Births, Deaths, Marriages

This page considers official registration of births, deaths, marriages and divorces in Australia.

It covers -

• introduction
• births
• adoptions
• deaths
• marriages
• divorces
• wills
• gender
• name changes

     introduction

Civil registration of births, adoptions, deaths, marriages and divorces (BDM) commenced in Australia in 1838. The various registers are state/territory government agencies. Registration occurs under a mix of federal and state/territory law.

Key agencies in the major jurisdictions are -

• Australian Capital Territory - Registrar General, Births, Deaths & Marriages | here
• New South Wales - Principal Registrar, Births, Deaths & Marriages | here
• Northern Territory - Registrar General, Births, Deaths & Marriages
• Queensland - Registrar General's Office
• South Australia - Principal Registrar, Births, Deaths & Marriages | here
• Tasmania - Registrar General, Births, Deaths & Marriages | here
• Victoria - Registrar of Births, Deaths & Marriages | here
• Western Australia - Registrar-General's Office | here

     births

Birth registers in Australia typically feature -

• the individual's name
• gender
• date and place of birth
• father's name and occupation
• mother's name and occupation

There is no single federal BDM register, although one was proposed in 1987 as part of moves towards the Australia Card. Access to some information, notably regarding adoptions, and regimes for recognition of gender reassignment thus vary from jurisdiction to jurisdiction. Registration does not provide a unique identification number.

Key legislation is -

• Australian Capital Territory - Births Deaths & Marriages Registration Act 1997 | here
• New South Wales - Births, Deaths & Marriages Registration Act 1995 | here
• Northern Territory - Births, Deaths & Marriages Registration Act 1996 | here
• Queensland - Births, Deaths & Marriages Registration Act 2003 | here
• South Australia - Births, Deaths & Marriages Registration Act 1996 | here
• Tasmania - Births, Deaths & Marriages Registration Act 1999 | here
• Victoria - Births, Deaths & Marriages Registration Act 1996 | here
• Western Australia - Births, Deaths & Marriages Registration Act 1998 | here

That legislation covers registration mechanisms and requirements, including restrictions on names that are obscene or nonsensical. You can, it appears, name your offspring Adolf Hitler Smith (perhaps that nastiness will deservedly come back to haunt you) but you cannot use the four letter F word or a string of digits as a given name).

Such restrictions are found elsewhere. New Zealand registry officials refused to register '4real' in 2007. Denmark and Sweden for example prohibit names that registry officials consider might subject the child to ridicule; efforts to register an 'Ikea' (the beginnings of genericide?) and a 'Veranda' have thus been unsuccessful. The German government supposedly refuses to register 'invented' names - from a baby-name consultant or otherwise - and those that do not clearly designate the child's gender. For the past two centuries France prohibited names that were not featured on a preapproved list.

An overview of the Australian surrogacy regimes is provided in the report on ART Surrogacy and Legal Parentage: A Comparative Legislative Review (PDF) by John Seymour & Sonia Magri for the Victorian Law Reform Commission.

Consequences of non-registration (affecting several million people in China, Indonesia and other nations) are highlighted here.

     adoptions

Adoption is a state/territory responsibility, under the umbrella of the federal Family Law Act 1975. There is no central register of adoptions.

All states/territories have legislation that grants certain information rights to adopted people over the age of 17 and to their adoptive and birth families.

The regime is discussed in more detail here, with pointers to works such as To Search for Self: The experience of access to adoption information (Leichhardt: Federation Press 1997) edited by Phillip & Shurlee Swain.

Key legislation is -

• Australian Capital Territory - Adoption Act 1993 | here
• New South Wales - Adoption Act 2000 | here
• Northern Territory - Adoption of Children Act | here
• Queensland - Adoption of Children Act 1964 | here
• South Australia - Adoption Act 1988 | here
• Tasmania - Adoption Act 1988 | here
• Victoria - Adoption Act 1984 | here
• Western Australia - Adoption Act 1994 | here

     deaths

In Australia registration of a death is covered by state/territory legislation (highlighted above) and is compulsory. That legislation typically provides that the BDM registry must receive a death registration form (generally from the funeral director) within 14 days of the date of death.

The doctor who was responsible for the individual's medical care or who examines the body after death must provide the registry with a medical certificate of cause of death, issued within 48 hours after the person's death. A death certificate is not automatically sent to the family following registration.

