Births, Deaths and Marriages Registration Regulations 2019 (Vic)
Version No. 003
Births, Deaths and Marriages Registration Regulations 2019
S.R. No. 77/2019
Version incorporating amendments as at
23 September 2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocations
5Definitions
5AExecution of documents
7Particulars to be included in birth registration statement
7ADefinitions of relevant person
8Particulars to be specified by doctors in death notices
9Particulars to be included in notification by funeral director
10Particulars to be included in notification by funeral director—human remains not disposed of within 30 days of death
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 003
Births, Deaths and Marriages Registration Regulations 2019
S.R. No. 77/2019
Version incorporating amendments as at
23 September 2025
1Objective
The objective of these Regulations is to prescribe for the purposes of the Births, Deaths and Marriages Registration Act 1996—
(a)particulars which are to be included in birth registration statements, notices of death and notices in relation to disposal of human remains; and
(b)other matters required to be prescribed for that Act.
2Authorising provision
These Regulations are made under section 59 of the Births, Deaths and Marriages Registration Act 1996.
3Commencement
These Regulations come into operation on 21 September 2019.
4Revocations
The following Regulations are revoked—
(a)the Births, Deaths and Marriages Registration Regulations 2008[1];
(b)the Births, Deaths and Marriages Registration Amendment Regulations 2009[2];
(c)the Births, Deaths and Marriages Registration Amendment (Registration of Deaths) Regulations 2016[3];
(d)the Subordinate Legislation (Births, Deaths and Marriages Registration Regulations 2008) Extension Regulations 2018[4].
5Definitions
In these Regulations—
Aboriginal or Torres Strait Islander means a person who—
(a)is of Aboriginal or Torres Strait Islander descent; and
(b)identifies as an Aboriginal or Torres Strait Islander; and
(c)is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community;
domestic relationship means—
(a)a registered domestic relationship; or
(b)the relationship between 2 adult persons who are not married to each other but are a couple where one or each of the persons in the relationship provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether they are living under the same roof, but does not include a relationship in which a person provides domestic support and personal care to the other person—
(i)for fee or reward; or
(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
donor treatment procedure has the same meaning as in section 17B(4) of the Act;
registered ART provider has the same meaning as in section 3 of the Assisted Reproductive Treatment Act 2008;
registered domestic relationship means a registered domestic relationship within the meaning of the Relationships Act 2008;
relationship partner of a person means—
(a)a person's spouse; or
(b)a person with whom the person is in a domestic relationship;
relationship status means a person's status of being—
(a)never validly married; or
(b)married; or
(c)in a domestic relationship; or
(d)divorced; or
(e)widowed; or
(f)in relation to a domestic relationship, a person whose relationship partner has died;
the Act means the Births, Deaths and Marriages Registration Act 1996.
5AExecution of documents
For the purposes of section 10(1) of the Act, the Registrar's signature and seal may be produced by using a digital method, including by producing a digitised, electronic or computer-generated image of the signature and seal.
* * * * *
7Particulars to be included in birth registration statement
For the purposes of section 14 of the Act, the following particulars are prescribed—
(a)whether the child was born alive or stillborn;
(b)the child's full name;
(c)the child's sex;
(d)the child's date of birth;
(e)whether the birth was a multiple birth;
(f)the name of the hospital or medical facility the child was born in, or the place of birth, and full name and contact details of the doctor, midwife or other person present at the birth;
(g)whether the child was conceived by a donor treatment procedure, and, if so, the name and business address of the registered ART provider or full name of the doctor who carried out the donor treatment procedure;
(h)the full name, birth name, occupation and usual place of residence of each parent of the child;
(i)the date of birth (or, if unknown, age at the time of the child's birth) and place of birth of each parent of the child;
(j)whether the parents of the child were married and the date and place of that marriage;
(k)whether the parents of the child were in a domestic relationship and the date and place of the registration of that domestic relationship (if applicable);
(l)the full name and date of birth of each previous child of both parents of the child;
(m)the full name and date of birth of each previous child of each parent of the child;
(n)whether a parent of the child is Aboriginal or Torres Strait Islander.
7ADefinitions of relevant person
(1)For the purposes of section 30B(5)(c) of the Act, the prescribed class of persons is a person aged 18 years or over who—
(a)has known the child for at least 12 months; and
(b)is not the child's parent or guardian.
(2)For the purposes of section 30EA(8)(c) of the Act, the prescribed class of persons is a person aged 18 years or over who—
(a)has known the child for at least 12 months; and
(b)is not the child's parent or guardian.
8Particulars to be specified by doctors in death notices
(1)For the purposes of section 37(1) and (2) of the Act, the following particulars are prescribed—
(a)the deceased's full name;
(b)the deceased's date of birth or, if unknown, the deceased's age at death;
(c)the causes of death;
(d)the date and place of the death;
(e)whether the deceased was Aboriginal or Torres Strait Islander;
(f)the full name and business address of the doctor giving the notice and the doctor's Australian Health Practitioner Regulation Agency registration number;
(g)whether the doctor has notified the death as a reviewable death or reportable death within the meaning of the Coroners Act 2008;
(h)if known, the full name and address of the deceased's next of kin;
(i)if known, the full name and business address of the funeral director or other person arranging for the disposal of the human remains;
(j)if known, whether the deceased had a cardiac pacemaker or other battery-powered device.
