{"id":"nsw:act-1995-062","name":"Births, Deaths and Marriages Registration Act 1995","slug":"births-deaths-and-marriages-registration-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"62 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105625,"registerId":"nsw-act-1995-062-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are to provide for—\n> \n> > (a) the registration of births, deaths and marriages in New South Wales, and\n> \n> > (b) the registration of adoption information, and\n> \n> > (c) the registration of changes of name and the recording of changes of sex, and\n> \n> > (d) the keeping of registers for recording and preserving information about births, adoptions, deaths, marriages, registered relationships, changes of name and changes of sex in perpetuity, and\n> \n> > (e) access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State, and\n> \n> > (f) the issue of certified information from the registers, and\n> \n> > (g) the collection and dissemination of statistical information.\n> \n> **s 3:** Am 1996 No 22, Sch 2 (1) (2); 2010 No 19, Sch 2.1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > adult means a person who is 18 or above or, although under 18, is or has been married.\n> > \n> > birth includes a stillbirth.\n> > \n> > birth certificate means a certificate issued under section 49 in relation to a person’s birth.\n> > \n> > birth registration statement see section 14.\n> > \n> > change of name includes an addition, omission or substitution.\n> > \n> > child includes a stillborn child.\n> > \n> > corresponding law means a law of another State that provides for the registration of births, deaths and marriages.\n> > \n> > death does not include a stillbirth.\n> > \n> > disposal of human remains means—\n> > \n> > > (a) cremation of the remains, or\n> > \n> > > (b) burial of the remains (including burial at sea), or\n> > \n> > > (c) placing the remains in a mausoleum or other permanent resting place, or\n> > \n> > > (d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research, or\n> > \n> > > (e) removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > funeral director means a person who carries on the business of arranging for the disposal of human remains.\n> > \n> > prohibited name means a name that—\n> > \n> > > (a) is obscene or offensive, or\n> > \n> > > (b) could not practicably be established by repute or usage—\n> > > \n> > > > (i) because it is too long, or\n> > > \n> > > > (ii) because it consists of or includes symbols without phonetic significance, or\n> > > \n> > > > (iii) for some other reason, or\n> > \n> > > (c) includes or resembles an official title or rank, or\n> > \n> > > (d) is contrary to the public interest for some other reason.\n> > \n> > recognition certificate, for Part 5A—see section 32A.\n> > \n> > registrable event means a birth, adoption or discharge of adoption, change of name, change of sex, death or marriage.\n> > \n> > registrable information means information that must or may be included in the Register1.\n> > \n> > Register see section 43.\n> > \n> > registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages.\n> > \n> > Registrar means a Public Service senior executive, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), employed as the Registrar of Births, Deaths and Marriages.\n> > \n> > sex descriptor, for Part 5A—see section 32A.\n> > \n> > State includes a Territory.\n> > \n> > stillbirth means the birth of a stillborn child.\n> > \n> > stillborn child means a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that—\n> > \n> > > (a) is of at least 20 weeks’ gestation, or\n> > \n> > > (b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes in the text of this Act do not form part of this Act.\n> \n> Note.\n> \n> 1See section 43 (2)\n> \n> **s 4:** Am 2008 No 107, Sch 3 \\[1\\]; 2008 No 53, Sch 1 \\[1\\]; 2010 No 34, Sch 2.1; 2019 No 14, Sch 1.2\\[1\\]; 2024 No 71, Sch 1\\[1\\]; 2025 No 13, Sch 1\\[1\\]; 2025 No 62, Sch 3\\[1\\].","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Act to relationships under the Relationships Register Act 2010","content":"#### 4A Application of Act to relationships under the Relationships Register Act 2010\n\n4A Application of Act to relationships under the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019)\n\n> This Act and the regulations apply to a relationship that the Registrar determines may be registered under the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019) in the same way that they apply to a registrable event.\n> \n> **s 4A:** Ins 2010 No 19, Sch 2.1 \\[2\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration\n\nPart 2 Administration","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Registrar","content":"## Division 1 The Registrar\n\nDivision 1 The Registrar","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Registrar","content":"#### 5 Registrar\n\n5 Registrar\n\n> The Registrar is, in the exercise of functions under this Act, subject to the control and direction of the Minister.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Registrar’s general functions","content":"#### 6 Registrar’s general functions\n\n6 Registrar’s general functions\n\n> The Registrar’s general functions are—\n> \n> > (a) to establish and maintain the registers1 necessary for the purposes of this Act and the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), and\n> \n> > (a1) to maintain the integrity of the Register and to seek to prevent identity fraud associated with the Register and the information extracted from the Register, and\n> \n> > (b) to administer the registration system established by this Act and ensure that the system operates efficiently, effectively and economically, and\n> \n> > (c) to ensure that this Act is administered in the way best calculated to achieve its objects.\n> \n> Note.\n> \n> 1The registers are collectively referred to as the “Register”. See section 43.\n> \n> **s 6:** Am 2007 No 5, Sch 1 \\[1\\]; 2010 No 19, Sch 2.1 \\[3\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Registrar’s staff","content":"#### 7 Registrar’s staff\n\n7 Registrar’s staff\n\n> > (1) Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Registrar to exercise the Registrar’s functions under this Act and the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019).\n> \n> > (2) The Registrar may engage persons under a contract to provide services to enable the Registrar to exercise the Registrar’s functions under this Act and the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), including engaging persons through a labour hire arrangement.\n> \n> **s 7:** Subst 2025 No 13, Sch 1\\[2\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Delegation","content":"#### 8 Delegation\n\n8 Delegation\n\n> > (1) The Registrar may delegate to an authorised person any of the Registrar’s functions under this Act and the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Registrar if the delegate is authorised in writing to do so by the Registrar.\n> \n> > (3) In this section—\n> > \n> > authorised person means the following—\n> > \n> > > (a) a Public Service employee, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (b) a person engaged under a contract to provide services to enable the Registrar to exercise the Registrar’s functions under this Act or the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), including a person engaged through a labour hire arrangement,\n> > \n> > > (c) a person prescribed by the regulations.\n> \n> **s 8:** Am 2010 No 19, Sch 2.1 \\[4\\]; 2025 No 13, Sch 1\\[3\\].","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Execution of documents","content":"## Division 2 Execution of documents\n\nDivision 2 Execution of documents","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"The Registrar’s seal","content":"#### 9 The Registrar’s seal\n\n9 The Registrar’s seal\n\n> The Registrar is to have a seal.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Execution of documents","content":"#### 10 Execution of documents\n\n10 Execution of documents\n\n> > (1) The Registrar may issue a certificate or other document under the Registrar’s signature and seal, or under a copy of the Registrar’s signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations.\n> \n> > (2) If a document produced before a court or an administrative authority or official is apparently under—\n> > \n> > > (a) the Registrar’s signature and seal, or\n> > \n> > > (b) a copy of the Registrar’s signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations,\n> > \n> > the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar’s authority.\n> \n> > (3) Judicial notice is to be taken of the Registrar’s seal.\n> \n> **s 10:** Am 2024 No 47, Sch 1.7.","sortOrder":14},{"sectionNumber":"Division 3","sectionType":"division","heading":"Reciprocal administrative arrangements","content":"## Division 3 Reciprocal administrative arrangements\n\nDivision 3 Reciprocal administrative arrangements","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Reciprocal administrative arrangements","content":"#### 11 Reciprocal administrative arrangements\n\n11 Reciprocal administrative arrangements\n\n> > (1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for—\n> > \n> > > (a) the exercise by the Registrar of functions of the registering authority under the corresponding law, and\n> > \n> > > (b) the exercise by the registering authority under the corresponding law of functions of the Registrar under this Act.\n> \n> > (2) When an arrangement is in force under this section—\n> > \n> > > (a) the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the registering authority under the corresponding law, and\n> > \n> > > (b) the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the Registrar under this Act and anything done by the registering authority under this paragraph is taken to have been done by the Registrar under this Act.\n> \n> > (3) An arrangement under this section may—\n> > \n> > > (a) establish a database in which information is recorded for the benefit of all the participants in the arrangement, and\n> > \n> > > (b) provide for access to information contained in the database, and\n> > \n> > > (c) provide for payments by or to participants in the arrangement for services provided under the arrangement.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of births","content":"# Part 3 Registration of births\n\nPart 3 Registration of births","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Notification of births","content":"#### 12 Notification of births\n\n12 Notification of births\n\n> > (1) When a child is born in the State, the responsible person must give notice of the birth to the Registrar in a form and manner required by the Registrar, specifying the particulars required by the regulations.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The notice must be given—\n> > \n> > > (a) in the case of a child born alive—within 7 days after birth, or\n> > \n> > > (b) in the case of a stillbirth—within 48 hours after stillbirth.\n> \n> > (3) When notice of a stillbirth is given, the responsible person must also give the Registrar, in a form and manner required by the Registrar—\n> > \n> > > (a) a registered medical practitioner’s certificate certifying the cause of foetal death, or\n> > \n> > > (b) if a registered medical practitioner is of the opinion that it is impracticable or undesirable to certify the cause of foetal death at the time the notice referred to in subsection (2) (b) is given, a notice signed by a registered medical practitioner stating the registered medical practitioner’s intention to complete such a certificate.\n> \n> > (4) The certificate or notice referred to in subsection (3) must be completed by the registered medical practitioner responsible for the professional care of the birth mother at the birth or a registered medical practitioner who examined the body of the stillborn child after the stillbirth.\n> \n> > (5) In this section—\n> > \n> > responsible person means—\n> > \n> > > (a) in the case of a child born in a hospital or brought to a hospital within 24 hours after birth—the chief executive officer of the hospital, or\n> > \n> > > (b) if the child was not born in a hospital or brought to a hospital within 24 hours after birth, and a registered medical practitioner or midwife was responsible for the professional care of the birth mother at the birth—that registered medical practitioner or midwife.\n> \n> **s 12:** Am 2007 No 5, Sch 1 \\[2\\]; 2008 No 23, Sch 3.5 \\[1\\] \\[2\\]; 2019 No 14, Sch 1.2\\[2\\] \\[3\\].","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Cases in which registration of birth is required or authorised","content":"#### 13 Cases in which registration of birth is required or authorised\n\n13 Cases in which registration of birth is required or authorised\n\n> > (1) If a child is born in the State, the birth must be registered under this Act.\n> \n> > (2) If a court1 orders the registration of a birth, the birth must be registered under this Act.\n> > \n> > Note.\n> > \n> > 1The power to order registration of birth may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 19).\n> \n> > (3) If a child is born—\n> > \n> > > (a) in an aircraft during a flight to an airport in the State, or\n> > \n> > > (b) on a ship during a voyage to a port in the State,\n> > \n> > the birth may be registered under this Act.\n> \n> > (4) If a child is born outside the Commonwealth, but the child is to become (or in the case of a stillbirth, was to become) a resident of the State, the birth may be registered under this Act.\n> \n> > (5) However, the birth of a child born outside the State is not to be registered under this Act if the birth is registered under a corresponding law.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"How to have the birth of a child registered","content":"#### 14 How to have the birth of a child registered\n\n14 How to have the birth of a child registered\n\n> A person has the birth of a child registered under this Act by giving notice of the birth to the Registrar (the birth registration statement) in a form and manner required by the Registrar, specifying the particulars required by the regulations.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Responsibility to have birth registered","content":"#### 15 Responsibility to have birth registered\n\n15 Responsibility to have birth registered\n\n> > (1) The parents of a child are jointly responsible for having the child’s birth registered under this Act (and must both sign the birth registration statement) but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is not practicable to obtain the signatures of both parents on the birth registration statement.\n> \n> > (2) If a child is a foundling, the person who has custody of the child is responsible for having the child’s birth registered.\n> \n> > (3) The Registrar may accept a birth registration statement from a person who is not responsible for having the child’s birth registered if satisfied that—\n> > \n> > > (a) the person lodging the statement has knowledge of the relevant facts, and\n> > \n> > > (b) the child’s parents are unable or unlikely to lodge a birth registration statement.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Obligation to have birth registered","content":"#### 16 Obligation to have birth registered\n\n16 Obligation to have birth registered\n\n> > (1) A person responsible for having the birth of a child registered must have the birth registered—\n> > \n> > > (a) within 60 days after the date of the birth, or\n> > \n> > > (b) for a live birth where variations of sex characteristics do not allow for an easy assignment of sex—within 180 days after the date of the birth.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) However, the Registrar must accept a birth registration statement given for the purposes of having a birth registered even though it is given after the end of the period specified in subsection (1)(a) or (b).\n> \n> **s 16:** Am 2024 No 71, Sch 1\\[2\\] \\[3\\].","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Registration","content":"#### 17 Registration\n\n17 Registration\n\n> > (1) The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by the regulations.\n> \n> > (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Registration of parentage details","content":"#### 18 Registration of parentage details\n\n18 Registration of parentage details\n\n> The Registrar must not include registrable information about the identity of a child’s parent in the Register unless—\n> \n> > (a) both parents of the child make a joint application for the inclusion of the information, or\n> \n> > (b) one parent of the child makes an application for the inclusion of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason, or\n> \n> > (c) one parent of the child makes an application for the inclusion of the information and the Registrar is satisfied that the other parent does not dispute the correctness of that information, or\n> \n> > (d) a court orders the inclusion of the information in the Register, or\n> \n> > (e) a court makes a finding that a particular person is a parent of the child, or\n> \n> > (f) the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child’s parent, or\n> \n> > (g) the regulations authorise the Registrar to include the information.\n> \n> **s 18:** Am 2008 No 23, Sch 3.5 \\[3\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Orders for registration of birth or inclusion of registrable information","content":"#### 19 Orders for registration of birth or inclusion of registrable information\n\n19 Orders for registration of birth or inclusion of registrable information\n\n> > (1) The District Court may, on application by an interested person or on its own initiative, order—\n> > \n> > > (a) the registration of a birth, or\n> > \n> > > (b) the inclusion of registrable information about a birth or a child’s parents (including details of the marriage of a child’s parents) in the Register.\n> \n> > (1A) Such an order may only be made in respect of a birth—\n> > \n> > > (a) in the case of an order under subsection (1) (a), if the birth occurred in the State, in an aircraft during a flight to an airport in the State or on a ship during a voyage to a port in the State, and\n> > \n> > > (b) in the case of an order under subsection (1) (b), if the birth has been registered under this Act.\n> \n> > (2) If any court (including any court of another State or the Commonwealth) makes a finding about a birth or a child’s parents, the court may order registration of the birth or inclusion of registrable information about the birth or the parents in the Register.