Comments on handling blogs, email and other online content after death are provided here.

     marriages

The federal Marriage Act 1961 and section 109 of the Constitution provides the Commonwealth with exclusive jurisdiction over the formation of marriages in Australia. The states/territories however maintain discrete marriage registers.

Marriage registers in Australia typically feature -

• name of each person
• gender
• age
• previous marital status
• date and place of marriage
• identity of marriage registrant

Religious and civil ceremonies are recognised, subject to provision of a a registration certificate with the above information and copliance with requirements such as identification of those being married (eg showing the proposed celebrant documentary proof that they are 18 years old or older) and proof that an individual is free to remarry if that person has been married before.

Some jurisdictions have recognised relationships outside marriage.

The Tasmanian Relationships Act 2003 for example provides for recognition and registration of significant relationships (eg two adults who "are not related by family") and caring ("between two adults, whether or not related by family, one of whom provides the other with domestic support and personal care").

The ACT Civil Unions Act 2006 sought to create a statutory scheme for the recognition of gay and other relationships ("A civil union is different to a marriage but is to be treated for all purposes under territory law in the same way as a marriage"). It was overturned by the federal government under s35 of the Australian Capital Territory (Self-Government) Act, reflecting the Territories power in the Constitution.

     divorces

Legislation on divorce - including the grounds for divorce - varied from state to state until the federal Matrimonial Causes Act 1959, in effect from 1 February 1961. Divorce is handled by the federal Family Court.

The federal Child Support (Registration and Collection) Act 1988 provides for collection of information from parents and employers as part of the national child support scheme.

     wills

There is no single national register of wills.

Relevant agencies for recent wills are -

• Australian Capital Territory - Curator of Estates of Deceased Persons | here
• New South Wales - Principal Registrar (Probate Division), Supreme Court of NSW | here
• Northern Territory - Registrar of Probates | here
• Queensland - Registrar, Supreme Court of Queensland | here
• South Australia - Probate Registry, Supreme Court of South Australia | here
• Tasmania - Probate Registry Supreme Court of Tasmania | here
• Victoria - Registrar of Probates, Supreme Court of Victoria | here
• Western Australia - Probate Office | here
• Norfolk Island Curator of Estates of Deceased Persons

Key legislation is -

• ACT Wills Act 1968
• NSW Wills, Probate and Administration Act 1898
• Northern Territory Administration & Probate Act 2005 and Wills Act 2001
• Queensland Succession Act 1981
• South Australia Administration & Probate Act 1919 and Wills Act 1936
• Tasmania Administration & Probate Act 1935 and Wills Act 1992
• Victoria Administration & Probate Act 1958 and Wills Act 1997
• Western Australia Administration Act 1903 and Wills Act 1970

The Australian Will Registry (AWR), a non-government organisation, maintains a national Will Document Register & Depository, Next of Kin Register and Legal Notices Register. It aims to work with government agencies, the law societies, guardianship tribunals, community groups and health organisations.

The expectation is that its operation will reduce the incidence of documents being lost or damaged, enable prompt contact with the representative of an incapacitated/deceased individual and facilitate listing and viewing of legal notices regarding deaths, funerals, probate and lost documents.

     gender

Most states/territories provided that any person who is at least 18 years of age, is not married and has undergone sex affirmation surgery (aka gender reassignment) may apply for alteration of the gender in that jurisdiction's birth register or apply for a 'Recognised Details Certificate' acknowledging their name and gender.

Relevant legislation includes -

• South Australia - Sexual Reassignment Act 1988 | here
• Western Australia - Gender Reassignment Act 2000 | here

     name changes

Australian law offers some scope for changing a given and/or surname.

Applicants typically apply to the BDM registrar in the state/territory of their residence. If the application is approved the existing birth certificate is cancelled, with a new birth certificate being issued in the new name. (Changes involve provision of proof of identity and of consent, eg in the case of children older than 11 years). An individual will normally only be allowed to change names once in any 12 month period.

Registrars may refuse to register a change if the proposed name is considered

obscene, offensive, too long, consists of symbols without phonetic significance or is contrary to public interest.

Registrars may require the applicant to provide evidence to establish that the change is not for a fraudulent or improper purpose and may refuse to register a subsequent change if a previous change had been for a fraudulent or improper purpose.

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