1998 (ACT)

In the case of Births, Deaths and Marriages Registration Regulation 1998 (ACT), the matter involved the registration of a child's birth under the Births, Deaths and Marriages Registration Act 1996 (ACT). The particulars required for registration were disputed, specifically regarding the inclusion of details about a stillborn child. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the stillborn child's details should be included in the registration, considering the specific provisions of the Regulation.

The primary legal issue before the AAT was whether the birth parent was obligated to consult with the other parent before deciding not to include the stillborn child's details in the birth registration. This hinged on the interpretation of sections 11(3)(b) and 11(4)(b) of the Regulation, which allow exceptions to the requirement of including stillborn children's details if certain conditions are met, including the possibility of not consulting the other parent under specific circumstances. The court needed to ascertain if the birth parent had complied with the Regulation in this regard.

In its decision, the AAT held that the birth parent was not required to consult the other parent if it was not reasonably practicable or appropriate to do so. The Tribunal found that the birth parent had not acted unreasonably or inappropriately by not consulting the other parent, given the circumstances. The AAT concluded that the birth parent's decision aligned with the provisions of the Regulation, and thus, the stillborn child's details need not be included in the registration.

The AAT's final order was that the birth parent's decision not to include the stillborn child's details in the registration was in compliance with the Births, Deaths and Marriages Registration Regulation 1998 (ACT). The Tribunal affirmed that the birth parent's actions were appropriate and reasonable under the circumstances, thereby upholding the registration as it stood.