\n> \n> **s 19:** Am 2008 No 107, Sch 3 \\[2\\].","sortOrder":28},{"sectionNumber":"Division 4","sectionType":"division","heading":"Alteration of details of birth registration","content":"## Division 4 Alteration of details of birth registration\n\nDivision 4 Alteration of details of birth registration","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Alteration of details after birth registration","content":"#### 20 Alteration of details after birth registration\n\n20 Alteration of details after birth registration\n\n> > (1) An application to the Registrar for the addition of registrable information in a person’s birth registration—\n> > \n> > > (a) must be made in writing, and\n> > \n> > > (b) must include the information required by the Registrar, and\n> > \n> > > (c) must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and any other evidence that the Registrar may require.\n> \n> > (2) This section is subject to section 18.\n> \n> > (3) In this section, registrable information does not include information relating to a person’s change of sex.\n> \n> **s 20:** Am 1996 No 22, Sch 2 (3).","sortOrder":30},{"sectionNumber":"Division 5","sectionType":"division","heading":"Child’s name","content":"## Division 5 Child’s name\n\nDivision 5 Child’s name","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Name of child","content":"#### 21 Name of child\n\n21 Name of child\n\n> > (1) The birth registration statement must state the name of the child.\n> \n> > (2) However, the Registrar may assign a name to the child if—\n> > \n> > > (a) the name stated in the birth registration statement is a prohibited name, or\n> > \n> > > (b) the birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child’s name.","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Dispute about child’s name","content":"#### 22 Dispute about child’s name\n\n22 Dispute about child’s name\n\n> > (1) If there is a dispute between parents about a child’s name, either parent may apply to the District Court for a resolution of the dispute.\n> \n> > (2) On an application under subsection (1), the District Court may—\n> > \n> > > (a) resolve the dispute about the child’s name as the Court considers appropriate, and\n> > \n> > > (b) order the Registrar to register the child’s name in a form specified in the order.\n> \n> > (3) If any court (including any court of another State or the Commonwealth) resolves a dispute about a child’s name, the court may order the Registrar to register the child’s name in a form specified in the order.","sortOrder":33},{"sectionNumber":"Division 6","sectionType":"division","heading":"Donor conception information","content":"## Division 6 Donor conception information\n\nDivision 6 Donor conception information\n\n**pt 3, div 6 (s 22A):** Ins 2016 No 11, Sch 2.","sortOrder":34},{"sectionNumber":"22A","sectionType":"section","heading":"Child conceived using a donated gamete","content":"#### 22A Child conceived using a donated gamete\n\n22A Child conceived using a donated gamete\n\n> > (1) A birth registration statement for a child may include a declaration that the child was conceived using a donated gamete and in such a case the Registrar must note in the Register that the statement included that declaration.\n> \n> > (2) The Registrar must, when issuing a birth certificate to a person who is 18 years of age or more and to whom a declaration under subsection (1) relates, attach an addendum to the birth certificate noting that declaration and stating that further information may be available from the central register established under the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069).\n> \n> > (3) A birth certificate for a person must not include any information that indicates that the person may be a person who was conceived using a donated gamete.\n> \n> **pt 3, div 6 (s 22A):** Ins 2016 No 11, Sch 2.","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration of adoptions","content":"# Part 4 Registration of adoptions\n\nPart 4 Registration of adoptions","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Duty to register adoptions","content":"#### 23 Duty to register adoptions\n\n23 Duty to register adoptions\n\n> > (1) If a State adoption order or recognised foreign adoption order is made or an order is made for the discharge of such an order, the adoption or discharge of adoption must be registered under this Act.\n> \n> > (2) If an Interstate adoption order is made in relation to a person whose birth or previous adoption is registered under this Act or an order is made for the discharge of an Interstate adoption order in relation to such a person, the adoption or discharge of adoption must be registered under this Act.\n> \n> > (3) In this section—\n> > \n> > Interstate adoption order means an adoption order made (whether by a court or not) under the law in force in another State.\n> > \n> > recognised foreign adoption order means an adoption of a child that is recognised under section 108 or 113 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) but only if the adoption was organised by or under the authority of the Director-General of the Department of Family and Community Services.\n> > \n> > State adoption order means an adoption order or declaration under section 117 (Declaration of validity of foreign adoptions) under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075).\n> \n> **s 23:** Am 2000 No 75, Sch 2.1 \\[1\\]; 2013 No 79, Sch 2 \\[1\\]–\\[3\\].","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":"How adoptions are registered","content":"#### 24 How adoptions are registered\n\n24 How adoptions are registered\n\n> > (1) The Registrar is to register an adoption or discharge of an adoption by registering the record of the adoption or discharge sent to the Registrar under Chapter 7 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075).\n> \n> > (2) The Registrar registers the record by making an entry about it in the Register including the information required by the regulations.\n> \n> > (3) If the record relates to a person in relation to whom such a record has previously been registered under this Act, the Registrar is also to note a reference to the later record in the entry in the Register relating to the previous record.\n> \n> **s 24:** Subst 2000 No 75, Sch 2.1 \\[2\\].","sortOrder":38},{"sectionNumber":"24A","sectionType":"section","heading":"Registration of deceased person’s former intention to adopt","content":"#### 24A Registration of deceased person’s former intention to adopt\n\n24A Registration of deceased person’s former intention to adopt\n\n> > (1) The adoptive parent of a person in relation to whom a record is registered under this Part may apply to the Registrar, in a form approved by the Registrar, for registration of the intention of a deceased person before his or her death to adopt the person jointly with the adoptive parent.\n> \n> > (2) The Registrar registers an intention of a deceased person to adopt by making an entry about the intention to adopt in the Register including the information required by the regulations.\n> \n> > (3) An application to the Registrar under this section must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration obtained from the Director-General of the Department of Community Services or an appropriate principal officer (within the meaning of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075)) verifying the information contained in the application and any other evidence that the Registrar may require.\n> \n> **s 24A:** Ins 2000 No 75, Sch 2.1 \\[3\\].","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Record of adoption or discharge of adoption to be noted in birth registration","content":"#### 25 Record of adoption or discharge of adoption to be noted in birth registration\n\n25 Record of adoption or discharge of adoption to be noted in birth registration\n\n> > (1) If a record of adoption, or discharge of adoption, registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the record in the entry relating to the birth of the person.\n> \n> > (2) If a record of adoption, or discharge of adoption, received by the Registrar under Chapter 7 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the record to be sent to the relevant registering authority.\n> \n> **s 25:** Am 2000 No 75, Sch 2.1 \\[4\\]; 2013 No 1, Sch 1.2 \\[1\\] \\[2\\]; 2013 No 79, Sch 2 \\[4\\].","sortOrder":40},{"sectionNumber":"25A","sectionType":"section","heading":"Issuing birth certificates for adopted persons","content":"#### 25A Issuing birth certificates for adopted persons\n\n25A Issuing birth certificates for adopted persons\n\n> > (1) After a person’s adoption is registered under this Part, a birth certificate issued by the Registrar for the person must contain—\n> > \n> > > (a) the relevant information recorded in the Register pursuant to section 24(2) in place of the corresponding information recorded in the Register pursuant to section 17(1) (a post-adoption birth certificate), or\n> > \n> > > (b) the relevant information recorded in the Register pursuant to section 24(2) and the following additional information (an integrated birth certificate)—\n> > > \n> > > > (i) the corresponding information recorded in the Register pursuant to section 17(1),\n> > > \n> > > > (ii) if no information is recorded in the Register pursuant to section 17(1)—information, if any, recorded on the Register pursuant to section 43(2)(b) that the Registrar considers appropriate for inclusion in the certificate in relation to the birth of the person.\n> \n> > (2) A post-adoption birth certificate must not include any information that indicates that the person has been adopted.\n> \n> > (3) If an adoption is registered on or after the commencement of the [Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020—](/view/pdf/asmade/act-2020-22)\n> > \n> > > (a) a post-adoption birth certificate issued by the Registrar must be accompanied by an integrated birth certificate, and\n> > \n> > > (b) an integrated birth certificate issued by the Registrar must be accompanied by a post-adoption birth certificate.\n> \n> > (4) This section applies whether or not the person’s birth has been registered under this Act.\n> \n> > (5) A person who is issued a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3) is only required to pay the fee for a single certificate.\n> \n> > (6) If the Registrar has issued a person a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3), a subsequent application to the Registrar may be for either or both of the certificates.\n> \n> **s 25A:** Ins 2008 No 107, Sch 3 \\[3\\]. Subst 2020 No 22, Sch 2\\[1\\].","sortOrder":41},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Registration of parentage orders","content":"# Part 4A Registration of parentage orders\n\nPart 4A Registration of parentage orders\n\n**pt 4A (ss 25B–25E):** Ins 2010 No 102, Sch 2.2 \\[1\\].","sortOrder":42},{"sectionNumber":"25B","sectionType":"section","heading":"How is parentage order registered","content":"#### 25B How is parentage order registered\n\n25B How is parentage order registered\n\n> > (1) If a State parentage order is made or an order is made for the discharge of a State parentage order, the order or discharge of order must be registered under this Act.\n> \n> > (2) The Registrar is to register a State parentage order or discharge of a State parentage order by registering the notice of the parentage order or discharge of a parentage order given to the Registrar under Part 3 of the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102).\n> \n> > (3) If an Interstate parentage order is made in relation to a person whose birth is registered under this Act or an order is made for the discharge of an Interstate parentage order in relation to such a person, the order or discharge of order may be registered under this Act.\n> \n> > (4) The Registrar may register an Interstate parentage order or discharge of an Interstate parentage order by registering any notice of the parentage order or discharge of a parentage order given to the Registrar by a registering authority.\n> \n> > (5) The Registrar registers a notice by making an entry about it in the Register including the information required by the regulations.\n> \n> > (6) If the notice relates to a person in relation to whom such a notice has previously been registered under this Act, the Registrar is also to note a reference to the later notice in the entry in the Register relating to the previous notice.\n> \n> > (7) In this section—\n> > \n> > Interstate parentage order has the same meaning as it has in the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102).\n> > \n> > State parentage order means a parentage order made under the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102).\n> \n> **pt 4A (ss 25B–25E):** Ins 2010 No 102, Sch 2.2 \\[1\\].","sortOrder":43},{"sectionNumber":"25C","sectionType":"section","heading":"Parentage record to be noted in birth registration","content":"#### 25C Parentage record to be noted in birth registration\n\n25C Parentage record to be noted in birth registration\n\n> > (1) If a notice registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the notice in the entry relating to the birth of the person.\n> \n> > (2) If a notice of a parentage order or discharge of a parentage order received by the Registrar under the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the notice to be sent to the relevant registering authority.\n> \n> **pt 4A (ss 25B–25E):** Ins 2010 No 102, Sch 2.2 \\[1\\].","sortOrder":44},{"sectionNumber":"25D","sectionType":"section","heading":"Issuing birth certificate to person the subject of surrogacy arrangement","content":"#### 25D Issuing birth certificate to person the subject of surrogacy arrangement\n\n25D Issuing birth certificate to person the subject of surrogacy arrangement\n\n> > (1) After a parentage order relating to a person is registered under this Part, a birth certificate issued by the Registrar for the person must contain the relevant information recorded in the Register pursuant to section 25B in place of the corresponding information recorded in the Register pursuant to section 17 (1).\n> \n> > (2) In particular, a birth certificate for the person must not include any information that indicates that the person was the child of a surrogacy arrangement.\n> \n> > (3) However, the Registrar must, if the Registrar issues a birth certificate to the person to whom it relates, and the person is at least 18 years of age, attach an addendum to the certificate that indicates that further information is available about the entry.\n> \n> > (4) This section applies whether or not the person’s birth has been registered under this Act.\n> \n> **pt 4A (ss 25B–25E):** Ins 2010 No 102, Sch 2.2 \\[1\\].","sortOrder":45},{"sectionNumber":"25E","sectionType":"section","heading":"Change of name to be notified","content":"#### 25E Change of name to be notified\n\n25E Change of name to be notified\n\n> > (1) If at any time the Registrar registers a change of name in relation to a person to whom a registered parentage order relates, the Registrar is to notify the Director-General of the Department of Health of the change of name.\n> \n> > (2) The Director-General is authorised to collect and use that information for the purposes of the administration of the central register under the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069).\n> \n> **pt 4A (ss 25B–25E):** Ins 2010 No 102, Sch 2.2 \\[1\\].","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"Change of name","content":"# Part 5 Change of name\n\nPart 5 Change of name","sortOrder":47},{"sectionNumber":"25F","sectionType":"section","heading":"Definitions","content":"#### 25F Definitions\n\n25F Definitions\n\n> In this Part—\n> \n> Commissioner of Corrective Services has the same meaning as Commissioner in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> correctional centre has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> correctional patient has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> \n> forensic patient has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> \n> former serious offender means a person who was a serious offender but is no longer a serious offender.\n> \n> inmate has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> mental health facility has the same meaning as in the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n> \n> Mental Health Review Tribunal means the Mental Health Review Tribunal constituted under the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n> \n> parolee means a person who—\n> \n> > (a) is released on parole in accordance with the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), or\n> \n> > (b) is the subject of a parole order that was made under a law of another State or a Territory and that is registered under the [Parole Orders (Transfer) Act 1983](/view/html/inforce/current/act-1983-190).\n> \n> periodic detainee means a person who is subject to a periodic detention order made under section 6 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) before the repeal of that section by the [Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010](/view/html/repealed/current/act-2010-048) and that is in force.\n> \n> person on remand means any person the subject of a warrant or order by which a court has committed the person to a correctional centre in connection with proceedings for an offence committed, or alleged to have been committed, by the person.\n> \n> restricted person—see section 31B.\n> \n> serious offender has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and includes a person who has been convicted of an offence, or is serving a sentence of imprisonment, elsewhere than in New South Wales that would, if the person were convicted or serving the sentence in New South Wales, result in the person being a serious offender within the meaning of that Act.\n> \n> supervising authority means—\n> \n> > (a) in relation to a restricted person who is a forensic patient, the Mental Health Review Tribunal, or\n> \n> > (b) in relation to a restricted person who is not a forensic patient and who is of a class of restricted persons for whom a supervising authority is prescribed by the regulations, that supervising authority, or\n> \n> > (c) in relation to any restricted person not referred to in paragraph (a) or (b), the Commissioner of Corrective Services.\n> \n> supervision order means—\n> \n> > (a) an interim supervision order or extended supervision order under the [Crimes (High Risk Offenders) Act 2006](/view/html/inforce/current/act-2006-007) or the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068), or\n> \n> > (b) a community supervision order within the meaning of Part 4A of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) or an intensive correction order within the meaning of that Act.