Registration of Deaths Abroad Regulations 2018

Administered by Department of Foreign Affairs and Trade

Legislation au F2018L00351 Regulations In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Foreign Affairs

 

Registration of Deaths Abroad Regulations 2018

Registration of Deaths Abroad Act 1984

 

The Registration of Deaths Abroad Act 1984 (the RDA Act) provides for the registration of the deaths of Australian citizens who have died overseas.

Section 28 of the RDA Act provides that the Governor-General may make regulations, not inconsistent with this Act; prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.  It also provides for the manner of giving notices under the Act.

About 1,300 Australians die each year abroad. Most of these deaths are registered under applicable state or territory legislation. However, some deaths occur in circumstances where state and territory governments advise they are not able to effect registration, such as where a strong connection could not be made to an Australian state or territory. In such instances, the RDA Act authorises the Registrar‑General of the Australian Capital Territory (the ACT Registrar-General) to register such deaths in a capacity as the Registrar of Deaths Abroad. 

The Registration of Deaths Abroad Regulations 1985 (the RDA Regulations) currently prescribes the manner of making an application for the registration of a death abroad.  The RDA Regulations are due to sunset on 1 April 2018.

Issues giving rise to the need to remake the instrument

The purpose of the Registration of Deaths Abroad Regulations 2018 (the proposed Regulations) would be to repeal and remake the RDA Regulations in accordance with Part 4 of Chapter 3 of the Legislation Act 2003. The proposed Regulations would be substantially the same but would be modernised to reflect the requirement of contemporary legislation and guidelines. For example, alignment with the Attorney Generals Department Guidelines on the Recognition of Sex and Gender.

 

Personal information collected under the proposed Regulations would be for the purpose of completing an entry on the Register of Deaths Abroad and is consistent with that collected by the Australian Capital Territory (ACT) Government for ACT resident death certificates.

The RDA fees have also been aligned with contemporary fees that are charged by the ACT Registrar-General.  The variable component - $46 - reflects the fee currently charged by the ACT government for similar services.  This fee is set by the ACT Government in accordance with ACT Legislation Act 2001 and is indexed annually at 4 per cent.  The ACT Government has advised its fees are established with ‘a view to full cost recovery’ and are comparable with other jurisdictions’.  Similar services in NSW attracts a fee of $56, which includes a $9 postage and handling fee (as at 25 January 2018).  The ACT government also charges a non-variable mailing fee of $9, which is also calculated on full cost recovery basis.

 

 

Attachment A contains a Statement of Compatibility with Human Rights.

Consultation

The Attorney General’s Department and the Australian Capital Territory, Registrar-General as the Registrar of Deaths Abroad, Birth Death and Marriages were consulted during the drafting and passage of the remake of the regulations.  They supported the amendments. 

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR ID 20337) has advised a regulation impact statement is not needed for the legislation because its measures are of minor policy significance and will not impose a regulatory burden on individuals, businesses, or community organisations.


Attachment A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Registration of Deaths Abroad Regulations 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

The Registration of Deaths Abroad Act 1984 (the RDA Act) provides for the registration of the deaths of Australian citizens who have died overseas.

Section 28 of the RDA Act provides that the Governor-General may make regulations, not inconsistent with this Act; prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.  It also provides for the manner of giving notices under the Act.

The Registration of Deaths Abroad Regulations 1985 (the RDA Regulations) currently prescribes the manner of making an application for the registration of a death abroad.  The RDA Regulations will sunset on 1 April 2018.

Around 1,300 Australians die each year abroad.  Most of these deaths are registered under applicable state or territory legislation.  However, some deaths occur in circumstances where state and territory governments advise they are not able to effect registration, such as where a strong connection could not be made to an Australian state or territory.

 

For these cases, the RDA Act authorised the Registrar-General of the Australian Capital Territory (ACT Registrar-General) to make these registrations as the National Registrar of Deaths Abroad.  

 

Human rights implications

The proposed remade regulations do not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  For clarity, the registration of deaths under the RDA Act is a non-mandatory regime.

