Re Leslie

[2006] QDC 264

[2006] QDC 264

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2039 of 2006

RE AN APPLICATION PURSUANT TO THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 (QLD) AND THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION REGULATION 2003 (QLD)
NOLA LESLIE	Applicant

BRISBANE

..DATE 13/07/2006

ORDER

CATCHWORDS: Births, Deaths and Marriages Registration Act 2003, s 11(1)(a) - order made that birth be registered

HIS HONOUR: This is an application under section 11(1)(a) of the Births, Deaths and Marriages Registration Act 2003 in respect of the applicant to have her birth in Queensland registered.

She is an Aboriginal lady of 75 who has not had occasion to require a birth certificate until very recently, in connection with an opportunity to travel to Fiji which requires that she have a passport.  There is some urgency about the application, given the arrangements already made for travel.

The circumstances are somewhat similar to those in a matter of Holland, Mackay D81 of 2003, which I dealt with on the 22nd of October 2003 in Mackay.  That involved the now superseded legislation. 

The applicant has, in her early life, been a person of concern to the Chief Protector of Aboriginals.  And as it happens, from relevant government files, it is plain that the applicant was born to her 18 year old mother on the 5th of July 1931 at Toobeah, which I understand is close to the Queensland border.  The applicant has spent a lot of her life in northern New South Wales.

The authorities took an interest in obtaining maintenance for the applicant, whose mother was always identified and, on the 8th of September 1931, obtained a sworn statement from one Ted Edwards who accepted he was the father and agreed to pay maintenance of 10 shillings per week. 

There is other interesting information among the documents collected.  But what I have referred to already is really sufficient.  I would note, however, that the applicant was seriously considered for a role in a Charles Chauvel film at one point.

There is nothing in the Act indicating that anyone need be served with an application such as the present.  As happened in the matter of Holland, the background to it is that the Registrar's office has been extremely helpful in the preparation of the application and indicated a willingness to register, if only the Court order were obtained.

Mr Herd has assembled, in convenient tabulated form, the various details that are customarily recorded in respect of a birth.  Those form part of the draft order, which I'll initial. Order in terms of that initialled draft.

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