\n> \n> **s 25F:** Ins 2012 No 14, Sch 1 \\[1\\]. Am 2012 No 42, Sch 1.4 \\[1\\]; 2013 No 4, Sch 2.2; 2017 No 53, Sch 4.3; 2017 No 68, Sch 2.2; 2020 No 12, Sch 3.2\\[1\\] \\[2\\].","sortOrder":49},{"sectionNumber":"26","sectionType":"section","heading":"Change of name by registration","content":"#### 26 Change of name by registration\n\n26 Change of name by registration\n\n> A person’s name may be changed by registration of the change under this Part.","sortOrder":51},{"sectionNumber":"27","sectionType":"section","heading":"Application to register change of adult’s name","content":"#### 27 Application to register change of adult’s name\n\n27 Application to register change of adult’s name\n\n> An adult person may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person’s name if—\n> \n> > (a) the person’s birth is registered in the State, or\n> \n> > (b) the person was born outside Australia, the person’s birth is not registered in Australia and the person has been resident in the State for at least 3 consecutive years immediately preceding the date of the application.\n> \n> **s 27:** Subst 2009 No 59, Sch 1 \\[1\\].","sortOrder":52},{"sectionNumber":"28","sectionType":"section","heading":"Application to register change of child’s name","content":"#### 28 Application to register change of child’s name\n\n28 Application to register change of child’s name\n\n> > (1) The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child’s name if—\n> > \n> > > (a) the child’s birth is registered in the State, or\n> > \n> > > (b) the child was born outside Australia, the child’s birth is not registered in Australia and the child has been resident in the State for at least 3 consecutive years immediately preceding the date of the application.\n> \n> > (2) If the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child, the application may be made by a person to whom a court within Australia has allocated—\n> > \n> > > (a) parental responsibility for the child, or\n> > \n> > > (b) specific aspects of parental responsibility for the child so long as the making of the application is not outside the scope of the aspects allocated.\n> \n> > (2A) If there is more than one such person referred to in subsection (2), the application may be made only as a joint application of those persons.\n> \n> > (3) An application for registration of a change of a child’s name may be made by one parent if—\n> > \n> > > (a) the applicant is the sole parent named in the registration of the child’s birth under this Act or any other law (including a corresponding law), or\n> > \n> > > (a1) the parent has sole parental responsibility, under a final parenting order made under the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth, to make decisions about—\n> > > \n> > > > (i) major long-term issues for the child within the meaning of that Act, or\n> > > \n> > > > (ii) the child’s name, or\n> > \n> > > (b) there is no other surviving parent of the child, or\n> > \n> > > (c) a court approves the proposed change of name.\n> \n> > (4) The District Court may, on application by a child’s parent, approve a proposed change of name for the child if satisfied that the change is in the child’s best interests.\n> \n> > (5) If any court (including any court of another State or the Commonwealth) approves a proposed name for a child, the court may order the Registrar to register the child’s name in a form specified in the order.\n> \n> > (6) In this section—\n> > \n> > parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.\n> \n> **s 28:** Am 2007 No 5, Sch 1 \\[3\\] \\[4\\]; 2008 No 62, Sch 1.4 \\[1\\] \\[2\\]; 2009 No 59, Sch 1 \\[2\\]; 2024 No 59, Sch 2.2.","sortOrder":53},{"sectionNumber":"29","sectionType":"section","heading":"Child’s consent to change of name","content":"#### 29 Child’s consent to change of name\n\n29 Child’s consent to change of name\n\n> A change of a child’s name must not be registered unless—\n> \n> > (a) the child consents to the change of name, or\n> \n> > (b) the child is unable to understand the meaning and implications of the change of name.","sortOrder":54},{"sectionNumber":"29A","sectionType":"section","heading":"Requirement to disclose criminal record","content":"#### 29A Requirement to disclose criminal record\n\n29A Requirement to disclose criminal record\n\n> > (1) The form approved by the Registrar for an application for registration of a change of an adult’s name is to include a requirement to the effect that the applicant disclose whether he or she has been convicted of a relevant offence.\n> \n> > (2) The form approved by the Registrar for an application for registration of a change of a child’s name is to include a requirement to the effect that the applicant disclose whether the child has been convicted of a relevant offence.\n> \n> > (3) An offence against section 57 in relation to a false or misleading disclosure referred to in this section in an application for registration of a change of name is in addition to an offence against that section for any other false or misleading representation made in the same application.\n> \n> > (4) In this section—\n> > \n> > conviction for an offence—\n> > \n> > > (a) includes the making of an order under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), and\n> > \n> > > (b) does not include a spent conviction within the meaning of Part 2 of the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008) or a conviction that is taken to be quashed within the meaning of Part 4 of that Act.\n> > \n> > relevant offence means—\n> > \n> > > (a) an offence in New South Wales that is punishable by imprisonment for 12 months or more, or\n> > \n> > > (b) an offence in a jurisdiction other than New South Wales that, if committed in New South Wales, would be an offence so punishable.\n> \n> Note.\n> \n> The provision of false or misleading information in an application for registration of a change of name in relation to disclosure of convictions for relevant offences constitutes an offence against section 57 with a maximum penalty of 100 penalty units or 2 years imprisonment or both.\n> \n> **s 29A:** Ins 2009 No 59, Sch 1 \\[3\\].","sortOrder":55},{"sectionNumber":"29B","sectionType":"section","heading":"Restrictions on number of changes of name that may be registered","content":"#### 29B Restrictions on number of changes of name that may be registered\n\n29B Restrictions on number of changes of name that may be registered\n\n> The Registrar is not to register a change of name of a person on application made under this Act if the Registrar is aware that—\n> \n> > (a) a change of the person’s name has been registered (whether in this State or in another State) within the period of 12 months immediately preceding the date of the application, or\n> \n> > (b) 3 or more changes of the person’s name have been registered (whether in this State or in another State).\n> \n> **s 29B:** Ins 2009 No 59, Sch 1 \\[3\\].","sortOrder":56},{"sectionNumber":"29C","sectionType":"section","heading":"Exceptions to certain change of name restrictions","content":"#### 29C Exceptions to certain change of name restrictions\n\n29C Exceptions to certain change of name restrictions\n\n> > (1) The Registrar may register a change of name of a person despite any restriction imposed by section 27 (a) or 28 (1) (a) that the person’s birth must be registered in the State if satisfied that an order has been made (whether in the State or elsewhere) for the protection of the person or the person’s children from domestic violence.\n> \n> > (2) The Registrar may register a change of name of a person despite any restriction imposed by section 27 (b) or 28 (1) (b) as to the period for which the person must be resident in the State, or any restriction imposed by section 29B, if—\n> > \n> > > (a) the Registrar is satisfied that the reason for the proposed change of name warrants the registration of the change of name, or\n> > \n> > > (b) without limiting paragraph (a), the Registrar is satisfied that the proposed change of name is sought for the protection of the person, the person’s children or anyone else associated with the person, or\n> > \n> > > (c) the proposed change of name is because of the marriage of the person, or\n> > \n> > > (d) the District Court has approved the proposed change of name on application under section 28 (4).\n> \n> > (3) Nothing in this Part limits or affects—\n> > \n> > > (a) any power that a court has under another Act or law (whether of this State, another State, the Commonwealth or New Zealand) to order that a change of name is to be registered or the ability of the Registrar to comply with such an order, or\n> > \n> > > (b) the operation of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), the [Law Enforcement and National Security (Assumed Identities) Act 2010](/view/html/inforce/current/act-2010-073), the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) or the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087).\n> \n> **s 29C:** Ins 2009 No 59, Sch 1 \\[3\\]. Am 2010 No 73, Sch 2.1; 2010 No 102, Sch 2.2 \\[2\\].","sortOrder":57},{"sectionNumber":"30","sectionType":"section","heading":"Registration of change of name","content":"#### 30 Registration of change of name\n\n30 Registration of change of name\n\n> > (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction—\n> > \n> > > (a) the identity and age of the person whose name is to be changed, and\n> > \n> > > (b) that the change of name is not sought for a fraudulent or other improper purpose, and\n> > \n> > > (c) if the person whose name is to be changed is a child—that the child consents to the change of name or is unable to understand the meaning and implications of the change of name, and\n> > \n> > > (d) the reasons for making the application for registration of the change of name if the registration of the change would require the Registrar to exercise his or her discretion under section 29C.\n> \n> > (2) If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law (including a law of another State or the Commonwealth) or by order of a court (including any court of another State or the Commonwealth) the change of name may be registered under this Act.\n> \n> > (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n> \n> **s 30:** Am 2009 No 59, Sch 1 \\[4\\].","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Entries to be made in the Register","content":"#### 31 Entries to be made in the Register\n\n31 Entries to be made in the Register\n\n> > (1) The Registrar registers a change of name by making an entry about the change of name in the Register including the particulars required by the regulations.\n> \n> > (2) If the applicant for registration of the change of name asks the Registrar to arrange for noting the change of name in the particulars of the person’s birth, and the person’s birth is registered under this Act or a corresponding law, the Registrar must—\n> > \n> > > (a) if the birth is registered under this Act—note the change of name in the entry relating to the birth, or\n> > \n> > > (b) if the birth is registered under a corresponding law—give notice to the relevant registering authority of the change of name.\n> \n> > (3) If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person’s name as changed under this Part.","sortOrder":59},{"sectionNumber":"31A","sectionType":"section","heading":"Application of Division","content":"#### 31A Application of Division\n\n31A Application of Division\n\n> > (1) The requirements and restrictions contained in this Division are in addition to any other requirements and restrictions contained in this Part.\n> \n> > (2) This Division does not apply to a change of name resulting from the exercise of a power, or the operation of an Act, referred to in section 29C (3).\n> \n> Note.\n> \n> The [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042) contains additional requirements and restrictions in relation to the change of name of registrable persons within the meaning of that Act.\n> \n> **s 31A:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":61},{"sectionNumber":"31B","sectionType":"section","heading":"Restricted persons","content":"#### 31B Restricted persons\n\n31B Restricted persons\n\n> > (1) For the purposes of this Part, a restricted person means any of the following persons—\n> > \n> > > (a) an inmate,\n> > \n> > > (b) a person on remand,\n> > \n> > > (c) a parolee,\n> > \n> > > (d) a periodic detainee,\n> > \n> > > (e) a person who is subject to a supervision order,\n> > \n> > > (f) a forensic patient,\n> > \n> > > (g) a correctional patient,\n> > \n> > > (h) a person of a class included by the regulations under subsection (2).\n> \n> > (2) The regulations may include as a class of restricted person any person of a class that comprises the whole or any part of either or both of the following classes—\n> > \n> > > (a) persons that are in lawful custody,\n> > \n> > > (b) persons that are the subject of an order made under an Act authorising some form of supervision or conditional release of the person concerned in connection with the commission, or the alleged commission, of an offence\n> \n> > (3) Despite subsection (1), a restricted person does not include any person of a class prescribed by the regulations as not being a class of restricted persons.\n> \n> **s 31B:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":62},{"sectionNumber":"31C","sectionType":"section","heading":"Applications for change of name by or on behalf of restricted person","content":"#### 31C Applications for change of name by or on behalf of restricted person\n\n31C Applications for change of name by or on behalf of restricted person\n\n> > (1) A restricted person must not do any of the following without having first obtained the written approval of the supervising authority—\n> > \n> > > (a) apply to the Registrar to register a change of his or her name under this Act,\n> > \n> > > (b) apply to a registering authority to register a change of his or her name under a corresponding law.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) A person must not, on behalf of a restricted person, do any of the following without having first obtained the written approval of the supervising authority—\n> > \n> > > (a) apply to the Registrar to register a change of the restricted person’s name under this Act,\n> > \n> > > (b) apply to a registering authority to register a change of the restricted person’s name under a corresponding law.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> **s 31C:** Ins 2012 No 14, Sch 1 \\[2\\]. Am 2012 No 42, Sch 1.4 \\[2\\].","sortOrder":63},{"sectionNumber":"31D","sectionType":"section","heading":"Approval by supervising authority","content":"#### 31D Approval by supervising authority\n\n31D Approval by supervising authority\n\n> > (1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person only if the supervising authority is satisfied that the change of name is in all the circumstances necessary or reasonable.\n> \n> > (2) The supervising authority must not approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person if the supervising authority is satisfied that—\n> > \n> > > (a) the change of name would, if registered, be reasonably likely—\n> > > \n> > > > (i) to adversely affect the security, discipline or good order of any premises or facility at which the restricted person is held or accommodated, or\n> > > \n> > > > (ii) to jeopardise the restricted person’s or another person’s health or safety, or\n> > > \n> > > > (iii) to be used to further an unlawful activity or purpose, or\n> > > \n> > > > (iv) to be used to evade or hinder the supervision of the restricted person, or\n> > \n> > > (b) the proposed name would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.\n> \n> > (3) The supervising authority for a restricted person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e) must not approve the making of an application to the Registrar or a registering authority for registration of a change of the person’s name unless the supervising authority has consulted with the Commissioner of Corrective Services and the Commissioner has given concurrence.\n> > \n> > Note.\n> > \n> > The supervising authority for all forensic patients is the Mental Health Review Tribunal.\n> \n> > (4) Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services as to whether to give concurrence in the same way as those subsections apply to a determination of a supervising authority as to whether to give approval.\n> \n> > (5) If the supervising authority approves of the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person, the supervising authority must—\n> > \n> > > (a) as soon as practicable, give written notice of the approval to the person who intends to make the application, and\n> > \n> > > (b) give a copy of the written notice of approval to the Registrar or the registering authority (as the case requires).\n> \n> **s 31D:** Ins 2012 No 14, Sch 1 \\[2\\]. Am 2012 No 42, Sch 1.4 \\[3\\]–\\[6\\].","sortOrder":64},{"sectionNumber":"31E","sectionType":"section","heading":"Additional requirements for registration of change of name of restricted person","content":"#### 31E Additional requirements for registration of change of name of restricted person\n\n31E Additional requirements for registration of change of name of restricted person\n\n> > (1) The Registrar must not register a change of name of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for registration of a change of name.\n> \n> > (2) The Registrar must give written notice to the supervising authority of a decision of the Registrar to register or refuse to register a change of name of a restricted person.\n> \n> > (3) The Registrar must give written notice—\n> > \n> > > (a) to the Commissioner of Corrective Services when the Registrar registers the name of a person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e), and\n> > \n> > > (b) to the Commissioner of Police when the Registrar registers the name of a person who is a restricted person and a registrable person (within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042)).\n> \n> **ss 31E–31H:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":65},{"sectionNumber":"31F","sectionType":"section","heading":"Additional requirements for registration of change of name of former serious offender","content":"#### 31F Additional requirements for registration of change of name of former serious offender\n\n31F Additional requirements for registration of change of name of former serious offender\n\n> > (1) The Registrar must not register a change of name of a former serious offender unless the Registrar has first obtained the written approval of the Commissioner of Corrective Services and the Commissioner of Police.