Fitzgerald v Registrar of Births, Deaths and Marriages - [2020] QCAT 356

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Fitzgerald v Registrar of Births, Deaths and Marriages [2020] QCAT 356

PARTIES: GRANT LESLIE PATRICK FITZGERALD

(applicant)

v

REGISTRAR OF BIRTHS, DEATHS AND MARRIAGES

(respondent)

APPLICATION NO/S:

GAR387-19

MATTER TYPE:

General administrative review matters

DELIVERED ON:

15 September 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The decision under review is confirmed.

CATCHWORDS:
FAMILY LAW AND CHILD WELFARE – OTHER MATTERS – REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES – application for review of decision to refuse to give copy of death certificate – where death certificate not historical information – where relationship between applicant and deceased was that of claimant and respondent – where applicant sought to use certificate as evidence of its contents in court proceedings – whether death certificate information considered sensitive

Birth, Deaths and Marriages Registration Act 2003 (Qld), s 44, s 46, Schedule 2

Births, Deaths and Marriages Registration Regulation 2015 (Qld), r 27, Schedule 2

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

Mr Fitzgerald lodged an application with the Registrar of Birth, Deaths and Marriages (‘the Registrar’) for a copy of the death certificate of one Paul Anthony Rogers.
The Registrar refused the application on 20 September 2019. Mr Fitzgerald lodged an application for review of that decision with the Tribunal on 10 October 2019.
The Birth, Deaths and Marriages Registration Act 2003 (Qld) (‘the Act’) makes provision for obtaining a copy of a death certificate. In particular, s 44 relevantly provides:
(1) A person or other entity may apply to the registrar, in writing, for any of the following (the requested information) —
(a) a certificate or information about an event that is, or may be, in a register kept by the registrar;
(b) a copy of a source document.
…
(2) Unless the application relates to historical information, the registrar may refuse the application if the applicant does not have an adequate reason for obtaining the requested information.
(3) In deciding whether an applicant has an adequate reason for obtaining the requested information, the registrar must have regard to—
(a) the relationship, if any, between the applicant and the person to whom the information relates; and
(b) the reason that the applicant wants the information; and
(c) the use to be made of the information; and
(d) the age of the entry; and
(e) the contents of the entry or source document; and
(f) the sensitivity of the information; and
(g) any other relevant factors.
…
(8) A certificate is admissible in proceedings as evidence of its contents.
For the purposes of a death certificate, historical information means information that was registered more than 30 years before the day of the application: Schedule 2 of the Act and r 27 of the Birth, Deaths and Marriages Registration Regulation 2015 (Qld) (‘the Regulation’).
Mr Fitzgerald has provided a letter from the Office of the Health Ombudsman dated 30 August 2019. Relevantly, the letter states:
With regard to Mr Paul Rogers, I confirm the advice provided to you from [email protected] that Mr Paul Rogers is no longer employed by the office; he is deceased.
I am prepared to infer that Mr Rogers died within the past 30 years, and that his death certificate is not historical information.
The Tribunal has before it a copy of a Queensland Police Service witness statement given by Mr Rogers on 6 April 2017. Mr Fitzgerald’s evidence is that he has a complaint in the Magistrates Court relating to a number of persons, including Mr Rogers. As best as I can discern, Mr Fitzgerald disputes the contents of Mr Rogers’ statement, and claims that Mr Rogers committed an offence by fabricating evidence. The Tribunal also has before it a copy of a Bailiff’s Notice of Non-Service of Process dated 3 May 2018, indicating that Mr Rogers was unable to be served. Mr Fitzgerald states that he needs a death certificate of Mr Rogers in order to satisfy the Magistrates Court of Mr Rogers’ death.
Turning to the matters raised in s 44(3) of the Act:
(a)the relationship between Mr Fitzgerald and Mr Rogers is one of claimant/ respondent in Magistrates Court proceedings;
(b)Mr Fitzgerald wants the death certificate to satisfy the Magistrates Court of Mr Rogers’ death;
(c)the use to be made of the information is in supplying the death certificate to the Magistrates Court as evidence of its contents (see s 44(8) of the Act);
(d)the age of the entry is presumably somewhere between 6 April 2017, when Mr Rogers signed the witness statement, and 30 August 2019, when the Office of the Health Ombudsman advised that Mr Rogers was deceased;
(e)I have not seen the source document;
(f)the information on the death certificate may be considered sensitive – see further below;
(g)I am not aware of any other factors.
In relation to s 44(3)(f), I note that the information contained in a death certificate includes the following matters set out in Part 4 of Schedule 2 of the Regulation:
1 The deceased person’s—
(a) name at the date of death; and
(b) place of birth, if known; and
(c) date of death; and
(d) place of death; and
(e) age at the date of death; and
(f) sex at the date of death; and
(g) occupation; and
(h) marital or civil partnership status at the date of death.
2 If the deceased person was ever married—
(a) the name of each husband or wife; and
(b) the person’s age at the date of each marriage; and
(c) the place of each marriage.
3 If the deceased person was ever in a civil partnership—
(a) the name of each civil partner; and
(b) the deceased person’s age at—
(i) for a civil partnership entered into under the Civil Partnerships Act 2011, section 6(a)—the date the civil partnership was registered; or
(ii) for a civil partnership entered into under the Civil Partnerships Act 2011, section 6(b)—the date, under the Civil Partnerships Act 2011, section 13(2), on which the civil partnership had effect; or
(iii) for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011, section 33—the date the civil partnership was entered into under the relevant corresponding law; and
(c) the place—
(i) for a civil partnership entered into under the Civil Partnerships Act 2011, section 6(a)—the civil partnership was registered; or
(ii) for a civil partnership entered into under the Civil Partnerships Act 2011, section 6(b)—the deceased person made the declaration of civil partnership; or
(iii) for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011, section 33—the civil partnership was entered into under the relevant corresponding law.
4 If the deceased person was born outside Australia—the number of months or years of living in Australia.
5 If the deceased person had children—
(a) for each child living at the date of death—
(i) the child’s name; and
(ii) the child’s age at the date of death; and
(b) for any child who predeceased the deceased person—
(i) the child’s name and a statement to the effect that the child predeceased the deceased person; and
(ii) the child’s sex.
6 The deceased person’s father’s—
(a) name; and
(b) occupation.
7 The deceased person’s mother’s—
(a) name; and
(b) maiden surname, if applicable; and
(c) occupation.
8 For a parent, other than the father or mother, of the deceased—
(a) the parent’s name; and
(b) the parent’s occupation.
9 The cause of death.
10 The duration of the deceased person’s last illness.
11 The first initial and surname of the certifying doctor.
12 The date and place of burial.
13 The first initial and surname of—
(a) the person certifying the burial; and
(b) the minister of religion, or other person, officiating at the burial. 14 If a minister of religion officiates at the burial—the minister’s religion.
15 Each informant’s—
(a) name; and
(b) residential address; and
(c) relationship to the deceased person.
16 The registrar’s first initial and surname.
17 The registration number.
18 The date and place of registration.
19 The particulars of any marginal or other notes.
Most of this information may be considered be private to a deceased and his or her family. Section 46(2) of the Act requires that, as far as practicable, the persons to whom the information relates be protected from unjustified intrusion on their privacy.
I have had regard to all of the matters set out in s 44(3) of the Act. I have placed considerable weight on the adversarial relationship arising out of the proceedings commenced by Mr Fitzgerald against Mr Rogers, and the sensitive nature of information contained in a death certificate. I am satisfied that these factors strongly outweigh any inconvenience to Mr Fitzgerald in the conduct of his Magistrates Court proceedings.
The decision under review is confirmed.