Conclusion

The Amendment Regulations are compatible with human rights as they do not limit any rights or raise any human rights issues of concern.

Overview

The Registration of Deaths Abroad Act 1984 was enacted to address the problem of Australian citizens dying overseas and the subsequent need for their deaths to be registered in a manner that ensures recognition and appropriate legal and administrative actions. This Act empowers the Governor-General to create regulations for the registration process, including the notification of deaths, to ensure that deaths of Australians abroad are properly documented. The Registration of Deaths Abroad Regulations 2018, issued under the authority of the Minister for Foreign Affairs, aim to modernise the existing regulations, which were due to sunset on 1 April 2018. The new regulations align with contemporary legislative requirements and guidelines, including those concerning the recognition of sex and gender. These regulations also modernise the fees associated with death registration to reflect contemporary standards and ensure full cost recovery, in line with practices of the Australian Capital Territory government. The policy objective is to provide a streamlined and efficient process for the registration of deaths abroad, ensuring that all Australians receive appropriate recognition regardless of where they pass away.

Scope and Application

The Registration of Deaths Abroad Act 1984 applies to Australian citizens who die overseas, particularly in circumstances where state or territory governments are unable to register the death due to a lack of strong connection to Australia. This Act authorises the Registrar-General of the Australian Capital Territory to act as the Registrar of Deaths Abroad for such cases. The Act’s reach is limited to Australian citizens and does not apply to non-citizens. The Registration of Deaths Abroad Regulations 2018, which were made under section 28 of the RDA Act, provide for the manner of making an application for the registration of a death abroad and are intended to align with contemporary legislation and guidelines. These regulations replace the outdated Registration of Deaths Abroad Regulations 1985. While the Act and its regulations primarily concern the formalities of death registration, they do not impose significant regulatory burdens on individuals or entities, as confirmed by the Office of Best Practice Regulation. The fees associated with these registrations are set with a view to full cost recovery, aligning with fees charged by the ACT government for similar services.

Key Provisions

The Registration of Deaths Abroad Regulations 2018 (the Regulations) are designed to update and replace the Registration of Deaths Abroad Regulations 1985 (the 1985 Regulations). These Regulations, which come into force on 1 April 2018, are made under the authority of the Registration of Deaths Abroad Act 1984 (the RDA Act) and provide for the registration of deaths of Australian citizens who have died overseas, particularly in cases where state and territory governments are unable to effect such registration. The primary purpose is to ensure that the registration process is updated and aligned with contemporary legislative requirements and guidelines, including those set by the Attorney-General's Department. Under these Regulations, the primary operative sections include those that detail the application process for registering a death abroad, the documentation required, and the fees associated with such registrations. For example, Section 4 of the Regulations outlines the application form that must be completed by the applicant, while Section 5 specifies the necessary documents that must accompany the application, such as a death certificate and proof of identity. Section 6 details the fee structure, which includes a fixed fee of $46, reflecting the current charge by the Australian Capital Territory (ACT) government for similar services, and a non-variable mailing fee of $9. The Regulations impose several obligations on the parties involved in the registration process. Firstly, applicants must ensure that all required documentation is accurately completed and submitted with the application. This includes providing a certified copy of the death certificate and any other relevant documents as specified in Section 5. Secondly, the ACT Registrar-General, acting as the Registrar of Deaths Abroad, is responsible for processing the application and making the necessary registration. The Registrar-General must ensure that the application is complete and that all required information is verified before making the entry on the Register of Deaths Abroad. In terms of consequences for non-compliance or breach, the Regulations do not explicitly outline specific offences or penalties for failure to comply with the requirements. However, the failure to provide accurate and complete information could result in delays or refusal of the registration. Additionally, any misrepresentation or falsification of information could potentially lead to legal consequences, such as fines or other penalties under the RDA Act. It is important to note that while the Regulations themselves do not specify maximum penalties, any legal action resulting from non-compliance would be governed by the broader provisions of the RDA Act and applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.