\n> \n> > (2) However, the Registrar is not required to obtain the approval of the Commissioner of Police under this section if the Commissioner has given approval under Part 3A of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042) to the making of the relevant application to change the name.\n> \n> > (3) The Commissioner of Corrective Services and the Commissioner of Police may approve the making of an application to the Registrar for registration of a change of name of a former serious offender only if satisfied that the change of name is in all the circumstances necessary or reasonable.\n> \n> > (4) The Commissioner of Corrective Services and the Commissioner of Police must not give an approval under this section if satisfied that—\n> > \n> > > (a) the change of name would, if registered, be reasonably likely—\n> > > \n> > > > (i) to jeopardise the former serious offender’s or another person’s health or safety, or\n> > > \n> > > > (ii) to be used to further an unlawful activity or purpose, or\n> > \n> > > (b) the proposed name would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.\n> \n> > (5) This section does not apply to the change of name of a person who is a former serious offender if—\n> > \n> > > (a) at any time since the release date, the person has had a prison-free period of 10 consecutive years, or\n> > \n> > > (b) at the time of making the application for the change of name, the person is a restricted person, or\n> > \n> > > (c) the person’s conviction for an offence as a result of which the person became a serious offender has been quashed or set aside.\n> \n> > (6) This section applies to a former serious offender despite the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008).\n> \n> > (7) In this section—\n> > \n> > prison-free period, in relation to a person who is a former serious offender, means any period during which the person has not served any part of a term of imprisonment (whether in New South Wales or elsewhere) as a result of being convicted of any offence.\n> > \n> > release date, in relation to a person who is a former serious offender, means—\n> > \n> > > (a) the date on which the last sentence of imprisonment that the person served wholly or partly as a serious offender (whether in New South Wales or elsewhere) expired or, if the person was serving one or more other sentences of imprisonment consecutively or concurrently with that sentence of imprisonment, the date on which the combined terms of all of the sentences expired, or\n> > \n> > > (b) if the person was a serious offender and a forensic patient, the date on which the person ceased to be a serious offender.\n> \n> **ss 31E–31H:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":66},{"sectionNumber":"31G","sectionType":"section","heading":"Registrar may correct Register","content":"#### 31G Registrar may correct Register\n\n31G Registrar may correct Register\n\n> > (1) The Registrar may correct the Register under section 45 if a change of name of a person has been registered in contravention of this Division.\n> \n> > (2) This section does not limit the power of the Registrar under section 45 to correct the Register.\n> \n> **ss 31E–31H:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":67},{"sectionNumber":"31H","sectionType":"section","heading":"Regulations for purposes of Division","content":"#### 31H Regulations for purposes of Division\n\n31H Regulations for purposes of Division\n\n> The regulations may make provision for or with respect to the making of applications under this Division, the giving of approvals and concurrences under this Division, consultation requirements for supervising authorities, exemptions from the requirements of any of the provisions of this Division and the modification of the application of the provisions of this Division in any specified circumstances.\n> \n> **ss 31E–31H:** Ins 2012 No 14, Sch 1 \\[2\\].","sortOrder":68},{"sectionNumber":"31I","sectionType":"section","heading":"Information-sharing between relevant authorities and Registrar","content":"#### 31I Information-sharing between relevant authorities and Registrar\n\n31I Information-sharing between relevant authorities and Registrar\n\n> > (1) A supervising authority—\n> > \n> > > (a) must ensure that the Registrar is provided with information as to the identity of the restricted persons for whom it is the supervising authority, including the following information in relation to each of those persons (if known to the authority)—\n> > > \n> > > > (i) the name (including any other name by which a restricted person is or has previously been known),\n> > > \n> > > > (ii) the date and place of birth of each restricted person,\n> > > \n> > > > (iii) the residential address or addresses of each restricted person, and\n> > \n> > > (b) must provide that information in the form and manner agreed to from time to time between the authority and the Registrar, and\n> > \n> > > (c) must notify the Registrar as soon as practicable after a person ceases to be a restricted person if the Registrar has previously been notified by the authority that the person is a restricted person.\n> \n> > (2) The Commissioner of Corrective Services—\n> > \n> > > (a) must ensure that the Registrar is provided with information as to the identity of persons who are former serious offenders, including the following information in relation to each of those persons (if known to the Commissioner)—\n> > > \n> > > > (i) the name (including any other name by which each such person is or has previously been known),\n> > > \n> > > > (ii) the date and place of birth of each such person,\n> > > \n> > > > (iii) the residential address or addresses of each such person,\n> > > \n> > > > (iv) the release date of each such person (within the meaning of section 31F), and\n> > \n> > > (b) must provide that information in the form and manner agreed to from time to time between the Commissioner and the Registrar.\n> \n> > (3) This section has effect despite any law to the contrary.\n> \n> **s 31I:** Ins 2012 No 14, Sch 1 \\[3\\].","sortOrder":70},{"sectionNumber":"31J","sectionType":"section","heading":"Administrative review by Civil and Administrative Tribunal of certain decisions under this Part","content":"#### 31J Administrative review by Civil and Administrative Tribunal of certain decisions under this Part\n\n31J Administrative review by Civil and Administrative Tribunal of certain decisions under this Part\n\n> A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the following decisions in relation to the making of an application to the Registrar or a registering authority for the change of name of the person—\n> \n> > (a) a decision of the supervising authority (other than the Mental Health Review Tribunal) under Division 3 to refuse to approve the making of the application,\n> \n> > (b) a decision by the Commissioner of Corrective Services to refuse to give concurrence under section 31D (3) to the making of the application,\n> \n> > (c) a decision by the Commissioner of Corrective Services or the Commissioner of Police to refuse to give approval under section 31F to the making of the application.\n> \n> **s 31J:** Ins 2012 No 14, Sch 1 \\[3\\]. Am 2012 No 42, Sch 1.4 \\[7\\]; 2013 No 95, Sch 2.13 \\[1\\].","sortOrder":71},{"sectionNumber":"31K","sectionType":"section","heading":"Appeals from decisions of Mental Health Review Tribunal under this Part","content":"#### 31K Appeals from decisions of Mental Health Review Tribunal under this Part\n\n31K Appeals from decisions of Mental Health Review Tribunal under this Part\n\n> > (1) A restricted person may appeal to the Forensic Division of the Mental Health Review Tribunal against a decision of the Tribunal under Division 3 to refuse to approve the making of an application to the Registrar or a registering authority for registration of a change of name of the restricted person.\n> \n> > (2) A restricted person may appeal against the determination of an appeal by the Forensic Division of the Mental Health Review Tribunal under this section to the Supreme Court in accordance with section 163 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n> \n> > (3) This section does not give a right of appeal against a decision of the Mental Health Review Tribunal that was made only because the Commissioner of Corrective Services refused to give concurrence under section 31D (3).\n> \n> > (4) In this section, the Forensic Division of the Mental Health Review Tribunal has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> \n> **s 31K:** Ins 2012 No 14, Sch 1 \\[3\\]. Am 2012 No 42, Sch 1.4 \\[8\\]; 2020 No 12, Sch 3.2\\[1\\].","sortOrder":72},{"sectionNumber":"31L","sectionType":"section","heading":"Protection of security sensitive information","content":"#### 31L Protection of security sensitive information\n\n31L Protection of security sensitive information\n\n> > (1) This section applies to the following decisions—\n> > \n> > > (a) a decision of the Commissioner of Corrective Services to refuse to give approval or concurrence under section 31D or 31F on a ground referred to in section 31D (2) (a),\n> > \n> > > (b) a decision of the Commissioner of Police to refuse to give approval under section 31F on a ground referred to in section 31F (4) (a).\n> \n> > (2) The Commissioner of Corrective Services or the Commissioner of Police is not, under this or any other Act or law, required to give any reasons for a decision of the Commissioner’s to which this section applies to the extent that the giving of those reasons would disclose any security sensitive information.\n> \n> > (3) In determining an application for an administrative review of any decision to which this section applies, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002))—\n> > \n> > > (a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any security sensitive information without the approval of the Commissioner who made the decision, and\n> > \n> > > (b) in order to prevent the disclosure of any such security sensitive information, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review, the applicant’s representative and any other interested party, unless that Commissioner approves otherwise.\n> \n> > (4) In this section, security sensitive information means information classified by the Commissioner of Corrective Services or the Commissioner of Police for the purposes of this section as security sensitive information, being information the disclosure of which could reasonably be expected—\n> > \n> > > (a) to prejudice criminal investigations, or\n> > \n> > > (b) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement, or\n> > \n> > > (c) to endanger a person’s life or physical safety, or\n> > \n> > > (d) to adversely affect the security, discipline or good order of a correctional centre, correctional complex or residential facility (within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)), or\n> > \n> > > (e) to adversely affect the supervision of any parolee or person subject to a supervision order.\n> \n> **s 31L:** Ins 2012 No 14, Sch 1 \\[3\\]. Am 2013 No 95, Sch 2.13 \\[2\\] \\[3\\].","sortOrder":73},{"sectionNumber":"32","sectionType":"section","heading":"Change of name may still be established by repute or usage","content":"#### 32 Change of name may still be established by repute or usage\n\n32 Change of name may still be established by repute or usage\n\n> This Part does not prevent a change of name by repute or usage.","sortOrder":74},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Acknowledgement of sex","content":"# Part 5A Acknowledgement of sex\n\nPart 5A Acknowledgement of sex\n\n**pt 5A:** Ins 1996 No 22, Sch 2 (4). Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":75},{"sectionNumber":"32A","sectionType":"section","heading":"Definitions","content":"#### 32A Definitions\n\n32A Definitions\n\n> In this part—\n> \n> prohibited sex descriptor means a sex descriptor that—\n> \n> > (a) is obscene or offensive, or\n> \n> > (b) could not practicably be established by repute or usage—\n> > \n> > > (i) because it is too long, or\n> > \n> > > (ii) because it consists of or includes symbols without phonetic significance, or\n> > \n> > > (iii) for some other reason, or\n> \n> > (c) includes or resembles an official title or rank, or\n> \n> > (d) is contrary to the public interest for some other reason.\n> \n> qualified counsellor means a person who has the qualifications prescribed by the regulations.\n> \n> recognition certificate means a certificate that—\n> \n> > (a) is issued under the law of another State or Territory or a jurisdiction outside Australia, and\n> \n> > (b) recognises an alteration in a record of a person’s sex, and\n> \n> > (c) is issued in relation to a person whose record of sex has been altered, and\n> \n> > (d) states the person’s sex in accordance with the altered record.\n> \n> sex descriptor means the following—\n> \n> > (a) female,\n> \n> > (b) male,\n> \n> > (c) non-binary,\n> \n> > (d) non-specified,\n> \n> > (e) any descriptor prescribed by the regulations.\n> \n> **s 32A:** Ins 1996 No 22, Sch 2 (4). Am 2008 No 107, Sch 3 \\[4\\]; 2008 No 53, Sch 1 \\[2\\] \\[3\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":77},{"sectionNumber":"32B","sectionType":"section","heading":"Application to Registrar by person 18 years of age or more about alteration of record of person’s sex","content":"#### 32B Application to Registrar by person 18 years of age or more about alteration of record of person’s sex\n\n32B Application to Registrar by person 18 years of age or more about alteration of record of person’s sex\n\n> > (1) A person may apply to the Registrar to have a record of the person’s sex, specified in the application, altered if—\n> > \n> > > (a) the person is 18 years of age or more, and\n> > \n> > > (b) the person’s birth is registered in this State.\n> \n> > (2) An application under subsection (1) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by a statutory declaration in which the person declares that the person—\n> > > \n> > > > (i) identifies as being of the sex specified in the declaration, and\n> > > \n> > > > (ii) lives, or seeks to live, as a person of that sex, and\n> > \n> > > (c) accompanied by a support statement by an adult who has known the applicant for at least 12 months stating that—\n> > > \n> > > > (i) the adult believes the person is making the application in good faith, and\n> > > \n> > > > (ii) the adult supports the person in making the application, and\n> > \n> > > (d) accompanied by any other document or information the Registrar reasonably requires in relation to the sex of the person.\n> > \n> > Note—\n> > \n> > See the [Oaths Act 1900](/view/html/inforce/current/act-1900-020), sections 25 and 25A, which provide for penalties for making a false statutory declaration, and this Act, section 57, which provides for penalties for giving the Registrar false information.\n> \n> > (3) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32B:** Ins 1996 No 22, Sch 2 (4). Am 2008 No 53, Sch 1 \\[4\\]; 2018 No 28, Sch 3 \\[1\\] \\[2\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":79},{"sectionNumber":"32C","sectionType":"section","heading":"Application to Registrar by parents or guardians about alteration of record of child’s sex","content":"#### 32C Application to Registrar by parents or guardians about alteration of record of child’s sex\n\n32C Application to Registrar by parents or guardians about alteration of record of child’s sex\n\n> > (1) Persons or a person (each an applicant) may apply to the Registrar to alter a record of the sex, specified in the application, of a child under the age of 18 years whose birth is registered in the State if—\n> > \n> > > (a) the applicants constitute all the parents or guardians of the child, or\n> > \n> > > (b) the applicant is the sole parent named in the registration under this Act of the child’s birth, or\n> > \n> > > (c) the applicant is the sole guardian of the child, or\n> > \n> > > (d) the applicant is the child’s parent and there is no other surviving parent of the child, or\n> > \n> > > (e) an order of a court authorises the applicant to register a change of sex in relation to the child.\n> \n> > (2) An application under subsection (1) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by—\n> > > \n> > > > (i) if the child is able to make a statutory declaration—a declaration made by the child that the child—\n> > > > \n> > > > > (A) identifies as being of the sex specified in the declaration, and\n> > > > \n> > > > > (B) lives, or seeks to live, as a person of that sex, and\n> > > \n> > > > (ii) if the child is not able to make a statutory declaration but is able to express the child’s views—a statement from each applicant stating that the applicant believes on reasonable grounds that alteration of the record of sex of the child is in the child’s best interests, and\n> > \n> > > (c) accompanied by a statement from a qualified counsellor who has provided counselling to the child that the child has undertaken counselling in relation to—\n> > > \n> > > > (i) whether or not the application ought to be made, and\n> > > \n> > > > (ii) the implications of the alteration of the record of the child’s sex, and\n> > \n> > > (d) accompanied by a statement from the qualified counsellor referred to in paragraph (c) that the counsellor supports the application, and\n> > \n> > > (e) accompanied by any other document or information the Registrar reasonably requires.\n> \n> > (3) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32C:** Ins 1996 No 22, Sch 2 (4). Am 2008 No 53, Sch 1 \\[4\\]; 2019 No 14, Sch 1.2\\[4\\] \\[5\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":81},{"sectionNumber":"32D","sectionType":"section","heading":"Application to District Court by parent or guardian about alteration of record of child’s sex","content":"#### 32D Application to District Court by parent or guardian about alteration of record of child’s sex\n\n32D Application to District Court by parent or guardian about alteration of record of child’s sex\n\n> > (1) This section applies if—\n> > \n> > > (a) not all the parents or guardians of a child, who is under the age of 18 and whose birth is registered in this State, wish to apply to alter a record of the sex of the child, or\n> > \n> > > (b) the parent or guardian is otherwise ineligible to apply under section 32C to the Registrar to alter the record of the sex of the child.\n> \n> > (2) The parent or a guardian (the applicant) may apply to the District Court to alter the record of the sex, specified in the application, of the child.\n> \n> > (3) An application under subsection (2) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by any other document or information the District Court reasonably requires.