(2)If the notice of death is for a child, the following particulars in relation to each living or deceased sibling of the deceased child are also prescribed—
(a)full name;
(b)date of birth or, if unknown, age at the time of the deceased child's death;
(c)place of birth;
(d)whether living or deceased;
(e)the full name of each parent (if known).
(3)If the notice of death is for a perinatal death, the following particulars in relation to each parent of the deceased child are also prescribed (if known)—
(a)full name;
(b)address;
(c)date of birth or, if unknown, age at the time of the death;
(d)whether the parent is Aboriginal or Torres Strait Islander.
9Particulars to be included in notification by funeral director
(1)For the purposes of section 39(1) of the Act, the following particulars are prescribed—
(a)the deceased's full name and any other names by which the deceased was known;
(b)the date and place of death;
(c)the sex, date of birth (or, if unknown, age at death) and place of birth of the deceased;
(d)the usual occupation of the deceased before death;
(e)the date, place and manner of disposal of the remains of the deceased;
(f)the full name and business address of the funeral director or other person who arranged for the disposal of the human remains;
(g)whether the deceased was Aboriginal or Torres Strait Islander;
(h)if the deceased was born outside Australia, the total period of the deceased's residence in Australia to the date of death;
(i)if known, the relationship status of the deceased at the time of death;
(j)in relation to each relationship partner of the deceased at the time of death—
(i)the person's full name and sex; and
(ii)if applicable, the year of marriage or registered domestic relationship (or age of the deceased at the year of marriage or registered domestic relationship) and the place of marriage or registered domestic relationship;
(k)in relation to each previous relationship partner of the deceased—
(i)if known, the person's full name and sex; and
(ii)if applicable, the year of marriage or registered domestic relationship and the place of marriage or registered domestic relationship;
(l)the full name and date of birth (or, if unknown, age) of each child of whom the deceased had legal parentage (including deceased children);
(m)the full name, birth name and usual occupation of each parent of the deceased;
(n)the last usual residence of the deceased;
(o)the full name and business address of—
(i)the doctor who gave notice under section 37(2) of the Act that the death has occurred and the doctor's Australian Health Practitioner Regulation Agency registration number; or
(ii)the coroner who ordered the release of the body of the deceased.
(2)If the notice is a notice of disposal of the remains of a deceased child, the following particulars in relation to each living or deceased sibling of the deceased child are also prescribed—
(a)full name;
(b)date of birth or, if unknown, age at the time of the deceased child's death;
(c)place of birth;
(d)whether living or deceased.
10Particulars to be included in notification by funeral director—human remains not disposed of within 30 days of death
For the purposes of section 39(2) of the Act, the following particulars are prescribed—
(a)the deceased's full name and any other names by which the deceased was known;
(b)the date and place of death;
(c)the sex, date of birth (or, if unknown, age at death) and place of birth of the deceased;
(d)the usual occupation of the deceased before death;
(e)the full name and business address of the funeral director or other person who has custody of the remains of the deceased and the reason for non-disposal of the remains;
(f)the full name and business address of—
(i)the doctor who gave notice under section 37(2) of the Act that the death has occurred and the doctor's Australian Health Practitioner Regulation Agency registration number; or
(ii)the coroner notified of the death;
(g)whether the deceased was Aboriginal or Torres Strait Islander;
(h)if the deceased was born outside Australia, the total period of the deceased's residence in Australia to the date of death;
(i)if known, the relationship status of the deceased at the time of death;
(j)in relation to each relationship partner of the deceased at the time of death—
(i)the person's full name and sex; and
(ii)if applicable, the year of marriage or registered domestic relationship (or age of the deceased at the year of marriage or registered domestic relationship) and the place of marriage or registered domestic relationship;
(k)in relation to each previous relationship partner of the deceased—
(i)if known, the person's full name and sex; and
(ii)if applicable, the year of marriage or registered domestic relationship and the place of marriage or registered domestic relationship;
(l)the full name and date of birth (or, if unknown, age) of each child of whom the deceased had legal parentage (including deceased children);
(m)the full name, birth name, date of birth and usual occupation of each parent of the deceased;
(n)the last usual residence of the deceased.
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Births, Deaths and Marriages Registration Regulations 2019, S.R. No. 77/2019 were made on 10 September 2019 by the Governor in Council under section 59 of the Births, Deaths and Marriages Registration Act 1996, No. 43/1996 and came into operation on 21 September 2019: regulation 3.
The Births, Deaths and Marriages Registration Regulations 2019 will sunset 10 years after the day of making on 10 September 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Births, Deaths and Marriages Registration Regulations 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Births, Deaths and Marriages Registration and Births, Deaths and Marriages Registration (Fees) Amendment Regulations 2020, S.R. No. 25/2020
Date of Making: 21.4.20 Date of Commencement: Regs 4–7 on 1.5.20: reg. 3
Births, Deaths and Marriages Registration Amendment Regulations 2025, S.R. No. 92/2025
Date of Making: 23.9.25 Date of Commencement: 23.9.25
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 4(a): S.R. No. 114/2008 as amended by S.R. Nos 133/2009 and 59/2016 and extended in operation by S.R. No. 109/2018.
[2] Reg. 4(b): S.R. No. 133/2009.
[3] Reg. 4(c): S.R. No. 59/2016.
[4] Reg. 4(d): S.R. No. 109/2018.
0
0
0