EXPLANATORY STATEMENT
REGISTRATION OF DEATHS ABROAD ACT 1984
REGISTRATION OF DEATHS ABROAD REGULATIONS (AMENDMENT)
Statutory Rules No 1989 No. 338 issued by the authority of the Minister of State for Foreign Affairs and Trade.
Section 28 of the Registration of Deaths Abroad Act 1984 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 19 of the Act provides that the Registrar of Overseas Deaths (the Registrar) may charge a fee for searching the Register and for providing enquirers with copies of various documents thereon. These fees are prescribed in the Registration of Deaths Abroad Regulations (the Regulations).
Regulations 3 and 4 prescribe the detail of the forms of application used for the registration of a death or disappearance abroad (Schedule I, Forms 1 and 2). Regulation 5 prescribes the format of the certificate of death abroad issued by the Registrar (Schedule II).
As the Registrar is the Australian Capital Territory Registrar of Births, Deaths and Marriages, it is the preferred practice that fees charged under the Act be the same as fees charged for the same services in the ACT.
The Registrar had also requested, on behalf of the Australian Bureau of Statistics and the Australian Institute of Health, that minor amendments as to the detail of the various forms be made.
The Regulations raise the fees payable under the Act to accord with those payable under ACT legislation, and insert a further field of information on Forms 1 and 2, Schedule I, and Schedule II.
Details of the Regulations are as follow:
Regulation 1 defines “Principal Regulations” as being the Registration of Deaths Abroad Regulations.
Regulation 2 raises fees for the issue of certain certificates from $10 to $15, and from $6 to $12.
Regulation 3 inserts a further field of information, namely “Last known occupation” into Schedule I, Forms 1 and 2.
Regulation 4 inserts a further field of information, namely “Last known occupation” into Schedule II.
Overview
The Registration of Deaths Abroad Act 1984 was enacted to address the need for a formal mechanism to register deaths of Australians that occur abroad. This Act was introduced to ensure that such deaths are properly documented and recorded, which is essential for legal, administrative, and statistical purposes. The Act allows for the registration of deaths and disappearances of Australian citizens or permanent residents occurring outside Australia. The policy objective underpinning this legislation is to maintain accurate and reliable records of Australian deaths abroad, thereby facilitating the administration of estates and the collection of vital statistics. The Act was enacted by the Commonwealth Parliament and provides the framework for the implementation of regulations, such as those amending the fees and forms required for registration processes, as specified in the Registration of Deaths Abroad Regulations.
Scope and Application
The Registration of Deaths Abroad Act 1984 applies to the process of registering deaths of Australian citizens occurring abroad, and encompasses the procedures and fees associated with the certification of such deaths. The Act is administered by the Registrar of Overseas Deaths, who is also the Australian Capital Territory Registrar of Births, Deaths and Marriages. The Act is designed to facilitate the registration of deaths that occur outside Australia and the provision of death certificates to the next of kin or other interested parties. The Act's application is not restricted by jurisdictional boundaries, applying nationally to all Australian citizens who die abroad. The Act also provides for the charging of fees for services rendered, which is prescribed in the Registration of Deaths Abroad Regulations. These Regulations may be amended to reflect changes in fee structures and to incorporate additional information fields, as demonstrated in the recent amendments. The Regulations, in turn, may be further detailed or modified through subordinate instruments, ensuring the Act remains current and effective.
The Registration of Deaths Abroad Regulations (Amendment) Statutory Rules No 1989 No. 338 provide specific details regarding the forms and fees associated with the registration of deaths abroad. These amendments raise the fees for issuing certain certificates to align with those charged under Australian Capital Territory legislation and introduce an additional field for "Last known occupation" on the relevant forms and certificates. The Regulations are intended to ensure that the processes and fees are consistent and reflective of current practices. The changes are made in consultation with the Australian Bureau of Statistics and the Australian Institute of Health to accommodate their data collection needs. This amendment does not introduce any exclusions or exemptions to the application of the Act but rather refines the administrative details to improve the efficiency and accuracy of death registration processes for Australians abroad.
Key Provisions
The Registration of Deaths Abroad Regulations (Amendment) Statutory Rules No 1989 No. 338, issued under the authority of the Minister of State for Foreign Affairs and Trade, primarily amend the existing fees and forms used for registering deaths or disappearances abroad. Regulation 2 increases the fees for issuing specific certificates from $10 to $15 and from $6 to $12, aligning them with the fees set under the Australian Capital Territory's legislation (Reg. 2). Regulations 3 and 4 introduce an additional field of information, "Last known occupation," into the forms used for registering deaths or disappearances abroad and into the format of the death certificates issued by the Registrar (Regs. 3 and 4). These forms are detailed in Schedule I (Forms 1 and 2) and Schedule II of the Regulations.
The Act imposes certain obligations on the Registrar of Overseas Deaths, who is also the Australian Capital Territory Registrar of Births, Deaths and Marriages. The Registrar must ensure that fees for services under the Act are consistent with those charged in the ACT and must provide specific forms and certificates as prescribed in the Regulations. Regulation 1 clarifies that the "Principal Regulations" refer to the Registration of Deaths Abroad Regulations themselves, ensuring that all changes and amendments are clearly identified and followed (Reg. 1). Additionally, the Registrar must comply with requests from the Australian Bureau of Statistics and the Australian Institute of Health for minor amendments to the forms, facilitating the collection of relevant data for statistical and research purposes.
In terms of penalties and consequences, the explanatory statement does not detail specific offences or penalties for breaches of the Regulations. However, given the nature of the amendments, any failure to comply with the new fee structures or the requirement to use updated forms could potentially lead to civil or administrative consequences. These might include fines or other penalties as determined by the relevant authorities under the Act. The exact consequences would depend on the specific circumstances and any additional provisions within the Registration of Deaths Abroad Act 1984 or other applicable legislation. The amendments are primarily administrative and intended to streamline the processes and ensure consistency with other jurisdictional requirements.