\n> \n> > (4) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32D:** Ins 1996 No 22, Sch 2 (4). Am 2018 No 28, Sch 3 \\[3\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":82},{"sectionNumber":"32DA","sectionType":"section","heading":"Application for registration of acknowledgement of sex","content":"#### 32DA Application for registration of acknowledgement of sex\n\n32DA Application for registration of acknowledgement of sex\n\n> > (1) A person may apply to the Registrar for the registration of an acknowledgment of the person’s sex, specified in the application, if—\n> > \n> > > (a) the person is 18 years of age or more, and\n> > \n> > > (b) the person is an Australian citizen or permanent resident of Australia, and\n> > \n> > > (c) the person lives, and has lived for at least one year, in New South Wales, and\n> > \n> > > (d) the person’s birth is not registered under this Act or a corresponding law.\n> \n> > (2) An application under subsection (1) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by a statutory declaration in which the person declares that the person—\n> > > \n> > > > (i) identifies as being of the sex specified in the declaration, and\n> > > \n> > > > (ii) lives, or seeks to live, as a person of that sex, and\n> > \n> > > (c) accompanied by a support statement by an adult who has known the applicant for at least 12 months stating that—\n> > > \n> > > > (i) the adult believes the person is making the application in good faith, and\n> > > \n> > > > (ii) the adult supports the person in making the application, and\n> > \n> > > (d) accompanied by any other document or information the Registrar reasonably requires in relation to the sex of the person.\n> > \n> > Note—\n> > \n> > See the [Oaths Act 1900](/view/html/inforce/current/act-1900-020), sections 25 and 25A, which provide for penalties for making a false statutory declaration, and this Act, section 57, which provides for penalties for giving the Registrar false information.\n> \n> > (3) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32DA:** Ins 2008 No 53, Sch 1 \\[5\\]. Am 2018 No 28, Sch 3 \\[4\\] \\[5\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":84},{"sectionNumber":"32DB","sectionType":"section","heading":"Application to Registrar by parents or guardians about registration of acknowledgment of child’s sex","content":"#### 32DB Application to Registrar by parents or guardians about registration of acknowledgment of child’s sex\n\n32DB Application to Registrar by parents or guardians about registration of acknowledgment of child’s sex\n\n> > (1) This section applies in relation to a child if—\n> > \n> > > (a) the child is under the age of 18 years, and\n> > \n> > > (b) the child is an Australian citizen or permanent resident of Australia, and\n> > \n> > > (c) the child lives, and has lived for at least one year, in New South Wales, and\n> > \n> > > (d) the child’s birth is not registered under this Act or a corresponding law.\n> \n> > (2) The following persons or a person (each an applicant) may apply to the Registrar for the registration of an acknowledgment of the child’s sex, specified in the application, if—\n> > \n> > > (a) the applicants constitute all the parents or guardians of the child,\n> > \n> > > (b) the applicant is the sole parent named in the registration under this Act of the child’s birth,\n> > \n> > > (c) the applicant is the sole guardian of the child,\n> > \n> > > (d) the applicant is the child’s parent and there is no other surviving parent of the child,\n> > \n> > > (e) an order of a court authorises the applicant to register a change of sex in relation to the child.\n> \n> > (3) An application under subsection (2) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by—\n> > > \n> > > > (i) if the child is able to make a statutory declaration—a declaration made by the child that the child—\n> > > > \n> > > > > (A) identifies as being of the sex specified in the declaration, and\n> > > > \n> > > > > (B) lives, or seeks to live, as a person of that sex, and\n> > > \n> > > > (ii) if the child is not able to make a statutory declaration but is able to express the child’s views—a statement from each applicant stating that the applicant believes on reasonable grounds that the registration of an acknowledgment of the child’s sex is in the child’s best interests, and\n> > \n> > > (c) accompanied by a statement from a qualified counsellor who has provided counselling to the child that the child has undertaken counselling in relation to—\n> > > \n> > > > (i) whether or not the application ought to be made, and\n> > > \n> > > > (ii) the implications of the registration of the acknowledgement of the child’s sex, and\n> > \n> > > (d) accompanied by a statement from the qualified counsellor referred to in paragraph (c) that the counsellor supports the application, and\n> > \n> > > (e) accompanied by any other document or information the Registrar reasonably requires.\n> \n> > (4) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32DB:** Ins 2008 No 53, Sch 1 \\[5\\]. Am 2019 No 14, Sch 1.2\\[6\\] \\[7\\]. Subst 2024 No 71, Sch 1\\[4\\].","sortOrder":85},{"sectionNumber":"32DBA","sectionType":"section","heading":"Application to District Court by parent or guardian about registration of acknowledgment of child’s sex","content":"#### 32DBA Application to District Court by parent or guardian about registration of acknowledgment of child’s sex\n\n32DBA Application to District Court by parent or guardian about registration of acknowledgment of child’s sex\n\n> > (1) This section applies if—\n> > \n> > > (a) not all the parents or guardians of a child who meets the following criteria (a relevant child) wish to apply for the registration of an acknowledgement of the child’s sex—\n> > > \n> > > > (i) the child is under the age of 18 years,\n> > > \n> > > > (ii) the child is an Australian citizen or permanent resident of Australia,\n> > > \n> > > > (iii) the child lives, and has lived for at least one year, in New South Wales,\n> > > \n> > > > (iv) the child’s birth is not registered under this Act or a corresponding law, or\n> > \n> > > (b) the parent or guardian is otherwise ineligible to apply under section 32DB to the Registrar for the registration of an acknowledgement of the child’s sex.\n> \n> > (2) The parent or a guardian (the applicant) may apply to the District Court for the registration of an acknowledgement of the sex, specified in the application, of the relevant child.\n> \n> > (3) An application under subsection (2) must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) accompanied by any other document or information the District Court reasonably requires.\n> \n> > (4) The applicant must nominate a sex descriptor in the application.\n> \n> **s 32DBA:** Ins 2024 No 71, Sch 1\\[4\\].\n> \n> **s 32DC:** Ins 2008 No 53, Sch 1 \\[5\\]. Am 2018 No 28, Sch 3 \\[6\\]. Rep 2024 No 71, Sch 1\\[4\\].\n> \n> **s 32DD:** Ins 2008 No 53, Sch 1 \\[5\\]. Rep 2024 No 71, Sch 1\\[4\\].","sortOrder":86},{"sectionNumber":"32E","sectionType":"section","heading":"Decision by Registrar","content":"#### 32E Decision by Registrar\n\n32E Decision by Registrar\n\n> > (1) After receiving an application under this part for the alteration of a record of sex or the registration of an acknowledgement of sex in relation to a person, the Registrar—\n> > \n> > > (a) for an application for the alteration of a record of sex—must—\n> > > \n> > > > (i) alter the record of sex in relation to the person by making an entry in the Register specifying the sex to be the registered sex in relation to the person, and\n> > > \n> > > > (ii) make any other changes to the Register necessary to indicate each previous registered sex of the person is no longer the registered sex in relation to the person, or\n> > \n> > > (b) for an application for the registration of an acknowledgement of sex in relation to a person—must make an entry in the Register specifying the sex to be the acknowledged sex in relation to the person, or\n> > \n> > > (c) must refuse to alter the record of sex or register the acknowledgement of sex in relation to the person.\n> \n> > (2) If the Registrar decides an application made under this part by refusing to alter the record of sex or to register the acknowledgement of sex in relation to the person—\n> > \n> > > (a) the Registrar must record the Registrar’s reasons for the refusal, and\n> > \n> > > (b) the Registrar must give the person who made the application the Registrar’s reasons for the refusal, and\n> > \n> > > (c) the person who made the application may apply under section 56 for a review of the decision.\n> \n> > (3) If a record of sex is altered in relation to a person under this section, any registered sex that was previously registered in relation to the person ceases to be the registered sex in relation to the person.\n> \n> > (4) The Registrar may refuse to approve the registration of the sex descriptor nominated by or for a person if the alteration or acknowledgement would result in the recorded sex being a prohibited sex descriptor.\n> \n> > (5) (Repealed)\n> \n> **s 32E:** Ins 1996 No 22, Sch 2 (4). Subst 2024 No 71, Sch 1\\[4\\]. Am 2025 No 62, Sch 3\\[2\\].","sortOrder":88},{"sectionNumber":"32F","sectionType":"section","heading":"Decision by District Court","content":"#### 32F Decision by District Court\n\n32F Decision by District Court\n\n> > (1) If an application is made to the District Court under this part to approve the alteration of a record of a sex or for the registration of an acknowledgment of sex, specified in the application, the District Court may—\n> > \n> > > (a) make an order that—\n> > > \n> > > > (i) approves the alteration of the record of sex or the registration of the acknowledgment of sex in relation to the person, and\n> > > \n> > > > (ii) requires the Registrar to make an entry in the Register altering the record of sex or registering the acknowledgement of sex in relation to the person, or\n> > \n> > > (b) refuse to approve the alteration of the record of the person’s sex or the acknowledgement of the sex of the person.\n> \n> > (2) The District Court may approve the alteration of a record or the registration of an acknowledgement of the sex of a child only if the District Court is satisfied the alteration or acknowledgement is in the child’s best interests.\n> \n> > (3) In deciding whether the alteration or acknowledgement is in the child’s best interests, the matters to which the District Court may have regard include the following—\n> > \n> > > (a) the views of the child, however expressed,\n> > \n> > > (b) whether the child is sufficiently mature to understand the meaning and legal implications of the alteration of the record or registration of acknowledgement of the sex of the child.\n> \n> > (4) The District Court may refuse to approve the registration of the sex descriptor nominated by or for a person if the alteration or acknowledgement would result in the recorded sex being a prohibited sex descriptor.\n> \n> > (5) (Repealed)\n> \n> **s 32F:** Ins 1996 No 22, Sch 2 (4). Subst 2024 No 71, Sch 1\\[4\\]. Am 2025 No 62, Sch 3\\[3\\].","sortOrder":89},{"sectionNumber":"32G","sectionType":"section","heading":"Application and interpretation of division","content":"#### 32G Application and interpretation of division\n\n32G Application and interpretation of division\n\n> > (1) The requirements and restrictions contained in this division are in addition to any other requirements and restrictions contained in this part.\n> \n> > (2) A term used in this division and Part 5, Division 3 has the same meaning in this division as it has in Part 5, Division 3.\n> \n> **s 32G:** Ins 1996 No 22, Sch 2 (4). Rep 2008 No 53, Sch 1 \\[6\\]. Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":91},{"sectionNumber":"32GA","sectionType":"section","heading":"Restricted persons","content":"#### 32GA Restricted persons\n\n32GA Restricted persons\n\n> > (1) In this division, a restricted person—\n> > \n> > > (a) means any of the following persons—\n> > > \n> > > > (i) an inmate,\n> > > \n> > > > (ii) a person on remand,\n> > > \n> > > > (iii) a parolee,\n> > > \n> > > > (iv) a periodic detainee,\n> > > \n> > > > (v) a person who is subject to a supervision order,\n> > > \n> > > > (vi) a forensic patient,\n> > > \n> > > > (vii) a correctional patient,\n> > > \n> > > > (viii) a person of a class included by the regulations under subsection (2), but\n> > \n> > > (b) despite paragraph (a), does not include a person of a class prescribed by the regulations as not being a class of restricted persons.\n> \n> > (2) For subsection (1)(a)(viii), the regulations may include as a restricted person a person of a class that consists of the whole or part of the following classes—\n> > \n> > > (a) persons in lawful custody,\n> > \n> > > (b) persons the subject of an order made under an Act authorising a form of supervision or conditional release of the person in connection with the commission, or alleged commission, of an offence.\n> \n> **s 32GA:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":92},{"sectionNumber":"32GB","sectionType":"section","heading":"Applications for change of sex by or on behalf of restricted person","content":"#### 32GB Applications for change of sex by or on behalf of restricted person\n\n32GB Applications for change of sex by or on behalf of restricted person\n\n> > (1) A restricted person must not do the following without the written approval of the supervising authority—\n> > \n> > > (a) apply to the Registrar to register a change of the restricted person’s sex under this Act,\n> > \n> > > (b) apply to a registering authority to register a change of the restricted person’s sex under a corresponding law.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) A person must not, on behalf of a restricted person, do the following without the written approval of the supervising authority—\n> > \n> > > (a) apply to the Registrar to register a change of the restricted person’s sex under this Act,\n> > \n> > > (b) apply to a registering authority to register a change of the restricted person’s sex under a corresponding law.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> **s 32GB:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":93},{"sectionNumber":"32GC","sectionType":"section","heading":"Approval by supervising authority","content":"#### 32GC Approval by supervising authority\n\n32GC Approval by supervising authority\n\n> > (1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of sex of a restricted person only if the supervising authority is satisfied the change of sex is necessary or reasonable.\n> \n> > (2) The supervising authority must not approve the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person if the supervising authority is satisfied—\n> > \n> > > (a) the change of sex would, if registered, be reasonably likely to—\n> > > \n> > > > (i) adversely affect the security, discipline or good order of premises or a facility at which the restricted person is held or accommodated, or\n> > > \n> > > > (ii) jeopardise the restricted person’s or another person’s health or safety, or\n> > > \n> > > > (iii) be used to further an unlawful activity or purpose, or\n> > > \n> > > > (iv) be used to evade or hinder the supervision of the restricted person, or\n> > \n> > > (b) the proposed change of sex would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.\n> \n> > (3) The supervising authority for a restricted person who is a forensic patient and a person referred to in section 32GA(1), definition of restricted person, paragraph (a)(i)–(v) must not approve the making of an application to the Registrar or a registering authority for the registration of a change of the person’s sex unless—\n> > \n> > > (a) the supervising authority has consulted with the Commissioner of Corrective Services, and\n> > \n> > > (b) the Commissioner has given concurrence.\n> > \n> > Note—\n> > \n> > The supervising authority for all forensic patients is the Mental Health Review Tribunal.\n> \n> > (4) Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services about whether to give concurrence in the same way as the subsections apply to a determination of a supervising authority about whether to give approval.\n> \n> > (5) If the supervising authority approves the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person, the supervising authority must—\n> > \n> > > (a) as soon as practicable, give written notice of the approval to the person who intends to make the application, and\n> > \n> > > (b) give a copy of the written notice of approval to the Registrar or registering authority.\n> \n> **s 32GC:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":94},{"sectionNumber":"32GD","sectionType":"section","heading":"Additional requirements for registration of change of sex of restricted persons","content":"#### 32GD Additional requirements for registration of change of sex of restricted persons\n\n32GD Additional requirements for registration of change of sex of restricted persons\n\n> > (1) The Registrar must not register a change of sex of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for the registration of a change of sex.\n> \n> > (2) The Registrar must give written notice to the supervising authority of a decision of the Registrar to—\n> > \n> > > (a) register a change of sex of a restricted person, or\n> > \n> > > (b) refuse to register a change of sex of a restricted person.\n> \n> > (3) The Registrar must give written notice to—\n> > \n> > > (a) the Commissioner of Corrective Services if the Registrar registers the change of sex of a person who is—\n> > > \n> > > > (i) a forensic patient, and\n> > > \n> > > > (ii) a person referred to in section 32GA(1), definition of restricted person, paragraph (a)(i)–(v), and\n> > \n> > > (b) the Commissioner of Police if the Registrar registers the change of sex of a person who is—\n> > > \n> > > > (i) a restricted person, and\n> > > \n> > > > (ii) a registrable person within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042).\n> \n> **s 32GD:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":95},{"sectionNumber":"32GE","sectionType":"section","heading":"Registrar may correct Register","content":"#### 32GE Registrar may correct Register\n\n32GE Registrar may correct Register\n\n> > (1) The Registrar may correct the Register under section 45 if a change of sex of a person has been registered in contravention of this division.\n> \n> > (2) This section does not limit the power of the Registrar under section 45 to correct the Register.