Untitled document

Births, Deaths and Marriages Registration Amendment Regulations 2009

S.R. No. 133/2009

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provision

3Commencement

4Principal Regulations

PART 2—AMENDMENTS RELATING TO THE CORONERS
ACT 2008 AND RELATIONSHIPS ACT 2008

5Definitions

6Particulars to be included in birth registration statement

7Particulars to be specified by doctors in death notices

8Particulars to be included in notification by funeral director etc.

PART 3—AMENDMENTS RELATING TO PART 15 OF THE ASSISTED REPRODUCTIVE TREATMENT ACT 2008

9Definitions

10Regulation 7 substituted

7Particulars to be included in birth registration statement

11Particulars to be included in notification by funeral director etc.

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 133/2009

Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 4 November 2009

Responsible Minister:

ROB HULLS
Attorney-General

TOBY HALLIGAN

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Births, Deaths and Marriages Registration Regulations 2008 to accommodate changes made to the Births, Deaths and Marriages Registration Act 1996 by—

(a)the Assisted Reproductive Treatment Act 2008; and

(b)the Coroners Act 2008; and

(c)the Relationships Act 2008.

2Authorising provision

These Regulations are made under section 59 of the Births, Deaths and Marriages Registration Act 1996.

3Commencement

(1)Except for Part 3, these Regulations come into operation on the day on which they are made.

(2)Part 3 of these Regulations comes into operation on the commencement of Part 15 of the Assisted Reproductive Treatment Act 2008.

4Principal Regulations

In these Regulations, the Births, Deaths and Marriages Registration Regulations 2008[1] are called the Principal Regulations.

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PART 2—AMENDMENTS RELATING TO THE CORONERS ACT 2008 AND RELATIONSHIPS ACT 2008

5Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"registered relationship means a relationship that is registered under Part 2.2 of the Relationships Act 2008;".

6Particulars to be included in birth registration statement

After regulation 7(k) of the Principal Regulations insert—

"(ka)the date and place of the registration of the registered relationship of the parents of the child (if applicable);".

7Particulars to be specified by doctors in death notices

(1)In regulation 8(2)(b) of the Principal Regulations, for "Coroners Act 1985" substitute "Coroners Act 2008".

(2)For regulation 8(2)(c) of the Principal Regulations substitute—

"(c)confirmation that the doctor has not notified the death—

(i)as a reportable death within the meaning of the Coroners Act 2008 to a coroner or a police officer in accordance with section 10, 11 or 12 of that Act; or

(ii)as a reviewable death within the meaning of the Coroners Act 2008 to the State Coroner in accordance with section 13 of that Act.".

8Particulars to be included in notification by funeral director etc.

(1)After regulation 9(1)(i) of the Principal Regulations insert—

"(ia)whether the deceased was in a registered relationship immediately before death;".

(2)For regulation 9(1)(o)(ii) of the Principal Regulations substitute—

"(ii)the coroner who ordered the release of the body of the deceased.".

(3)In regulation 9(2)(b) of the Principal Regulations, for "Coroners Act 1985" substitute "Coroners Act 2008".

(4)After regulation 9(3)(i) of the Principal Regulations insert—

"(ia)whether the deceased was in a registered relationship immediately before death;".

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PART 3—AMENDMENTS RELATING TO PART 15 OF THE ASSISTED REPRODUCTIVE TREATMENT ACT 2008

9Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"donor treatment procedure has the same meaning as in section 17B(4) of the Act;

registered ART provider has the same meaning as in section 3 of the Assisted Reproductive Treatment Act 2008;".

10Regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

"7   Particulars to be included in birth registration statement

A birth registration statement to be lodged with the Registrar under section 14 of the Act must include the following particulars—

(a)whether the child was born alive or stillborn;

(b)the child's name;

(c)the child's sex;

(d)the date and place of birth;

(e)whether or not the birth was a multiple birth;

(f)the full name and address of the doctor or midwife responsible for the professional care of the mother at the birth;

(g)whether the child was conceived by a donor treatment procedure;

(h)the name and address of the registered ART provider or doctor who carried out the donor treatment procedure;

(i)the full name, birth name, occupation and usual place of residence of the parents of the child;

(j)the date of birth (or age) and place of birth of the parents of the child;

(k)the date and place of marriage of the parents of the child (if applicable);

(l)the date and place of the registration of the registered relationship of the parents of the child (if applicable);

(m)the given name and date of birth of each previous child of both parents of the child;

(n)whether or not a parent of the child is of Aboriginal or Torres Strait Islander origin.".

11Particulars to be included in notification by funeral director etc.

(1)For regulation 9(1)(l) of the Principal Regulations, substitute—

"(l)the full names, birth names and occupations of the parents of the deceased;".

(2)Regulation 9(1)(m) of the Principal Regulations is revoked.

(3)For regulation 9(3)(l) of the Principal Regulations substitute—

"(l)the full names, birth names and occupations of the parents of the deceased;".

(4)Regulation 9(3)(m) of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 114/2008.