Registration of Deaths Abroad Regulations 2018 (Cth)

Registration of Deaths Abroad Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 March 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Julie Bishop

Minister for Foreign Affairs

Contents

Part 1Preliminary1Name

This instrument is the Registration of Deaths Abroad Regulations 2018.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	23 March 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Registration of Deaths Abroad Act 1984.

4Schedules

Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Certificate of Death Abroad;

(b) Register;

(c) Registrar.

In this instrument:

Act means the Registration of Deaths Abroad Act 1984.

child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of childin this section.

Part 2—Registration of deathsapplication6Form of application for registration

For the purposes of paragraph 11(1)(a) of the Act, the form prescribed for an application for the registration of the death of a person is:

1. (a)

   in the case of an application under subsection 10(1) of the Act—Form 1 in Schedule 1; or

2. (b)

   in the case of an application under subsection 10(2) of the Act—Form 2 in Schedule 1.

7Manner of making application for registration

For the purposes of paragraph 11(1)(b) of the Act, the manner prescribed for making an application for the registration of the death of a person is by giving the application to the Registrar.

8Additional particulars for application for registration

For the purposes of paragraph 11(1)(m) of the Act, the other particulars prescribed for an application for the registration of the death of a person are:

1. (a)

   in the case of an application under subsection 10(1) of the Act—the particulars mentioned in Form 1 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (e), (f), (g), (j) and (k) of the Act); or

2. (b)

   in the case of an application under subsection 10(2) of the Act—the particulars mentioned in Form 2 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (h), (j) and (k) of the Act).

Part 3—Registration of deathsCertificate of Death Abroad9Particulars to be contained in Certificate of Death Abroad

For the purposes of subsection 15(1) of the Act, in relation to the registration of the death of a person, the particulars relating to the person, the death and the Registrar set out in this Part are prescribed.

10Particulars relating to person who has died

The prescribed particulars relating to the person are the following:

1. (a)

   surname;

2. (b)

   given names;

3. (c)

   date of death or date on which the person was last seen alive;

4. (d)

   place of death or place at which the person was last seen alive;

5. (e)

   gender;

6. (f)

   date of birth;

7. (g)

   place of birth;

8. (h)

   last known occupation;

9. (i)

   usual place of residence;

10. (j)

    nationality;

11. (k)

    relationship status;

12. (l)

    surname, given names and any former name of spouse or de facto partner (if any);

13. (m)

    first name, surname and date of birth of each child (if any);

14. (n)

    surname, given names and any former surname of each parent.

11Particulars relating to death, otherwise than by disappearance

For the death of a person otherwise than in circumstances mentioned in paragraph 9(1)(a) of the Act, the prescribed particulars relating to the death are the following:

1. (a)

   cause of death;

2. (b)

   name of medical practitioner, coroner or authority furnishing particulars;

3. (c)

   date of burial or cremation;

4. (d)

   place of burial or cremation.

12Particulars relating to the Registrar

The prescribed particulars relating to the Registrar are the following:

1. (a)

   name of the Registrar;

2. (b)

   place of registration;

3. (c)

   date application received by the Registrar.

13Particulars to be entered in the Register

For the purposes of section 16 of the Act, all particulars contained in a Certificate of Death Abroad are required to be entered in the Register.

Part 4Miscellaneous14Fees

1. (1)

   For the purposes of subsection 19(3) of the Act, the fee prescribed is the sum of the fixed component and the variable component.

2. (2)

   In this section:

fixed component means $9.

variable component means:

1. (a)

   for an application made in the financial year ending on 30 June 2018—$46; or

2. (b)

   for an application made in a later financial year—the variable component for an application made in the previous financial year increased by 4% (rounded down to the nearest dollar).

15Form of certificates by Registrar

For the purposes of paragraph 19(3)(b) of the Act, Form 3 in Schedule 1 is prescribed as the form for certification by the Registrar of a copy of, or an extract from, an entry in the Register.

16Manner of giving notices

For the purposes of subsections 20(4), 21(4) and 22(4) of the Act, a notice to a person who applied for the registration of a death may be given by sending it by registered post addressed to the person at the person’s address given in the application.

Part 5Application, saving and transitional provisions17Things done under the Registration of Deaths Abroad Regulations 1985

1. (1)

   If:

   1. (a)

      a thing was done for a particular purpose under the Registration of Deaths Abroad Regulations 1985 as in force immediately before those Regulations were repealed; and

   2. (b)

      the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

1. (2)

   Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

18Application – fees

Section 14 applies in relation to applications made on or after the commencement of this instrument.

Schedule 1Forms

Note: See sections 6 and 15.