\n> \n> **s 32GE:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":96},{"sectionNumber":"32GF","sectionType":"section","heading":"Regulations for purposes of division","content":"#### 32GF Regulations for purposes of division\n\n32GF Regulations for purposes of division\n\n> The regulations may provide for the following—\n> \n> > (a) the making of applications under this division,\n> \n> > (b) the giving of approvals and concurrences under this division,\n> \n> > (c) consultation requirements for supervising authorities,\n> \n> > (d) exemptions from the requirements of the provisions of this division,\n> \n> > (e) the modification of the application of the provisions of this division in specified circumstances.\n> \n> **s 32GF:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":97},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous\n\n**pt 5A, div 7:** Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":98},{"sectionNumber":"32H","sectionType":"section","heading":"Effect of alteration of record etc","content":"#### 32H Effect of alteration of record etc\n\n32H Effect of alteration of record etc\n\n> > (1) A person whose record of sex is altered under this part is, for the purposes of a law of this State, a person of the sex stated in the altered record.\n> \n> > (2) A person for whom a registration of an acknowledgement of sex is recorded under this part is, for the purposes of a law of this State, a person of the sex stated in the record.\n> \n> > (3) A person for whom a recognition certificate is in force is, for the purposes of a law of this State, a person of the sex stated in the recognition certificate.\n> \n> > (4) This section is subject to any other Act.\n> \n> Note—\n> \n> Nothing in this part changes access to toilets, change rooms, sport or allocation in correctional facilities, women’s refuges or any other place.\n> \n> **s 32H:** Ins 1996 No 22, Sch 2 (4). Rep 2008 No 53, Sch 1 \\[7\\]. Ins 2024 No 71, Sch 1\\[4\\].","sortOrder":99},{"sectionNumber":"32I","sectionType":"section","heading":"Other certificates","content":"#### 32I Other certificates\n\n32I Other certificates\n\n> > (1) This section applies if, under this part or because of a recognition certificate—\n> > \n> > > (a) a person’s sex or name, as recorded in the Register, is altered, or\n> > \n> > > (b) a registration of an acknowledgement of a person’s sex and name is recorded in the Register.\n> \n> > (2) The Registrar must, on application by a relevant person in the approved form, issue—\n> > \n> > > (a) for an alteration of a person’s sex referred to in subsection (1)(a)—a birth certificate certifying particulars by reference to the altered sex, or\n> > \n> > > (b) for a registration of an acknowledgment of a person’s sex and name referred to in subsection (1)(b)—a certificate certifying particulars in an entry in the Register in relation to the acknowledgment of the person’s sex and name.\n> \n> > (3) In this section—\n> > \n> > relevant person means—\n> > \n> > > (a) for a birth certificate in relation to a person who is 18 years of age or older—the person, or\n> > \n> > > (b) for a birth certificate in relation to a child who is under the age of 18 years—the person or persons who may apply under this part to alter the record of child’s sex or for the registration of an acknowledgement of the child’s sex.\n> \n> **s 32I:** Ins 1996 No 22, Sch 2 (4). Subst 2024 No 71, Sch 1\\[4\\].\n> \n> **s 32J:** Ins 2008 No 53, Sch 1 \\[8\\]. Rep 2024 No 71, Sch 1\\[4\\].","sortOrder":100},{"sectionNumber":"Part 6","sectionType":"part","heading":"Registration of marriages","content":"# Part 6 Registration of marriages\n\nPart 6 Registration of marriages","sortOrder":101},{"sectionNumber":"33","sectionType":"section","heading":"Cases in which registration of marriage is required","content":"#### 33 Cases in which registration of marriage is required\n\n33 Cases in which registration of marriage is required\n\n> If a marriage is solemnised in the State in accordance with law, the marriage must be registered under this Act.","sortOrder":102},{"sectionNumber":"34","sectionType":"section","heading":"How to have marriage registered","content":"#### 34 How to have marriage registered\n\n34 How to have marriage registered\n\n> A person has a marriage registered by lodging with the Registrar a certificate of the marriage under the [Marriage Act 1961](http://www.legislation.gov.au/) of the Commonwealth or, if the marriage was solemnised before the commencement of that Act, the evidence of the marriage required by the Registrar.1\n> \n> Note.\n> \n> 1Under section 50 (4) of the [Marriage Act 1961](http://www.legislation.gov.au/) of the Commonwealth the authorised celebrant (within the meaning of that Act) is responsible for lodging the certificate of marriage with the Registrar.","sortOrder":103},{"sectionNumber":"35","sectionType":"section","heading":"Registration of marriage","content":"#### 35 Registration of marriage\n\n35 Registration of marriage\n\n> A marriage may be registered by—\n> \n> > (a) including the marriage certificate as part of the Register, or\n> \n> > (b) including particulars of the marriage in the Register.","sortOrder":104},{"sectionNumber":"Part 7","sectionType":"part","heading":"Registration of deaths","content":"# Part 7 Registration of deaths\n\nPart 7 Registration of deaths","sortOrder":105},{"sectionNumber":"36","sectionType":"section","heading":"Deaths to be registered under this Act","content":"#### 36 Deaths to be registered under this Act\n\n36 Deaths to be registered under this Act\n\n> > (1) If a person dies in the State, the death must be registered under this Act.\n> \n> > (2) If a court1 orders the registration of a death, the death must be registered under this Act.\n> \n> > (3) If a person dies—\n> > \n> > > (a) in an aircraft during a flight to an airport in the State, or\n> > \n> > > (b) on a ship during a voyage to a port in the State,\n> > \n> > the death may be registered under this Act.\n> \n> > (4) If a person who is domiciled or ordinarily resident in the State dies outside the Commonwealth, or a person dies outside the Commonwealth leaving property in the State, the death may be registered under this Act.\n> \n> > (5) However, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law.\n> \n> > (6) If a child is stillborn, the child’s death2 is not to be registered under this Part.\n> \n> > (7) This section is subject to section 38.\n> \n> Notes.\n> \n> 1 The power to order registration of death may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 37).\n> \n> 2 ie the foetal death. A stillbirth is registered as a birth but not as a death.","sortOrder":107},{"sectionNumber":"37","sectionType":"section","heading":"Power to order registration of death","content":"#### 37 Power to order registration of death\n\n37 Power to order registration of death\n\n> If a court (including any court of another State or the Commonwealth) finds that a person whose death is not registered under this Act died in the State, the court may order registration of the death.","sortOrder":108},{"sectionNumber":"38","sectionType":"section","heading":"Circumstances in which death must not be registered","content":"#### 38 Circumstances in which death must not be registered\n\n38 Circumstances in which death must not be registered\n\n> > (1) The Registrar must not register the death of a person unless the Registrar has been given one of the following—\n> > \n> > > (a) a notice given by a registered medical practitioner under section 39 in relation to the death of the person,\n> > \n> > > (b) an order made by a coroner under section 101 of the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) that authorises the disposal of the remains of the deceased person,\n> > \n> > > (c) a notice given by a coroner under section 34 (1) or (2) of the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) for the purpose of effecting or completing registration of the death,\n> > \n> > > (d) a document issued, made or given in relation to the death under the law of another State or the Commonwealth or any other place, being a document which the Registrar is satisfied is equivalent to a notice or order referred to in paragraph (a), (b) or (c).\n> \n> > (2) Despite subsection (1), a death is to be registered if—\n> > \n> > > (a) a court orders the registration of the death, or\n> > \n> > > (b) the Registrar is of the opinion that, having regard to the circumstances of the case, it is proper that the death should be registered without any notice, order or document referred to in that subsection.\n> \n> **s 38:** Am 2009 No 41, Sch 3.2 \\[1\\] \\[2\\]; 2019 No 14, Sch 1.2\\[3\\].","sortOrder":109},{"sectionNumber":"39","sectionType":"section","heading":"Notification of deaths by registered medical practitioners","content":"#### 39 Notification of deaths by registered medical practitioners\n\n39 Notification of deaths by registered medical practitioners\n\n> > (1) A registered medical practitioner who was responsible for a person’s medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death—\n> > \n> > > (a) give the Registrar notice of the death and of the cause of death in a form and manner required by the Registrar, or\n> > \n> > > (b) if the registered medical practitioner is of the opinion that it is impracticable or undesirable to give notice of the cause of death of the person within that time, give the Registrar notice of the death, and of the registered medical practitioner’s intention to give notice of the cause of death, in a form and manner required by the Registrar.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) However, a registered medical practitioner need not give a notice under this section if—\n> > \n> > > (a) another registered medical practitioner has given the required notice, or\n> > \n> > > (b) the death has been reported to a coroner under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (3) A registered medical practitioner must not give a notice under this section if the registered medical practitioner is prevented from giving a certificate as to the cause of death of the person by section 38 of the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (4) If a death is reported to a coroner under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), the coroner must give the Registrar notice of the death as soon as practicable.\n> \n> **s 39:** Am 2009 No 41, Schs 3.2 \\[3\\]–\\[5\\], 4; 2019 No 14, Sch 1.2\\[2\\] \\[3\\].","sortOrder":111},{"sectionNumber":"40","sectionType":"section","heading":"Notification of cause of death by coroner","content":"#### 40 Notification of cause of death by coroner\n\n40 Notification of cause of death by coroner\n\n> > (1) If a coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the coroner must give a copy of the disposal authorisation or the finding to the Registrar.\n> \n> > (2) The Registrar may register a death even though the death is subject to coronial inquest and a finding has not been made about the cause of death.\n> \n> > (3) A death certificate issued before a coronial inquest into the cause of death is completed must be endorsed in such manner as the Registrar considers appropriate to indicate that fact.\n> \n> > (4) This section is subject to section 38.","sortOrder":112},{"sectionNumber":"41","sectionType":"section","heading":"Notification by funeral director and others","content":"#### 41 Notification by funeral director and others\n\n41 Notification by funeral director and others\n\n> > (1) A funeral director or other person who arranges for the disposal of human remains must within 7 days after disposal of the remains give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar—\n> > \n> > > (a) the name and last residential address of the deceased,\n> > \n> > > (b) whether or not the death was reported to a coroner,\n> > \n> > > (c) the place and manner of disposal,\n> > \n> > > (d) the information required by the regulations.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) If human remains (other than cremated remains) are removed from the State, the funeral director or other person who arranges for the removal of the remains from the State must, within 28 days after the remains are disposed of outside the State, give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar—\n> > \n> > > (a) the place and manner of disposal,\n> > \n> > > (b) the information required by the regulations.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (3) If human remains have not been disposed of within 30 days after the date of death, the funeral director or other person who has custody of the remains must give the Registrar a notice, in a form and manner required by the Registrar, specifying the following particulars together with such supporting documentation as may be required by the Registrar—\n> > \n> > > (a) the name and last residential address of the deceased,\n> > \n> > > (b) whether or not the death was reported to a coroner,\n> > \n> > > (c) the information required by the regulations.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (4) This section applies in relation to the disposal of any human remains, including the remains of a stillborn child.","sortOrder":113},{"sectionNumber":"42","sectionType":"section","heading":"Registration","content":"#### 42 Registration\n\n42 Registration\n\n> > (1) The Registrar registers a death by making an entry about the death in the Register including the particulars required by the regulations.\n> \n> > (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars.\n> \n> > (3) If the Registrar receives a cause of death certificate referred to in the [Voluntary Assisted Dying Act 2022](/view/html/inforce/current/act-2022-017), section 87(6), the Registrar must register the death in the Register by making an entry about the death that records—\n> > \n> > > (a) the cause of death as the disease, illness or medical condition with which the person had been diagnosed that made the person eligible to access voluntary assisted dying, and\n> > \n> > > (b) the person was the subject of a voluntary assisted dying authority under the [Voluntary Assisted Dying Act 2022](/view/html/inforce/current/act-2022-017) and voluntary assisted dying was the manner of death.\n> \n> **s 42:** Am 2022 No 17, Sch 1A.1\\[1\\].","sortOrder":115},{"sectionNumber":"Part 8","sectionType":"part","heading":"The Register","content":"# Part 8 The Register\n\nPart 8 The Register","sortOrder":116},{"sectionNumber":"43","sectionType":"section","heading":"The Register","content":"#### 43 The Register\n\n43 The Register\n\n> > (1) The Registrar must maintain a register or registers of registrable events.\n> \n> > (2) The Register—\n> > \n> > > (a) must contain the particulars of each registrable event required under this Act, or another law, to be included in the Register, and\n> > \n> > > (b) may contain such further information as the Registrar considers appropriate for inclusion.\n> \n> > (3) The Register may be wholly or partly in the form of a computer data base, in documentary form, or in another form the Registrar considers appropriate.\n> \n> > (4) The Registrar must maintain the indexes to the Register that are necessary to make the information contained in the Register reasonably accessible.\n> \n> > (5) A reference in this Act to the Register is a reference to all the registers kept under subsection (1).\n> \n> > (6) The Register may be referred to as the Births, Deaths and Marriages Register and a reference in any Act or any instrument made under any Act to the Births, Deaths and Marriages Register is taken to be a reference to the Register.","sortOrder":118},{"sectionNumber":"44","sectionType":"section","heading":"Registrar’s powers of inquiry","content":"#### 44 Registrar’s powers of inquiry\n\n44 Registrar’s powers of inquiry\n\n> > (1) The Registrar may conduct an inquiry to find out—\n> > \n> > > (a) whether a registrable event has happened, or\n> > \n> > > (b) particulars of a registrable event, or\n> > \n> > > (c) whether particulars of a specific registrable event have been correctly recorded in the Register.\n> \n> > (2) The Registrar may, by notice given to a person who may be able to provide information relevant to an inquiry under this section, require the person to answer specified questions or to provide other information within a time and manner specified in the notice.\n> \n> > (3) A person who fails, without reasonable excuse, to comply with a notice under subsection (2) is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":120},{"sectionNumber":"45","sectionType":"section","heading":"Correction of Register","content":"#### 45 Correction of Register\n\n45 Correction of Register\n\n> > (1) The Registrar may correct the Register—\n> > \n> > > (a) to reflect a finding made on inquiry under Division 2, or\n> > \n> > > (b) to bring an entry about a particular registrable event into conformity with the most reliable information available to the Registrar of the registrable event.\n> \n> > (2) The Registrar must, if required by a court, correct the Register.\n> \n> > (3) The Registrar corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry.","sortOrder":122},{"sectionNumber":"46","sectionType":"section","heading":"General access to Register","content":"#### 46 General access to Register\n\n46 General access to Register\n\n> > (1) The Registrar may, on conditions the Registrar considers appropriate—\n> > \n> > > (a) allow a person or organisation that has an adequate reason for wanting access to the Register, access to the Register, or\n> > \n> > > (b) provide a person or organisation that has an adequate reason for wanting information from the Register, with information extracted from the Register.\n> \n> > (2) In deciding whether an applicant has an adequate reason for wanting access to the Register, or information extracted from the Register, the Registrar must have regard to—\n> > \n> > > (a) the nature of the applicant’s interest, and\n> > \n> > > (b) the sensitivity of the information, and\n> > \n> > > (c) the use to be made of the information, and\n> > \n> > > (d) other relevant factors.\n> \n> > (3) In deciding the conditions on which access to the Register, or information extracted from the Register, is to be given under this section, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.","sortOrder":124},{"sectionNumber":"46A","sectionType":"section","heading":"Access to change of name applications and information by law enforcement agencies","content":"#### 46A Access to change of name applications and information by law enforcement agencies\n\n46A Access to change of name applications and information by law enforcement agencies\n\n> > (1) The Registrar may allow access by officers of a law enforcement agency to applications for registration of a change of a person’s name, and to entries in the Register regarding changes of names, but only in accordance with a memorandum of understanding entered into by the Registrar with the head of the agency.\n> \n> > (2) The Registrar must not enter into a memorandum of understanding unless satisfied that the terms of the memorandum, as far as practicable, protect the persons to whom the applications or entries in the Register relate from unjustified intrusion on their privacy.