Births, Deaths and Marriages Registration Regulation 2015

1Short title

This regulation may be cited as the Births, Deaths and Marriages Registration Regulation 2015.

2Commencement

This regulation commences on 1 September 2015.

3Dictionary

The dictionary in schedule 4 defines particular words used in this regulation.

4Meaning of prescribed identification documents

Prescribed identification documents, for a person, are—

(a)all of the following documents—

(i)photographic identification of the person;

(ii)another document verifying the person’s identity;

(iii)a document evidencing the person’s ordinary place of residence; or

Examples for subparagraph (i)—

•a driver licence

•a passport

Examples for subparagraph (ii)—

•a credit card

•a medicare card

Examples for subparagraph (iii)—

•a telephone, gas or electricity account statement not more than 6 months old showing the person’s current residential address

•a statement not more than 6 months old issued by a financial institution showing the person’s current residential address

(b)all of the following documents—

(i)2 documents mentioned in paragraph (a)(ii);

(ii)a document mentioned in paragraph (a)(iii).

5Particulars to be stated in court order for registration of birth—Act, ss 6 and 7

For sections 6(1)(b)(ii)(B) and 7(3)(b)(ii) of the Act, the particulars about the birth are the particulars listed in schedule 1, part 1, to the extent the particulars are reasonably available to the court at the time of making the order.

6Circumstances in which registrar may require proof of parentage—Act, s 10

For section 10(4) of the Act, the circumstance is if the registrar, after an inquiry conducted under section 43 of the Act, is not satisfied the person is a parent of the child.

Example—

The registrar receives birth application forms for the same child from 2 males, each respectively stating that he is the child’s father. The registrar issues a notice to the child’s mother requiring her to provide information about the father’s identity. The mother replies she does not know.

7Changing child’s first name within a year of birth—Act, s 13

(1)When applying under section 13 of the Act, each applicant must produce to the registrar—

(a)the prescribed identification documents for the applicant; and

(b)if asked by the registrar, a document verifying the identity of the applicant as the child’s parent or guardian.

Examples for paragraph (b)—

•a copy of a certificate from a register of births

•an order evidencing guardianship

(2)If a document produced under this section is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document.

8Who may be issued with a certificate of a closed entry relating to a person whose sex has been reassigned—Act, s 14

(1)For section 14(8)(d) of the Act, the following persons are prescribed—

(a)if a guardian has been appointed for the person—the guardian;

(b)if an administrator has been appointed under the Guardianship and Administration Act 2000, section 14, for the person—the administrator;

(c)if a personal representative has been appointed for the person—the personal representative;

(d)an officer of, or person acting for, a law enforcement body;

(e)a person who produces an order of a court of the Commonwealth or the State, or an order of QCAT, requiring the registrar to accept an application under section 44 of the Act.

(2)When applying for a certificate from a closed entry, a person mentioned in subsection (1)(a), (b) or (c) must—

(a)produce to the registrar—

(i)the prescribed identification documents for the person; and

(ii)the person’s instrument of appointment; and

(b)show that the certificate is required to discharge a function under the person’s appointment.

(3)When applying for a certificate from a closed entry, a person mentioned in subsection (1)(d) must—

(a)produce a document verifying the person’s identity to the registrar; and

(b)show that the certificate is required to discharge—

(i)a function of the law enforcement body; or

(ii)the person’s duty as an officer of the law enforcement body.

Example of documentary proof of an officer’s identity—

an identity card issued by a law enforcement body, with a photo of the officer, that states the officer’s name, rank and registered number

(4)When applying for a certificate from a closed entry, a person mentioned in subsection (1)(e) must produce to the registrar the prescribed identification documents for the person.

(5)If a court order or an order of QCAT is produced under subsection (1)(e), the registrar must accept the application.

(6)If a document produced under this section is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document.

9Information court may consider when approving change of child’s name—Act, s 17

In deciding under section 17(6)(b) of the Act whether a proposed change of name for a child is in the child’s best interest, the matters to which the Magistrates Court may have regard include the following—

(a)the number of previous changes of the child’s name;

(b)the views of the child’s parents on the change of name, to the extent the parents’ views are available;

(c)the views of the child’s guardians on the change of name, to the extent the guardians’ views are available;

(d)the child’s views on the change of name, to the extent the child’s views are available;

(e)the likely impact of the change of name on the child;

(f)the child’s cultural, ethnic or indigenous background and whether the change of name is likely to adversely impact on the child’s cultural, ethnic or indigenous identity.

