Registration of Births, Deaths and Marriages Act Amendment Act 1989 (Qld)

120 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT AMENDMENT ACT ANALYSIS OF CONTENTS I. Short Title 2. Citation 3. Commencement 4. Amendment of s. 5 . Interpretation 5. Amendment of s. 24 . Notification of perinatal death 6. Repeal of and new s. 25 Father's registration where child ' s parents not married to each other 7. Amendment of s. 26. Late registrations of birth 8. Repeal of s. 27A and new ss. 27A and 27a. Entry of child's surname in register Entry of child' s surname in register Entry of change of child's surname 9. Amendment of s. 28A. Entry of change of surname of child 10. New s. 29A Registration of birth before 1988 amending Act of child not born alive ANNO TRICESIMO OCTAVO ELIZABETHAE SEC UN DAE REGINAE No. 15 of 1989 An Act to amend the Registration o f Births, Deaths and Marriages Act 1962-1987 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 121 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short Title. This Act may be cited as the Registration of Births, Deaths and Marriages Act Amendment Act 1989. 2. Citation . (1) In this Act the Registration of Births, Deaths andMarriages Act 1962-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Registration of Births, Deaths and Marriages Act 1962-1989. 3. Commencement . (1) Sections 1, 2 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1) the provisions of this Act shall commence on a day to be appointed by Proclamation. 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) numbering the provisions thereof as subsection (1); (b) omitting the definitions "Child" and "Child not born alive"; (c) adding at the end of the section the following subsections:- "(2) For the purposes of this Act- (a) a child born alive is one whose heart has beaten after it has been completely expelled or extracted from its mother; (b) a child not born alive is one whose heart has not beaten after it has been completely expelled or extracted from its mother and who is either- (i) of not less than 20 weeks gestation; or (ii) of not less than 400 grams by weight at birth; and (c) unless a contrary intention appears, reference in this Act to a child is a reference to a child born alive and a child not born alive. (3) For the purposes of this Act, a child not born alive shall be deemed to be a person who has died in the premises in which it is completely expelled or extracted from its mother.". 5. Amendment of s. 24. Notification of perinatal death. Section 24 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:- "(5) In the case of every child not born alive or who has died within 28 days after birth, the Registrar-General shall insert 5

122 Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 in the register of deaths the cause of death shown in the medical certificate relating to such child lodged pursuant to this section." 6. Repeal of and new s. 25. The Principal Act is amended by repealing section 25 and substituting the following section: "25. Father' s registration where child 's parents not married to each other. (1) Notwithstanding the provisions of section 23, 26 or 27, in the case of a child whose parents were not married to each other at the time of its conception and have not since married each other, the Registrar-General shall not enter in the register the name of any person as father of the child except- (a) at the joint request of the mother and the person acknowledging himself to be the father of the child; or (b) at the request of the mother, if there is a declaration of paternity, made under the Statusof Children Act1978 or that Act as amended and in force for the time being , having force and effect in relation to the child and the Registrar - General is satisfied that in the circumstances of the case it is likely the declaration will not be revoked. (2) This Act does not require a person to give information, as the father of the child , concerning the birth of a child- (a) in any case where the Registrar - General is prohibited from entering in the register the name of any person as father of the child; or (b) in the case referred to in paragraph ( b) of subsection (1). (3) In the case of a joint request referred to in paragraph (a) of subsection ( 1) both the mother and the person acknowledging himself to be the father shall sign a certificate of birth of the child to whom the joint request relates. (4) If the mother of a child to whom subsection ( 1) relates is dead or the Registrar - General is satisfied that the mother's whereabouts are unknown or that the mother is unable to sign a certificate of birth the Registrar - General may enter in the register the name of the person acknowledging himself to be the father of the child at the request of that person alone. (5) A joint request or a request by a person acknowledging himself to be the father of a child, referred to in subsection (1) or (4), may be made at the time when the birth is registered or at any time thereafter and, in the latter case , may be so made whether the birth was registered before or after the commencement of the Statusof Children Act 1978.".

Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 123 7. Amendment of s. 26. Late registrations of birth . Section 26 of the Principal Act is amended in subsection (2) by omitting the second paragraph thereof and substituting the following paragraph:- "The order- (a) shall contain the necessary particulars for the registration of the birth; and (b) upon the application of the person seeking the order, may direct as to the name to be entered in the register as the surname of the person to whose birth the order relates, being the surname that the Judge making the order considers, in his discretion, to be appropriate in the circumstances of the case.". 8. Repeal of s. 27A and new ss. 27A and 27B. Entry of child's surname in register . The Principal Act is amended by repealing section 27A and substituting the following sections:- "27A. Entry of child ' s surname in register . The name to be entered in the register of births as the surname of a child shall be- (a) where there is an order under section 26 (2) that directs as to the surname that shall be entered therein relating to the child in question, that surname; (b) if there is no such order- (i) the surname of the father, where a person is registered as the father of the child; or (ii) the surname of the mother, where no person is registered as the father of the child. 27B. Entry of change of child's surname . (1) Where the name entered in the register of births as the surname of a child is that directed by an order under section 26 (2) and subsequently a person is registered as the father of the child, upon application in the prescribed form- (a) by the mother of the child; or (b) if the mother is dead or the Registrar-General is satisfied that her whereabouts are unknown or that she is unable to make the application, by the father of the child, the Registrar-General may, subject to subsection (2), by a marginal note in the appropriate birth registration enter a change of surname of the child to the surname of the father. (2) The Registrar-General shall not act upon an application under subsection (1), if at the date of the application the child has attained the age of 12 years, unless there is lodged with the