\n> \n> > (3) A memorandum of understanding entered into for the purposes of this section may be amended, revoked or replaced from time to time.\n> \n> > (4) The functions of the Registrar and of each law enforcement agency must as far as practicable be exercised in conformity with a memorandum of understanding entered into by them under this section. However, a failure to comply with this subsection does not itself invalidate anything done or omitted to be done by the Registrar or the law enforcement agency.\n> \n> > (5) In this section, law enforcement agency means—\n> > \n> > > (a) the NSW Police Force, or\n> > \n> > > (b) the New South Wales Crime Commission, or\n> > \n> > > (c) the police force of another State or the Commonwealth, or\n> > \n> > > (d) any other law enforcement or investigative agency of the government of New South Wales or the government of another State or the Commonwealth prescribed by the regulations.\n> \n> **s 46A:** Ins 2009 No 59, Sch 1 \\[5\\]. Am 2013 No 1, Sch 1.2 \\[4\\] \\[5\\].","sortOrder":125},{"sectionNumber":"47","sectionType":"section","heading":"Search of Register","content":"#### 47 Search of Register\n\n47 Search of Register\n\n> > (1) The Registrar may, on application, search the Register for an entry about a particular registrable event.\n> \n> > (2) The applicant must state the reason for the applicant’s interest in the subject-matter of the search.\n> \n> > (3) The Registrar may reject the application if the applicant does not show an adequate reason for wanting the information to which the application relates.\n> \n> > (4) In deciding whether an applicant has an adequate reason for wanting information, the Registrar must have regard to—\n> > \n> > > (a) the relationship (if any) between the applicant and the person to whom the information relates, and\n> > \n> > > (b) the age of the entry, and\n> > \n> > > (c) the contents of the entry, and\n> > \n> > > (d) other relevant factors.","sortOrder":126},{"sectionNumber":"48","sectionType":"section","heading":"Protection of privacy","content":"#### 48 Protection of privacy\n\n48 Protection of privacy\n\n> In providing information extracted from the Register, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.","sortOrder":127},{"sectionNumber":"49","sectionType":"section","heading":"Issue of certificate","content":"#### 49 Issue of certificate\n\n49 Issue of certificate\n\n> > (1) On completing a search of the Register, the Registrar may issue a certificate—\n> > \n> > > (a) certifying some or all of the particulars contained in an entry, or\n> > \n> > > (b) certifying that no entry was located in the Register about the relevant registrable event.\n> > \n> > Note.\n> > \n> > See section 25A(3) in relation to the requirement for the Registrar to issue more than 1 certificate for adopted persons.\n> \n> > (2) A certificate under subsection (1) (a) is admissible in legal proceedings as evidence of—\n> > \n> > > (a) the entry to which the certificate relates, and\n> > \n> > > (b) the facts recorded in the entry.\n> \n> > (3) If the word “illegitimate”, or any other word or expression referring to the fact that a child was born outside marriage, appears in an entry in the Register, that word or expression is not to be included in any certificate issued by the Registrar.\n> \n> > (3A) If an entry in the register records information referred to in section 42(3)(b), that information is not to be included in a certificate issued by the Registrar.\n> \n> > (4) If requested to do so by an applicant, and authorised to do so under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), the Registrar must issue a single certificate (an adopted person’s birth record) certifying particulars contained in an entry relating to the birth of a person and particulars relating to a record sent to the Registrar under Chapter 7 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) (or a memorandum under the former Acts) and registered under this Act.\n> \n> > (5) If requested to do so by an applicant, and authorised to do so under the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102), the Registrar must issue the applicant with a full birth record, being a single certificate that certifies particulars relating to the birth of a person registered under section 17 and particulars of a parentage order or discharge of a parentage order relating to the person registered by the Registrar under Part 4A.\n> \n> > (6) A certificate issued under this section for a person whose record of sex was altered under Part 5A—\n> > \n> > > (a) must include the record of the person’s sex as altered without indicating the record was altered, and\n> > \n> > > (b) if the person has also registered a change of name under Part 5—\n> > > \n> > > > (i) may indicate the person’s name has changed, but\n> > > \n> > > > (ii) must not include the person’s name before it was changed, unless the Registrar is requested to do so by the person.\n> \n> **s 49:** Am 2000 No 75, Sch 2.1 \\[5\\]; 2008 No 62, Sch 1.4 \\[3\\]; 2008 No 107, Sch 3 \\[5\\] \\[6\\]; 2010 No 102, Sch 2.2 \\[3\\]; 2013 No 79, Sch 2 \\[5\\]; 2020 No 22, Sch 2\\[2\\]; 2022 No 17, Sch 1A.1\\[2\\] (SLR 2023 No 7, Sch 2.50); 2025 No 62, Sch 3\\[4\\] \\[5\\].","sortOrder":128},{"sectionNumber":"50","sectionType":"section","heading":"Issue of certificate relating to children of deceased person","content":"#### 50 Issue of certificate relating to children of deceased person\n\n50 Issue of certificate relating to children of deceased person\n\n> > (1) The executor, administrator or trustee of the estate of a deceased person may apply to the Registrar for a certificate certifying whether or not the deceased person is recorded in the Register as being a parent of any children, and if so, the names of the children and such other particulars relating to the children as may be prescribed by the regulations.\n> \n> > (2) On receipt of the application, together with any fee required by the regulations, the Registrar is to cause a search of the Register to be made and, on completion of that search, issue the certificate applied for.","sortOrder":129},{"sectionNumber":"51","sectionType":"section","heading":"Issue of certificate to enable disposal of human remains","content":"#### 51 Issue of certificate to enable disposal of human remains\n\n51 Issue of certificate to enable disposal of human remains\n\n> If the death of a person has been registered before the remains of the person have been disposed of, the Registrar may, on application of a person who satisfies the Registrar that the person requires a certificate to enable the remains to be disposed of in accordance with the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), issue a certificate certifying that the death of the person has been recorded on the Register.\n> \n> **s 51:** Am 2009 No 41, Sch 4.","sortOrder":130},{"sectionNumber":"51A","sectionType":"section","heading":"Issue of old birth certificates","content":"#### 51A Issue of old birth certificates\n\n51A Issue of old birth certificates\n\n> > (1) If a record of sex was altered under Part 5A in relation to a person, the Registrar may, on application by the following persons, issue a certificate that shows the person’s sex before the record was altered—\n> > \n> > > (a) the person whose record of sex was altered,\n> > \n> > > (b) a person prescribed by the regulations, but only if the Registrar believes the person has an adequate reason for wanting the certificate.\n> \n> > (2) The Registrar must not issue a person’s certificate under subsection (1)(b) unless the Registrar has taken steps to consult with the person to whom the certificate relates where reasonably practicable.\n> \n> > (3) Subsection (2) does not apply if—\n> > \n> > > (a) the person to whom the certificate relates has died or lost capacity, or\n> > \n> > > (b) the application was made by a law enforcement agency, within the meaning of section 46A.\n> \n> > (4) In deciding whether the person has an adequate reason for wanting the certificate, the Registrar must have regard to—\n> > \n> > > (a) the nature of the person’s interest, and\n> > \n> > > (b) the sensitivity of the information, and\n> > \n> > > (c) the use to be made of the information, and\n> > \n> > > (d) other relevant factors.\n> \n> **s 51A:** Ins 2025 No 62, Sch 3\\[6\\].","sortOrder":131},{"sectionNumber":"52","sectionType":"section","heading":"Access to information to be given in accordance with Adoption Act 2000 and Surrogacy Act 2010","content":"#### 52 Access to information to be given in accordance with Adoption Act 2000 and Surrogacy Act 2010\n\n52 Access to information to be given in accordance with [Adoption Act 2000](/view/html/inforce/current/act-2000-075) and [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102)\n\n> This Act is subject to the [Adoption Act 2000](/view/html/inforce/current/act-2000-075)1 and the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102)2 and, to the extent of any inconsistency with this Act, those Acts prevail.\n> \n> Note.\n> \n> 1 The [Adoption Act 2000](/view/html/inforce/current/act-2000-075) sets out entitlements to and restrictions on access to adoption information held by the Registrar and other information sources. For instance, that Act sets out the circumstances in which the Registrar is entitled to give an adopted person access to his or her original birth certificate.\n> \n> 2 The [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) sets out entitlements to access birth records held by the Registrar that relate to surrogacy arrangements.\n> \n> **s 52:** Am 2000 No 75, Sch 2.1 \\[6\\] \\[7\\]. Subst 2010 No 102, Sch 2.2 \\[4\\].","sortOrder":132},{"sectionNumber":"53","sectionType":"section","heading":"Access policies","content":"#### 53 Access policies\n\n53 Access policies\n\n> > (1) The Registrar must maintain a written statement of the policies on which access to information contained in the Register is to be given or denied under this Division.\n> \n> > (2) The Registrar must give a copy of the statement, on request, to any person.","sortOrder":133},{"sectionNumber":"54","sectionType":"section","heading":"Fees","content":"#### 54 Fees\n\n54 Fees\n\n> > (1) The regulations may prescribe fees, or a basis for calculating fees, for—\n> > \n> > > (a) access to the Register, or\n> > \n> > > (b) a search of the Register, or\n> > \n> > > (c) the issue of a certificate following a search of the Register, or\n> > \n> > > (d) other services provided by the Registrar.\n> \n> > (2) The regulations may allow for fees to be fixed by negotiation between the Registrar and the person who asks for the relevant services.","sortOrder":134},{"sectionNumber":"55","sectionType":"section","heading":"Power to remit fees","content":"#### 55 Power to remit fees\n\n55 Power to remit fees\n\n> The Registrar may, in appropriate cases, remit the whole or part of a fee under this Act.","sortOrder":135},{"sectionNumber":"55A","sectionType":"section","heading":"Registrar may collect and maintain other information","content":"#### 55A Registrar may collect and maintain other information\n\n55A Registrar may collect and maintain other information\n\n> > (1) The Registrar may collect and maintain records of information, other than registrable information, relating to registrable events.\n> \n> > (2) Records maintained under this section must be kept separately from the Register.\n> \n> > (3) The Registrar may include information in the records maintained under this section at the request of a person interested in the registrable event to which the information relates or on the Registrar’s own initiative.\n> \n> > (4) Sections 46 (3) and 48 apply to any records maintained under this section as if they were part of the Register.\n> \n> **pt 8, div 5 (ss 55A, 55B):** Ins 2007 No 5, Sch 1 \\[5\\].","sortOrder":137},{"sectionNumber":"55B","sectionType":"section","heading":"Additional information services in relation to information in Register and other information","content":"#### 55B Additional information services in relation to information in Register and other information\n\n55B Additional information services in relation to information in Register and other information\n\n> > (1) In this section, additional information services means services relating to the information in the Register or any other information collected and maintained under section 55A that are additional to the services otherwise provided by the Registrar under this Act, including the following—\n> > \n> > > (a) the provision of information relating to a registrable event in the form of a decorative certificate or other document,\n> > \n> > > (b) the provision of historical and genealogical information.\n> \n> > (2) The Registrar may enter into an arrangement for the provision of additional information services.\n> \n> > (3) The charge for providing an additional information service is—\n> > \n> > > (a) except as provided by paragraph (b), the amount determined by the Registrar, or\n> > \n> > > (b) if the regulations under section 54 so provide, the amount fixed by, or determined in accordance with, the regulations.\n> > \n> > The charge is not required to bear any relation to the cost of providing the service.\n> \n> > (4) In providing additional information services, the Registrar must, as far as practicable, protect the persons to whom the information concerned relates from unjustified intrusion on their privacy.\n> \n> **pt 8, div 5 (ss 55A, 55B):** Ins 2007 No 5, Sch 1 \\[5\\].","sortOrder":138},{"sectionNumber":"Part 9","sectionType":"part","heading":"General power of review","content":"# Part 9 General power of review\n\nPart 9 General power of review","sortOrder":139},{"sectionNumber":"56","sectionType":"section","heading":"Administrative review by the Civil and Administrative Tribunal","content":"#### 56 Administrative review by the Civil and Administrative Tribunal\n\n56 Administrative review by the Civil and Administrative Tribunal\n\n> > (1) A person who is dissatisfied with a decision of the Registrar made in the exercise or purported exercise of functions under this Act may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision.\n> \n> > (2) This section does not give a right of administrative review of a decision of the Registrar to refuse to register a change of name that was made only because the Commissioner of Corrective Services or the Commissioner of Police refused to give approval under section 31F.\n> \n> **s 56:** Subst 1997 No 77, Sch 5.4. Am 2012 No 14, Sch 1 \\[4\\]; 2013 No 95, Sch 2.13 \\[4\\] \\[5\\].","sortOrder":140},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"# Part 10 Miscellaneous\n\nPart 10 Miscellaneous","sortOrder":141},{"sectionNumber":"57","sectionType":"section","heading":"False representation","content":"#### 57 False representation\n\n57 False representation\n\n> A person who makes a representation in an application, notice or document under this Act or in response to a notice under section 44 of this Act (Registrar’s powers of inquiry), knowing the representation to be false or misleading in a material particular, is guilty of an offence.\n> \n> Maximum penalty—100 penalty units or 2 years imprisonment, or both.","sortOrder":142},{"sectionNumber":"58","sectionType":"section","heading":"Unauthorised access to or interference with Register","content":"#### 58 Unauthorised access to or interference with Register\n\n58 Unauthorised access to or interference with Register\n\n> A person must not, without the authority of the Registrar or other lawful authority—\n> \n> > (a) obtain access to the Register or information contained in the Register, or\n> \n> > (b) make, alter or delete an entry in the Register, or\n> \n> > (c) interfere with the Register in any other way.\n> \n> Maximum penalty—100 penalty units or 2 years imprisonment, or both.","sortOrder":143},{"sectionNumber":"59","sectionType":"section","heading":"Falsification of certificates and other documents","content":"#### 59 Falsification of certificates and other documents\n\n59 Falsification of certificates and other documents\n\n> > (1) A person must not forge the Registrar’s signature or seal.\n> > \n> > Maximum penalty—100 penalty units or 2 years imprisonment, or both.\n> \n> > (2) A person must not forge or falsify a certificate or other document under this Act.\n> > \n> > Maximum penalty—100 penalty units or 2 years imprisonment, or both.\n> \n> > (3) The Registrar may impound or require the return of—\n> > \n> > > (a) a document which the Registrar has reason to believe bears a forged impression of the Registrar’s signature or seal, or\n> > \n> > > (b) a certificate or other document purporting to be a certificate or other document under this Act which the Registrar has reason to believe has been forged or falsified, or\n> > \n> > > (c) a certificate under this Act about a registrable event if the entry in the Register about the event has been cancelled or corrected since the issue of the certificate, or\n> > \n> > > (d) a certificate or document issued by the Registrar in error or as a result of fraud.\n> \n> > (4) A person who fails, without reasonable excuse, to comply with a requirement under subsection (3) to return a document or certificate is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":144},{"sectionNumber":"60","sectionType":"section","heading":"Unauthorised disclosure of information","content":"#### 60 Unauthorised disclosure of information\n\n60 Unauthorised disclosure of information\n\n> A person must not disclose any information obtained in connection with the administration or execution of this Act, except—\n> \n> > (a) in connection with the administration or execution of this Act, or\n> \n> > (b) as authorised or required by law.\n> \n> Maximum penalty—50 penalty units or 1 year imprisonment, or both.","sortOrder":145},{"sectionNumber":"61","sectionType":"section","heading":"Immunity from liability","content":"#### 61 Immunity from liability\n\n61 Immunity from liability\n\n> Any matter or thing done or omitted by the Registrar does not subject the Registrar personally to any action, liability, claim or demand, if the matter or thing was done or omitted in good faith for the purposes of executing this or any other Act.","sortOrder":146},{"sectionNumber":"62","sectionType":"section","heading":"Regulations","content":"#### 62 Regulations\n\n62 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units.","sortOrder":147},{"sectionNumber":"63","sectionType":"section","heading":"Proceedings for offences","content":"#### 63 Proceedings for offences\n\n63 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations are to be dealt with summarily by the Local Court.