10Documents required for registering change of name—Act, s 19

(1)For section 19(1)(b) of the Act, the following documents are prescribed for an application to register the change of an adult’s name—

(a)the prescribed identification documents for the adult;

(b)if the adult has former names different from the name registered at birth—a document evidencing those names requested by the registrar;

(c)if the adult was born outside Australia—

(i)a document verifying the following—

(A)the adult’s name at birth;

(B)the adult’s date of birth;

(C)the adult’s place of birth; and

(ii)a document evidencing the adult is ordinarily resident in Queensland;

(d)if the adult has been married—a document evidencing the marriage, requested by the registrar.

(2)For section 19(1)(b) of the Act, the following documents are prescribed for an application to register a change of a child’s name—

(a)the prescribed identification documents for each applicant;

(b)a document verifying the identity of each applicant as the child’s parent or guardian, requested by the registrar;

(c)if the child has former names different from the name as registered at birth or adoption—a document evidencing those names, requested by the registrar;

(d)if the child is 12 years or more—

(i)the child’s written consent; or

(ii)written evidence of a doctor that the child is incapable of understanding the meaning and implications of a change of name; or

(iii)a document evidencing the Magistrates Court has approved a change of name;

(e)if the child was born outside Australia—

(i)a document verifying the following—

(A)the child’s name at birth;

(B)the child’s date of birth;

(C)the child’s place of birth;

(D)the names of the child’s parents or guardians; and

(ii)a document evidencing the child is ordinarily resident in Queensland.

Examples for subsections (1)(b) and (2)(c)—

•a copy of a certificate from a register of births, change of name or marriage

•a copy of a deed poll

Examples for subsection (1)(c)(ii)—

•a telephone, gas or electricity account statement not more than 6 months old showing the adult’s current residential address

•a statement not more than 6 months old issued by a financial institution showing the adult’s current residential address

(3)If a document is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document.

11Noting change of name other than by registration—Act, s 20

(1)For section 20(7) of the Act, the following documents are prescribed—

(a)a certificate from a registering authority that evidences the person’s change of name;

(b)a copy of a deed poll registered in Queensland or another State that evidences the person’s change of name;

(c)a court order that evidences a change of the person’s name.

(2)For section 20(8)(b) of the Act, the following documents are prescribed—

(a)the prescribed identification documents for each applicant;

(b)for an application to note the change of a child’s name— a document verifying the identity of each applicant as the child’s parent or guardian, requested by the registrar;

(c)if the subject of the application has former names different from the name as registered at birth—documents evidencing those names, requested by the registrar;

(d)if the subject of the application has been married—evidence of the marriage, requested by the registrar.

Examples for subsection (2)(b)—

•a copy of a certificate from a register of births

•a copy of a decree of a court

Examples for subsection (2)(c)—

•a copy of a certificate from a register of births, change of name or marriage

•a copy of a deed poll

(3)If a document is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document.

12Noting reassignment of sex—Act, s 23

(1)A statutory declaration under section 23(4)(b)(i) of the Act must include each of the following—

(a)the full name and residential address of the doctor making the declaration;

(b)a statement that the doctor is—

(i)registered under the Health Practitioner Regulation National Law as a medical practitioner; or

(ii)a registered medical practitioner in the country in which the doctor is registered;

(c)the doctor’s Medicare provider number, if applicable;

(d)the date the doctor physically examined, or performed the sexual reassignment surgery on, the person who had the sexual reassignment surgery;

(e)a statement that the doctor has verified the person’s identity.

(2)For section 23(4)(d) of the Act, the following documents are prescribed—

(a)the prescribed identification documents for each applicant;

(b)if the application is to note the reassignment of a child’s sex—a document verifying the identity of, and the relationship between, the child and the child’s parents or guardians, requested by the registrar;

(c)if the subject of the application has former names different from the name as registered at birth—documents evidencing those names, requested by the registrar.

Examples for subsection (2)(b)—

•a copy of a certificate from a register of births

•a copy of a decree of a court

Examples for subsection (2)(c)—

•a copy of a certificate from a register of births, change of name or marriage

•a copy of a deed poll

(3)If a document is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document.

s 12 amd 2018 No. 11 s 6

13Particulars to be stated in court order for registration of death—Act, ss 26 and 31

For sections 26(1)(b)(ii)(B) and 31(3)(d) of the Act, the particulars about the death, to the extent the particulars are reasonably available to the court at the time of making the order, are as follows—

(a)information about the cause of death;

(b)information about the disposal of the body;

(c)the information in schedule 1, part 3.