124 Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 Registrar-General a consent in the prescribed form of the child to the change of surname applied for.". 9. Amendment of s. 28A . Entry of change of surname of child. Section 28A of the Principal Act is amended by- (a) omitting subsection (5) and substituting the following subsection:- "(5) The Registrar-General shall not act upon an application made pursuant to subsection (2), (3) or (4) unless the appropriate provisions of paragraphs (a) to (d) of this subsection are complied with- (a) if at the date of the application the child has attained the age of 12 years, there shall be lodged with the Registrar-General a consent in the prescribed form to the change of surname applied for of the child; (b) if at the date of the application the child has not attained the age of 12 years, there shall be lodged with the Registrar-General an undertaking in the prescribed form by the applicant and by the husband (if any) of the applicant that if the application is approved the child will be informed of the particulars of the change of its surname when in the opinion of the person giving the undertaking the child has attained an appropriate age less than the age of 18 years; (c) there shall be lodged with the Registrar-General a consent in the prescribed form to the change of surname applied for of the husband (if any) of the applicant and of the Director within the meaning of the Children's Services Act 1965-1987; (d) unless there is in operation in relation to the application an order granted under subsection (5A), there shall be lodged with the Registrar-General a consent in the prescribed form to the change of surname applied for of- (i) the child's father, where the application is made pursuant to subsection (3), or, if he is deceased, a guardian of the child; (ii) the person who is the male parent of the child by reason of the making of an adoption order, where the application is made pursuant to subsection (4), or, if he is deceased, a guardian of the child. A consent required by this subsection, other than that of the Director- (a) shall be witnessed by an officer of the department of government for the time being administering the Children's ServicesAct 1965-1987;

Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 125 a barrister or solicitor; or a justice; and (b) shall be irrevocable except by notice in writing witnessed by a justice and delivered to the Director within 30 days from the date of the consent."; (b) inserting after subsection (5) the following subsection:- "(5A) A person who has made an application under subsection (3) or (4) may apply to the Supreme Court or to a Children's Court for an order that a consent required by the appropriate provision of paragraph (d) of subsection (5) be dispensed with on the ground that- (a) the whereabouts of the person whose consent is required have not been discovered after reasonable enquiries made by or on behalf of the applicant and are unknown to the applicant; (b) the person whose consent is required is incapable of giving a valid consent; or (c) there has been no contact between the child to whom the application relates and the person whose consent is required for a period of two years. A court to which application is made under this subsection may make the order thereby sought if the court is satisfied that the ground on which the order is sought is established by the evidence adduced in relation to the application and jurisdiction is hereby conferred on every Children's Court accordingly."; (c) in subsection (6), omitting the words "of the Department for the time being administering the Children's Services Act 1965-1987 ". 10. New s. 29A . The Principal Act is amended by inserting after section 29 of the following section:- "29A. Registration of birth before 1988 amending Act of child not born alive . (1) Where application is made to the Registrar- General to register the birth of a child not born alive that occurred within the period of five years preceding the passing of the Registration of Births, Deaths and Marriages Act Amendment Act 1989, it shall be deemed that the prescribed provisions of this Act apply in respect of that birth, according to the terms of those provisions, subject to this section. (2) If in any case referred to in subsection (1) the applicant does not furnish to the Registrar-General sufficient information to comply with the relevant prescribed provisions of this Act, the Registrar-General shall refer the matter of the application to the Minister.

126 Registration of Births, Deaths and Marriages Act Amendment Act 1989, No. 15 (3) Where application is made to the Registrar-General to register the birth of a child not born alive that occurred more than five years before the passing of the Registration of Births, Deaths and Marriages Act Amendment Act 1989, the Registrar- General shall refer the matter of the application to the Minister. (4) If in respect of a matter referred to the Minister under subsection (2) or (3) the Minister or his delegate appointed in writing in this behalf is satisfied by the applicant of sufficient facts relating to the birth to which the application relates as to justify, in the Minister's or delegate's opinion, registration of the birth, the Minister or delegate may approve of the application whereupon the prescribed provisions of this Act shall apply in respect of that birth, according to the terms of those provisions, varied only as expressly specified in the approval and it shall be lawful for the Registrar-General to register the birth in accordance with the approval. (5) If in any case of an application referred to in subsection (1) or (3) it appears to the person considering the application that it is impracticable to furnish such documentary evidence relating to the birth as is required by this Act, evidence of the relevant facts may be furnished by affidavit made in accordance with law upon oath or affirmation. Any justice may take any such affidavit. (6) An application under this section shall not be successful unless there is furnished to the Registrar-General, the Minister or the delegate in connexion with the application sufficient information to enable the Registrar-General to register in accordance with the prescribed provisions of this Act the death of the child to whose birth the application relates. (7) Subsection (5) applies in respect of evidence relating to a death as it does in respect of evidence relating to a birth. (8) In this section the expression "the prescribed provisions of this Act" means the provisions of this Act concerning notification or registration of birth or death, other than the provisions of this section or section 26 (2) and provisions that require payment of any fee for registration of a birth or death.". 11. Repeal of s. 46. The Principal Act is amended by repealing section 46.