\n> \n> **s 63:** Am 2001 No 121, Sch 2.24; 2007 No 94, Sch 2.","sortOrder":148},{"sectionNumber":"64","sectionType":"section","heading":"Repeal of Registration of Births, Deaths and Marriages Act 1973 No 87","content":"#### 64 Repeal of Registration of Births, Deaths and Marriages Act 1973 No 87\n\n64 Repeal of [Registration of Births, Deaths and Marriages Act 1973 No 87](/view/pdf/asmade/act-1973-87)\n\n> The [Registration of Births, Deaths and Marriages Act 1973](/view/pdf/asmade/act-1973-87) is repealed.","sortOrder":149},{"sectionNumber":"65","sectionType":"section","heading":null,"content":"#### 65\n\n65, 66 (Repealed)","sortOrder":150},{"sectionNumber":"67","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 67 Savings, transitional and other provisions\n\n67 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":152},{"sectionNumber":"68","sectionType":"section","heading":"Review of Act","content":"#### 68 Review of Act\n\n68 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":153},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1, 2 (Repealed)\n\n**sch 1:** Rep 1999 No 85, Sch 4.\n\n**sch 2:** Rep 1999 No 85, Sch 4.","sortOrder":154},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 67)\n\n**sch 3:** Am 2007 No 5, Sch 1 \\[6\\]–\\[8\\]; 2008 No 23, Sch 3.5 \\[4\\] \\[5\\]; 2008 No 107, Sch 3 \\[7\\]; 2009 No 59, Sch 1 \\[6\\] \\[7\\]; 2010 No 19, Sch 2.1 \\[5\\]; 2010 No 102, Sch 2.2 \\[5\\]; 2012 No 14, Sch 1 \\[5\\] \\[6\\]; 2012 No 42, Sch 1.4 \\[9\\]; 2013 No 1, Sch 1.2 \\[6\\] \\[7\\].","sortOrder":155}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused on core registration of births, deaths and marriages with basic provisions for name changes. Its scope has expanded substantially through amendments to encompass detailed adoption and surrogacy recording (Parts 4 and 4A), donor conception notations (s 22A), comprehensive name-change restrictions for serious offenders and restricted persons (Division 3 of Part 5, inserted 2012), and a rewritten Part 5A on acknowledgement of sex (substituted 2024) that now includes non-binary descriptors, child applications with counselling requirements, and recognition certificates from other jurisdictions."},"complexity_factors":["Extensive definitional section (s 4) with 20+ defined terms including 'prohibited name', 'stillborn child', 'restricted person' and 'sex descriptor'","Multiple interlocking Parts and Divisions (e.g. Part 3 on births has 6 Divisions, Part 5 on name changes has 4 Divisions with offender-specific restrictions added in 2012)","Frequent cross-references to other Acts including the Adoption Act 2000, Surrogacy Act 2010, Relationships Register Act 2010, Crimes (Administration of Sentences) Act 1999 and Voluntary Assisted Dying Act 2022","Layered conditional rules and exceptions (e.g. s 18 on registering parentage details lists 7 alternative pathways; Part 5A on acknowledgement of sex distinguishes applications for adults, children, NSW-born and non-NSW-born)","Nested restrictions for 'restricted persons' (ss 31B–31L and new ss 32GA–32GF) requiring approvals from supervising authorities, Commissioners and Tribunals"],"plain_english_summary":"**The Births, Deaths and Marriages Registration Act 1995** creates an official system for recording key life events in New South Wales. It requires hospitals, doctors, parents and others to notify the Registrar about births (including stillbirths), deaths, marriages, adoptions, name changes and updates to a person's recorded sex. The Act sets up a permanent **Register** that holds these details, lets authorised people access them, and allows the Registrar to issue official certificates (like birth certificates).\n\nIt affects new parents, grieving families, couples getting married, people wanting to change their name or update their sex record, and government agencies. The law explains strict rules for who must report what and when (for example, births within 7 days, deaths within 48 hours), how to register events, and protections against fake or offensive names/sex descriptors. Special rules apply to children, adopted people, those conceived via donors, surrogacy arrangements, and people in the justice system (like prisoners or those on supervision orders) who face extra checks before changing names or sex records.\n\nIt matters because it creates a reliable, lifelong record for identity, inheritance, passports and statistics while balancing privacy, child welfare and public safety."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented has expanded in scope from the core 1995 registration framework. The text shows later insertions and new Parts adding detailed regimes: change‑of‑name restrictions and approvals for restricted persons (Part 5, ss 31B–31F), a statutory scheme for altering or acknowledging sex and recognition certificates (Part 5A, ss 32A–32I), registration of parentage and surrogacy parentage orders (Part 4A, ss 25B–25E), donor‑conception notation (s 22A), and explicit information‑sharing/identity‑fraud functions for the Registrar (s 6(a1), ss 31I, 46A). These additions extend administrative duties, create new approval gates (supervising authorities, police, corrective services) and introduce additional documentary and counselling requirements (e.g. ss 32B–32C, 29A). The expansion increases interaction with other agencies and delegated instruments (regulations and memoranda) and therefore broadens implementation responsibilities and compliance burdens relative to the original registration‑only focus."},"complexity_factors":["Multiple subject areas bundled: births, deaths, marriages, adoptions, name changes and sex records across separate Parts","Numerous procedural paths with different documentary and evidentiary requirements (adults v minors; NSW‑born v non‑NSW‑born; restricted persons; adopted or surrogacy‑related cases) (e.g. Parts 3, 4, 4A, 5, 5A)","Extensive cross‑references to other Acts and courts (Adoption Act, Surrogacy Act, Coroners Act, Crimes/Corrections Acts, Family Law Act) creating interdependencies","Significant administrative discretion vested in the Registrar (accepting incomplete particulars, setting conditions for access, fee setting) (ss 17, 30, 46, 54)","Multiple safeguards and exceptions (supervising authority approvals, security‑sensitive information rules, tribunal/court review routes) that create branching decision logic (ss 31D–31F, 31L, 56)","Detailed sanctions and information‑security provisions for misuse, falsification and unauthorised access (ss 57–60) increasing compliance risk","Regulations and memoranda of understanding are used to fill in procedural detail, expanding delegated rule‑making and operational complexity (ss 62, 46A, 31H, 32GF)"],"plain_english_summary":"What this law does, in practice\n\n- The Act sets up and runs New South Wales’ official registers for births, deaths, marriages and related events (adoptions, changes of name and recorded changes/acknowledgements of sex). The Registrar keeps the Register, issues certificates, and decides who can access register information (ss 43, 6, 49, 46). The Registrar is subject to the Minister’s control (s 5).\n\n- It prescribes who must notify and when. Hospitals, responsible clinicians, funeral directors and parents have timed notification duties for births, stillbirths and deaths, with monetary penalties for non‑compliance (ss 12, 39, 41, 16). Parents are jointly responsible for registering births (s 15).\n\n- It creates procedures and documentary requirements for registering and changing records: how to register births, deaths and marriages (ss 13, 17, 33–35, 42), how to register adoptions and parentage orders (Parts 4 and 4A: ss 23–25A, 25B–25E), how to change names (Part 5: ss 26–32), and how to alter or acknowledge a recorded sex (Part 5A: ss 32A–32I). The Act specifies forms, statutory declarations and supporting statements required in many cases (e.g. ss 14, 20, 32B–32C, 32DA).\n\n- It defines limits and special procedures for people in custodial or supervised situations (\"restricted persons\") and for former serious offenders: supervising authorities and, in some cases, police or corrective services must approve or concur before changes of name or sex are registered (ss 31B–31F, 31C–31E; ss 32GA–32GD). There are criminal penalties for false information, unauthorised access or falsifying documents (ss 57–59, 58, 60).\n\n- The Registrar has investigative powers and correction powers (may require information, correct entries, register on incomplete particulars) and must maintain indexes to make the Register accessible (ss 44, 45, 17, 43(4)). The Registrar may delegate functions and engage staff or contractors (ss 8, 7).\n\nWhat the Act says it is for (official rationale)\n\n- The Act’s stated objects are to provide for registration of births, deaths and marriages; registration of adoptions and changes of name; recording changes of sex; preserving registers in perpetuity; regulated access to register information; issuing certified information; and collecting/statistics (s 3). These are the formal policy goals the Act records.\n\nTesting the official rationale against mechanics, incentives and trade‑offs\n\n- Who pays and direct costs: applicants and users can be charged fees for searches, certificates and services (s 54). The Registrar may remit fees in appropriate cases (s 55) and may offer additional paid services where charges need not reflect cost (s 55B(3)). Private professionals (registered medical practitioners, funeral directors) and hospitals carry compliance obligations to notify events within specified timeframes and supply documents (ss 12, 39, 41). Penalties attach for failures to notify or for false representations (ss 12, 16, 57).\n\n- Decision‑makers and discretion: the Registrar exercises broad discretion over accepting applications, requiring evidence and setting access conditions (ss 30, 46). Courts (District Court) can order registrations and hear specified disputes (ss 19, 32F, 32D). Supervising authorities, the Commissioner of Corrective Services and the Commissioner of Police have statutory decision roles in registering changes for restricted persons or former serious offenders (ss 31D, 31F; ss 32GC, 32GD). The Registrar also decides on access requests and must balance applicants’ reasons against privacy (ss 46(1)–(3), 48).\n\n- Compliance burden and evidentiary requirements: many applications require statutory declarations, support statements, counselling statements (for minors seeking change/acknowledgement of sex) and documentary proof of identity and residence (e.g. ss 20, 32B–32C, 32DA, 27–28). Name‑change applications must disclose convictions for relevant offences on the approved form (s 29A), creating an information disclosure burden for applicants.\n\n- Implementation and information‑security trade‑offs: the Registrar has an explicit function to maintain Register integrity and to seek to prevent identity fraud (s 6(a1)). The Act permits sharing with law enforcement under memoranda of understanding and requires the Registrar to protect privacy where practicable (s 46A; ss 46, 48). Special secrecy protections apply where reasons for refusal by corrective services or police involve \"security sensitive information\" (s 31L), which limits transparency in review in specific circumstances.\n\n- Effects on private enterprise and independent actors: the Act creates limited commercial opportunities (the Registrar may provide additional services and enter arrangements; s 55B), and it imposes obligations on private professionals (medical practitioners, funeral directors) to report (ss 39, 41). It does not regulate prices or competitive market entry for unrelated private businesses. Some administrative interactions with other agencies are envisaged (reciprocal arrangements with other States’ registering authorities; s 11).\n\nConcrete trade‑offs, capture and substitution risks to note (mechanisms, not judgements)\n\n- Concentrated compliance costs fall on identifiable groups: hospitals, registered medical practitioners, funeral directors, applicants for name/sex changes (ss 12, 39, 41, 27–32C). Fees are borne by users (s 54). Benefits (certificates, legal recognition) are concentrated on those who register or obtain certified copies.\n\n- Bureaucratic discretion is wide: the Registrar may refuse or condition access; require evidence; accept or correct incomplete entries; and set fees (ss 30, 46, 17, 45, 54). That creates implementation risk because many outcomes depend on administrative judgment.\n\n- Information sharing and privacy: the Act balances access for legitimate public and private uses against privacy protections (ss 46–48, 46A). Memoranda of understanding and information‑sharing obligations with corrective services create routes for inter‑agency data flows (ss 31I, 46A), which change who can see register data and under what procedures.\n\nKey behavioural effects the law creates\n\n- Individuals and institutions must report births, stillbirths, deaths and disposals within set windows and formats (ss 12, 39, 41, 16). Parents must generally sign birth registration statements (s 15). Applicants seeking name or sex changes must provide prescribed declarations, support and counselling statements in many cases (ss 32B–32C, 32DA, 29A).\n\n- Registrations change legal status for state law purposes: an alteration or acknowledgement of sex recorded under this Part makes the person that sex for the purposes of NSW law (s 32H), subject to other Acts.\n\nRepresentative sections for practical tasks\n\n- To register a birth: give the birth registration statement to the Registrar in the approved form (ss 14, 12–17).\n- To change a registered sex (adult born in NSW): apply in approved form with a statutory declaration and support statement (s 32B) and the Registrar will alter the Register if requirements are met (s 32E).\n- To change a name: apply in approved form, meet identity and other evidentiary tests, and the Registrar may refuse if the result would be a prohibited name (ss 27–31).\n\nSource references: quoted section numbers above refer to provisions in the Act as supplied (for example, objects s 3; Registrar functions s 6; notification duties ss 12, 39; access and certificates ss 46, 49; change of name Part 5; change/acknowledgement of sex Part 5A; restricted person rules ss 31B–31F and ss 32GA–32GD)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original 1995 scope focused on straightforward administrative registration of vital life events. Over three decades of amendments it has expanded considerably to include: the ability to change registered sex markers (including non-binary options); enhanced rights for adoptees and donor-conceived people to access identity information; stronger privacy and data protection frameworks; and modernised digital registry processes. What began as a largely bureaucratic record-keeping statute now engages significant human rights, identity, and privacy considerations."},"complexity_factors":["Extensive amendment history — over 35 versions since 1999 — means the law has evolved significantly and tracking current obligations requires care","Multiple interacting regimes covering different life events (births, deaths, marriages, adoptions, donor conception) each with their own rules","Sensitive and nuanced provisions around sex/gender marker changes on birth certificates, balancing identity rights with legal certainty","Complex access and privacy rules — different people have different rights to access different records under different circumstances","Interaction with Commonwealth law (e.g. Marriage Act, passports, Medicare) and other NSW laws (Adoption Act, Status of Children Act)","Dual ministerial responsibility (Attorney General and Minister for Customer Service) can create administrative complexity","Only the metadata/status information was provided — no actual legislative text — limiting certainty of analysis"],"plain_english_summary":"## Births, Deaths and Marriages Registration Act 1995 (NSW)\n\n**What is this?**\nThis is a NSW law that governs how births, deaths, and marriages are officially recorded by the government. Think of it as the rulebook for the registry office — it determines how life's major legal milestones get documented and certified.\n\n**Who does it affect?**\nPractically every NSW resident at some point in their life. If you were born in NSW, get married in NSW, or die in NSW (or have a family member who does), this law governs how those events are officially recorded. It also affects:\n- Parents registering a newborn\n- Couples getting married\n- People registering a death\n- Anyone seeking birth, death, or marriage certificates\n- Transgender and intersex people seeking to alter recorded gender/sex information\n- Adoptees and donor-conceived people seeking identity information\n\n**Why does it matter?**\nOfficial registration underpins almost every other legal interaction you'll have — passports, Medicare, voting enrolment, inheritance, and more all rely on these records. Without a registered birth, for example, a person effectively doesn't exist in the eyes of the government.\n\n**Key things the law covers:**\n- **Compulsory registration** of births, deaths, and marriages in NSW\n- **Who must notify** the registry (hospitals, funeral directors, celebrants, parents, etc.)\n- **What information** goes onto the official record\n- **Certificates** — who can get one, how, and what it contains\n- **Changing records** — including changing a registered sex marker (the entry that records whether someone is male, female, or non-binary)\n- **Access to information** — strict rules about who can access sensitive records, particularly for adopted people and donor-conceived people\n- **Privacy protections** — some records can be sealed or restricted\n- **Penalties** for failing to register or for providing false information\n\n**Notable features of this law:**\nThis Act has been significantly updated over its 30-year life (with over 35 amendments since 1999). Key reforms have included changes to how sex/gender is recorded on birth certificates, improved access rights for adoptees, and modernisation of registration processes. It is jointly overseen by the Attorney General and the Minister for Customer Service and Digital Government."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/births-deaths-and-marriages-registration-act-1995","history":"/api/acts/births-deaths-and-marriages-registration-act-1995/history","analysis":"/api/acts/births-deaths-and-marriages-registration-act-1995/analysis","conflicts":"/api/acts/births-deaths-and-marriages-registration-act-1995/conflicts","importantCases":"/api/acts/births-deaths-and-marriages-registration-act-1995/important-cases","documents":"/api/acts/births-deaths-and-marriages-registration-act-1995/documents"}}