14Information and documents for registering events in register—Act, ss 41, 41D and 41E

(1)For section 41(1)(b)(i) of the Act, the following information is prescribed—

(a)for an application to register a birth—

(i)under section 6(1)(b)(ii) or 7(3)(b) of the Act—the particulars about the birth contained in the court order; or

(ii)otherwise—the information in schedule 1, part 1;

(b)for an application to register a change of name under section 16 or 17 of the Act—the information in schedule 1, part 2;

(c)for an application to register a death—

(i)under section 26(1)(b) or 27(3) of the Act—the particulars about the death contained in the court order; or

(ii)otherwise—the information in schedule 1, part 3;

(d)for an application to register a relationship as a civil partnership—the information in schedule 1, part 4.

(2)For section 41(1)(b)(ii) of the Act, the following documents are prescribed—

(a)for the registration of an event under a court order—the court order;

(b)for a death—whichever of the following is issued—

(i)the cause of death certificate issued under section 30 of the Act;

(ii)a notice under section 32 of the Act;

(iii)an autopsy notice or certificate under the Coroners Act 2003, section 24A.

(3)For section 41(4)(a) of the Act, the information is—

(a)the registrar’s name; and

(b)the registration number; and

(c)the date and place of registration; and

(d)for a death—

(i)the cause of death; and

(ii)the duration of the deceased person’s last illness; and

(iii)the initials and surname of the certifying doctor; and

(iv)the date and place of burial; and

(v)the initials and surname of the person who certifies the burial; and

(vi)the initials and surname, and the denomination, of any minister of religion officiating at any service for the burial; and

(e)for a human body disposed of by a school of anatomy— that the body has been received for anatomical purposes by the school of anatomy.

(4)For sections 41D(1)(b)(i) and 41E(1)(c)(i) of the Act, the information is the information set out in schedule 1, part 1.

s 14 amd 2016 SL No. 15 s 4

15Particulars for registration of civil partnership—Act, s 25B

For section 25B(2) of the Act, the particulars are as follows—

(a)for each party to the civil partnership, the party’s—

(i)full name; and

(ii)date of birth; and

(iii)place of birth; and

(iv)sex; and

(v)relationship status before entering into the civil partnership; and

(vi)usual residential address;

(b)the full name of each parent of each party;

(c)the registrar’s name;

(d)the registration number;

(e)the date and place of registration;

(f)for a civil partnership entered into under the Civil Partnerships Act 2011, section 6(b)—

(i)the date and place the parties made the declaration of civil partnership; and

(ii)the name and registration number of the civil partnership notary before whom the parties made the declaration.

s 15 amd 2016 SL No. 15 s 5

16Particulars of termination to be included in the register—Act, s 25C

For section 25C(2) of the Act, the particulars are—

(a)the registrar’s name; and

(b)the date and place of the termination.

17Correcting the register—Act, s 42

(1)To amend particulars in an entry in a register that is in documentary form, the registrar must—

(a)for a clerical error—

(i)rule through the incorrect particulars in a way that allows the particulars to remain legible; and

(ii)add the correct particulars; and

(iii)initial and date the correction; or

(b)for an error of fact or substance—

(i)add the correct particulars as a marginal note; and

(ii)sign and date the correction.

(2)To amend particulars in an entry in a register that is in a computer database, the registrar must—

(a)for a clerical error—

(i)delete the incorrect particulars; and

(ii)add the correct particulars; and

(iii)add the operator identification and the date and time the operator made the change; or

(b)for an error of fact or substance—add the following information to the entry—

(i)the correct particulars;

(ii)if the reason for the correction is shown in the register that is in documentary form—the reason for the correction;

(iii)the date the particulars were entered in the entry in the register that is in documentary form;

(iv)the name of the registrar authorising the correction;

(v)the operator identification and the date and time that the operator added the information.

(3)To cancel an entry in a register, the registrar must—

(a)for an entry in a register that is in documentary form—

(i)write across the entry the word ‘cancelled’ and the reason the entry is cancelled; and

(ii)sign and date the cancelled entry; and

(iii)if a new entry is made to replace the cancelled entry—note on the cancelled entry a reference to the new entry; or

(b)for an entry in a register that is in a computer database—make a note in the database that the entry is cancelled.

