Untitled document

Births, Deaths and Marriages Registration Amendment (Registration of Deaths) Regulations 2016

S.R. No. 59/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Particulars to be included in the birth registration statement

6Particulars to be specified by doctors in death notices

7Particulars to be included in notification by funeral director etc.

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Endnotes

STATUTORY RULES 2016

S.R. No. 59/2016

Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration Amendment (Registration of Deaths) Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 21 June 2016

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Births, Deaths and Marriages Registration Regulations 2008 to record on the death certificate the details of any relationship partner of the deceased and to update references for consistency with other Acts.

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 1 July 2016.

4Definitions

In regulation 5 of the Births, Deaths and Marriages Registration Regulations 2008[1]—

(a)insert the following definitions—

"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);

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)single; or

(b)married; or

(c)in a domestic relationship; or

(d)divorced; or

(e)widowed;";

(b)the definition of registered relationship is revoked.

5Particulars to be included in the birth registration statement

In regulation 7(l) of the Births, Deaths and Marriages Registration Regulations 2008, for "registered relationship" substitute "registered domestic relationship".

6Particulars to be specified by doctors in death notices

(1)In regulation 8(1)(b) of the Births, Deaths and Marriages Registration Regulations 2008, for "his or her" substitute "the deceased's".

(2)In regulation 8(1)(g) and (3)(d) of the Births, Deaths and Marriages Registration Regulations 2008, for "Medical Practitioner Board of Victoria" substitute "Australian Health Practitioner Regulation Agency".

7Particulars to be included in notification by funeral director etc.

(1)In regulation 9(1) of the Births, Deaths and Marriages Registration Regulations 2008—

(a)for paragraph (i) substitute—

"(i)the relationship status of the deceased at the time of death;";

(b)for paragraph (ia) substitute—

"(ia)in relation to each relationship partner of the deceased at the time of death—

(i)the person's given name(s), family 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;";

(c)for paragraph (j) substitute—

"(j)in relation to each previous relationship partner of the deceased—

(i)if known, the person's given name(s), family 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;".

(2)In regulation 9(3) of the Births, Deaths and Marriages Registration Regulations 2008—

(a)for paragraph (i) substitute—

"(i)the relationship status of the deceased at the time of death;";

(b)for paragraph (ia) substitute—

"(ia)in relation to each relationship partner of the deceased at the time of death—

(i)the person's given name(s), family 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;";

(c)for paragraph (j) substitute—

"(j)in relation to each previous relationship partner of the deceased—

(i)if known, the person's given name(s), family 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;".

(3)In regulation 9(1)(o)(i) and (3)(f)(i) of the Births, Deaths and Marriages Registration Regulations 2008, for "his or her Medical Practitioner Board of Victoria" substitute "the doctor's Australian Health Practitioner Regulation Agency".

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Endnotes

[1] Reg. 4: S.R. No. 114/2008 as amended by S.R. No. 133/2009.