Form 1Application for registration of a death abroad

BIRTHS, DEATHS AND MARRIAGES

APPLICATION TO REGISTER A DEATH ABROAD

Form 1 ‑ ADA

Registration of Deaths Abroad Act 1984 (Cth)

Registration of Deaths Abroad Regulations 2018 (Cth)

Applicant’s phone number

Registration Number

(Office use only)

PARTICULARS OF DECEASED
Surname						Given Name(s)
Date of Death		Time of Death			Place of Death
/ /		am/pm
If the death occurred on board a flying craft or ship: (a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of death (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage
(a) (b) (c) (d) (e)
Date of Birth	Gender					Place of Birth
/ /
Nationality						Last known occupation
Relationship status (e.g. married, de facto, single, divorced, widowed)						Surname of spouse or de facto partner (if applicable)
Former name of spouse or de facto partner (if applicable)						Given Name(s) of spouse or de facto partner (if applicable)
Children of the deceased (first name, surname)				Date of Birth		Gender		Deceased
/ /		NoYes
/ /		NoYes
/ /		NoYes
/ /		NoYes
Parent Surname (e.g. mother)			Parent Former Surname (if any)				Parent Given Name(s)
Parent Surname (e.g. father)			Parent Former Surname (if any)				Parent Given Name(s)

Details of Residence
Usual place of residence
Where person resided in Australia at any time, the address/es at which the person resided	Period of residence
Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.
(a)
(b)
(c)
(d)

Particulars of benefits payable by commonwealth

If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.

Medical particulars

Cause of death

Full name of medical practitioner, coroner or other authority furnishing medical particulars

BuRIAL/CREMATION PARTICULARS
Date of Burial/Cremation	Place of Burial/Cremation
/ /

DeTAILS OF APPLICANT
Rank or Title	Surname		Given Name(s)
Relationship to deceased		If not related, period applicant knew the deceased
If not related, grounds on which the applicant knows the identity of the deceased
Has an application for registration of death been made to any authority and, if not the Registrar, which authority
If an application for registration of death was made to any authority, was the application refused and reason

DECLARATION BY APPLICANT

I,

(full name)

being a

(occupation)

of

(address)

Email address:

certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.

Signature:

Date:

Form 2Application for registration of the death abroad of a person who has disappeared

BIRTHS, DEATHS AND MARRIAGES

APPLICATION TO REGISTER A DEATH ABROAD OF A PERSON WHO HAS DISAPPEARED

Form 2 ‑ ADD

Registration of Deaths Abroad Act 1984 (Cth)

Registration of Deaths Abroad Regulations 2018 (Cth)

Applicant’s phone number

Registration Number

(Office use only)

PARTICULARS OF DECEASED
Surname				Given Name(s)
Date last seen alive	Time last seen alive		Place last seen alive
/ /	am/pm
Date of Birth	Gender			Place of Birth
/ /
Nationality				Last known occupation
Relationship status (e.g. married, de facto, single, divorced, widowed)				Surname of spouse or de facto partner (if applicable)
Former name of spouse or de facto partner (if applicable)				Given Name(s) of spouse or de facto partner (if applicable)
Children of the deceased (first name, surname)			Date of Birth	Gender		Deceased
/ /	NoYes
/ /	NoYes
/ /	NoYes
/ /	NoYes
Parent Surname (e.g. mother)		Parent Former Surname (if any)			Parent Given Name(s)
Parent Surname (e.g. father)		Parent Former Surname (if any)			Parent Given Name(s)

DETAILS OF RESIDENCE
Usual place of residence
Where person resided in Australia at any time, the address/es at which the person resided	Period of residence

PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH

Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.

(a)

(b)

(c)

(d)

If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.

PARTICULARS OF WITNESSES
Surname of witness who last saw person alive	Given Name(s) of witness who last saw person alive
Address of witness who last saw person alive

Surname of other witness who last saw person alive	Given Name(s) of other witness who last saw person alive
Address of other witness last saw person alive
Surname of other witness who last saw person alive	Given Name(s) of other witness who last saw person alive
Address of other witness last saw person alive

Particulars of Disappearance

Such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant

Particulars of the grounds the applicant has for believing that the person has died

(a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of disappearance (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage

(a) (b) (c)

(d) (e)

Documents in support of application

List the documents furnished as evidence that the person is dead

DeTAILS OF APPLICANT
Rank or Title	Surname		Given Name(s)
Relationship to deceased		If not related, period applicant knew the deceased
If not related, grounds on which the applicant knows the identity of the person who has disappeared
Has an application for registration of death been made to any authority and, if not the Registrar, which authority
If an application for registration of death was made to any authority, was the application refused and reason

DECLARATION BY APPLICANT

I,

(full name)

being a

(occupation)

of

(address)

Email address:

certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.

Signature:

Date:

Form 3Certificate for copy or extract of entry in the Register

Registration of Deaths Abroad Regulations 2018

COMMONWEALTH OF AUSTRALIA

I hereby certify that the above particulars are contained in an entry in the Register kept in the Australian Capital Territory.

Given under my hand and seal this (insert date).

(signed)

Registrar of Deaths Abroad

Schedule 2—Repeals

Registration of Deaths Abroad Regulations 1985

1

The whole of the instrument

Repeal the instrument.