18Information that may be obtained from register—Act, s 44

(1)When applying under section 44(1)(a) and (b) of the Act for information, other than historical information, the applicant must produce to the registrar the prescribed identification documents for the applicant.

(2)For section 44(1)(b) of the Act, the following source documents are prescribed—

(a)a document given to the registrar under section 23 of the Act;

(b)a document to the extent the document contains statistical information.

(3)For section 44(5)(a) of the Act, the information is prescribed as follows—

(a)for a birth—the information in schedule 2, part 1;

(b)for a change of name—the information in schedule 2, part 2;

(c)for a marriage—the information in schedule 2, part 3;

(d)for a death—the information in schedule 2, part 4;

(e)for a civil partnership—the information in schedule 2, part 5.

(4)If the information in subsection (3)(c) is stated in a marriage certificate in the register, the registrar may give the information in the form of a copy of the certificate.

(5)For section 44(7)(c) of the Act, the information for a birth is—

(a)all information about any marriage of or civil partnership between the child’s parents; and

(b)if a woman registered as the child’s mother or parent has, or has had, surnames other than the surname recorded at the child’s birth or the woman’s maiden surname—the other surnames; and

(c)if 2 persons are registered as the child’s parents (however described) and either person has children that are not the other person’s children—the names of those children.

s 18 amd 2016 SL No. 15 s 6

19Information to be contained in commemorative birth certificate

(1)The following information is to be contained in a commemorative birth certificate, to the extent that the information is recorded in, or able to be worked out from, the entry in the register—

(a)the information prescribed under section 20, other than section 20(e);

(b)the full names of a father or adoptive father of the child at the date of the child’s birth;

(c)the first names, and maiden surname, of a mother or adoptive mother of the child at the date of the child’s birth;

(d)if a person is registered as a parent, but not as the father or mother, of the child—the full name of the person at the date of the child’s birth;

(e)the age of each of the child’s parents or adoptive parents at the date of the child’s birth;

(f)the place of birth of each of the child’s parents or adoptive parents.

(2)However, if the person applying for the certificate makes a written request for the information under subsection (1)(e) for either or both of the child’s adoptive parents to be withheld, the registrar may decide to withhold the information.

s 19 amd 2016 SL No. 15 s 7

20Information to be contained in birth extract

The following information is to be contained in a birth extract—

(a)the child’s current first names in the register;

(b)either—

(i)for an entry in the register that shows the child’s surname—the current surname in the register; or

(ii)for an entry in the register that does not show the child’s surname and the birth was registered before the commencement of section 12 of the Act—

(A)if a person is registered as the father of the child—the father’s current registered surname; or

(B)if no person is registered as the father of the child—the mother’s current registered surname;

(c)the child’s sex;

(d)the child’s date and place of birth;

(e)the registration number;

(f)if the child’s birth has been reregistered under section 14 of the Act—a statement to that effect.

21Information to be contained in commemorative marriage certificate

The following information is to be contained in a commemorative marriage certificate, to the extent the information is recorded in, or able to be worked out from, the entry in the register—

(a)the current full name in the register of each party to the marriage;

(b)the date of the marriage;

(c)the place of the marriage;

(d)the rites under which the marriage was solemnised;

(e)the celebrant’s name;

(f)the names of the witnesses to the marriage.

22Information to be contained in commemorative civil partnership certificate

(1)The following information is to be contained in a commemorative civil partnership certificate—

(a)the current full name in the register of each party to the civil partnership;

(b)the date and place of registration.

(2)For a civil partnership entered into under the Civil Partnerships Act 2011, section 6(b), the following information is to be contained in a commemorative civil partnership certificate in addition to the information mentioned in subsection (1)—

(a)the date, under the Civil Partnerships Act 2011, section 13(2), on which the civil partnership had effect;

(b)the place the parties made the declaration of civil partnership;

(c)the name of the civil partnership notary before whom the parties made the declaration.

(3)Subsections (1) and (2) apply to information to the extent the information is recorded in, or able to be worked out from, the entry in the register.

s 22 amd 2016 SL No. 15 s 8

23Information to be contained in marriage extract

The following information is to be contained in a marriage extract—

(a)the current full name in the register of each party to the marriage;

(b)the date of the marriage;

(c)the place of the marriage;

(d)the registration number;

(e)if the marriage has been dissolved—the particulars about the dissolution in the register.

24Information to be contained in civil partnership extract

(1)The following information is to be contained in a civil partnership extract—

(a)the current full name in the register of each party to the civil partnership;

(b)the date and place of registration;

(c)the registration number;

(d)if the civil partnership has been terminated under the Civil Partnerships Act 2011, section 19—the particulars of the termination recorded in the register under section 25C(2) of the Act.

(2)For a civil partnership entered into under the Civil Partnerships Act 2011, section 6(b), the following information is to be contained in a civil partnership extract in addition to the information mentioned in subsection (1)—

(a)the date, under the Civil Partnerships Act 2011, section 13(2), on which the civil partnership had effect;

(b)the place the parties made the declaration of civil partnership;

(c)the name of the civil partnership notary before whom the parties made the declaration.

s 24 amd 2016 SL No. 15 s 9

25Information to be contained in death extract

The following information is to be contained in a death extract—

(a)the deceased person’s—

(i)full name; and

(ii)age; and

(iii)occupation;

(b)the date and place of death;

(c)the cause of death;

(d)the date and place of the burial;

(e)the name of the last person, if any, to whom the deceased person was married;

(f)the registration number.

s 25 amd 2018 SL No. 25 s 3

26Fees

(1)The fees payable under the Act are in schedule 3.

(2)An application fee must accompany an application.

27Historical information—Act, sch 2

For an application, the periods for the definition historical information are—

(a)for a birth—100 years before the day of the application; or

(b)for a marriage—75 years before the day of the application; or

(c)for a death—30 years before the day of the application.

28Prohibited name—Act, sch 2

A name that is, includes, or is part of, a political slogan is a prohibited name.

pt hdg amd 2016 SL No. 15 s 10

div hdg ins 2016 SL No. 15 s 11

29Continuing application of expired regulation to existing applications

(1)This section applies if an application under the Births, Deaths and Marriages Registration Regulation 2003 (the expired regulation) was made, but not decided, before the commencement.

(2)The expired regulation continues to apply to the application.

div hdg ins 2016 SL No. 15 s 12

30Civil partnerships under former provisions

(1)A reference in section 15, 22 or 24 or schedule 1 or 2 to the Civil Partnerships Act 2011, section 6(b) or 13(2) includes a reference to the provision as in force immediately before the commencement of the Civil Partnerships and Other Legislation Amendment Act 2012.

(2)A reference in schedule 1 or 2 to the Civil Partnerships Act 2011, section 6(a) includes—

(a)a reference to the provision as in force immediately before the commencement of the Civil Partnerships and Other Legislation Amendment Act 2012; and

(b)a reference to the Civil Partnerships Act 2011, section 6 as in force immediately before the commencement of the Relationships (Civil Partnerships) and Other Acts Amendment Act 2015.

s 30 ins 2016 SL No. 15 s 12

section 14

sch 1 amd 2016 SL No. 15 s 13; 2018 SL No. 25 s 4

section 18

sch 2 amd 2016 SL No. 15 s 14; 2018 SL No. 25 s 5

section 26

sch 3 sub 2016 SL No. 85 s 10; 2017 SL No. 109 s 10; 2018 SL No. 72 s 10

section 3

authorisation number, of a marriage celebrant, means the number assigned to the celebrant by the Commonwealth or a State.

certifying doctor means the doctor who completes a cause of death certificate or autopsy certificate or notice.

doctor includes a person registered as a medical practitioner under a law of another country corresponding to the Health Practitioner Regulation National Law.

informant means the person applying to register a birth or death.

law enforcement body means—

(a)the Queensland Police Service or a police service of another State; or

(b)the Australian Federal Police; or

(c)the Crime and Corruption Commission; or

(d)the Australian Crime Commission.

marginal note means—

(a)for an entry in documentary form—a note entered into the margin of, or an area set aside for notes in, the entry; or

(b)for an entry in computer database form—a note made in a field designated for the purpose of entering a note in the entry.

operator identification means a code allocated by a computer system to an operator correcting the computer database.

prescribed identification documents, for a person, see section 4.

qualified witness means—

(a)a barrister, solicitor or notary public; or

(b)a commissioner for declarations; or

(c)a justice of the peace.

registration number means the number assigned to an event when the event is entered in the register.