{"id":"a-1997-112","name":"Births, Deaths and Marriages Registration Act 1997","slug":"births-deaths-and-marriages-registration-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"112 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23150,"registerId":"act-a-1997-112-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Meaning of adult and child 3\n4A Offences against Act—application of Criminal Code etc 3\n4B Meaning of birth parent—pt 2 4\n5 Notification of births 4\n6 Meaning of birth registration statement for div 2.2 6\n\nPage\ncontents 2 Births, Deaths and Marriages Registration Act 1997\n7 When registration of birth is required or authorised 6\n8 Responsibility to have birth registered 6\n9 How to have the birth of a child registered 7\n10 Obligation to have birth registered 8\n11 How births are registered 8\n12 Name of child 9\n13 Dispute about child’s name 9\n14 Registration of parentage details 9\n15 Jurisdiction of Supreme Court to order registration of birth 10\n16 Addition or alteration of details of parentage after registration of birth 10\n16A Registration of parentage order 13\n16B Re-registration of birth if parentage order made 13\n17 Change of name by registration 15\n18 Application to register change of adult’s name 15\n19 Application by parent to register change of child’s name 15\n19A Application by young person to register change of given name 17\n20 Registration of change of name 17\n21 Change of name entries in register 19\n22 Change of name may still be established by repute or usage 20\n22A Definitions—div 3.2 20\n22B Application for approval for restricted person to make change of name\napplication 21\n22C Decision on s 22B application 21\n22D Notice of decision 22\n22E Offences—restriction on change of name application by restricted\nperson etc 22\n22F Registrar-general must not register change of name without relevant\ndirector-general’s approval 23\n22G Registrar-general may correct register 23\n\nPage\ncontents 3\n22H Information-sharing 24\n22I Protection of security sensitive information 24\n22J ACAT or court review—security sensitive information 25\n24 Application to alter register to record change of sex 27\n25 Evidence in support of application 28\n26 Alteration of register 29\n27 Showing information about sex on birth certificate 29\n28 Use of old birth certificate to deceive 30\n29 Entitlement not affected by change of sex 31\nDivision 4.2 ACT residents with birth registered elsewhere\n29A Application for recognised details certificate 31\n29B Evidence in support of application for recognised details certificate 32\n29C Issue of recognised details certificate 33\n29D Effect of recognised details certificate and interstate recognised details\ncertificate 33\nDivision 4.3 Nominating sex in applications under this part\n29DA Nominating sex in applications under this part 34\n29E Application by young person for leave to apply for change of given\nname or sex etc 35\n29EA Copy of birth certificate for ACAT 36\n29F Notification about application 36\n29G ACAT hearing an application for leave etc 38\n29H ACAT deciding an application for leave 40\n29I Copy of order for registrar-general 41\n30 When registration of marriages is required 42\n31 How to have a marriage registered 42\n32 How marriages are registered 42\n\nPage\ncontents 4 Births, Deaths and Marriages Registration Act 1997\n32A Registration of civil union 43\n32B How civil union is registered 43\n32C Particulars of end of civil union 44\nPart 5B Civil partnerships\n32D Particulars of civil partnership 45\n32E Particulars of end of civil partnership 45\nDivision 6.1 When registration of deaths is required or authorised\n33 When registration to happen 46\n34 Circumstances in which deaths are not to be registered 47\n35 Notification of deaths by doctors 47\n36 Certificates of deaths subject to inquests 48\n37 Notification by funeral directors etc 48\n38 How deaths are registered 50\n38A Information about tissue donation 51\n39 The register 52\n40 Correction of register 52\nDivision 7.2 Inquiries\n41 Registrar-general’s powers of inquiry 53\n42 Access to register 54\n43 Search of register 55\n44 Protection of privacy 56\n45 Issue of certificates 56\n46 Access policies 58\n47 Registrar-general may collect other information 58\n\nPage\ncontents 5\n48 Additional services 59\n50 Unauthorised access to, or interference with, register 60\n51 Confiscation of forged etc instruments 60\n52 Confiscation of erroneous or false instruments 61\nPart 8 Notification and review of decisions\n53 Meaning of reviewable decision—pt 8 63\n54 Reviewable decision notices 63\n55 Applications for review 63\n65 Certificate evidence 64\n66 Arrangements with States and other Territories 65\n67 Determination of fees 66\n68 Power to remit fees 66\n69 Approved forms 66\n70 Regulation-making power 66\nSchedule 1 Reviewable decisions 68\nDictionary 69\n1 About the endnotes 72\n2 Abbreviation key 72\n3 Legislation history 73\n4 Amendment history 79\n5 Earlier republications 91\n6 Expired transitional or validating provisions 93\n\nAn Act relating to the registration of births, deaths, marriages, civil unions, civil\npartnerships and changes of name and sex, and for related purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Births, Deaths and Marriages Registration Act 1997.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘reviewable decision, for part 8\n(Notification and review of decisions)—see section 53.’ means that the\nterm ‘reviewable decision’ is defined in that section for part 8.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of adult and child","content":"4 Meaning of adult and child\nIn this Act:\nadult means a person who—\n(a) is at least 18 years old; or\n(b) is under 18 years old, but is or has been married or in a civil\nunion.\nchild means a person other than an adult, and includes a stillborn\nchild.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of birth parent—pt 2","content":"4B Meaning of birth parent—pt 2\nIn this part:\nbirth parent, of a child, means the person who gave birth to the child.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Notification of births","content":"5 Notification of births\n(1) If a child is born in the ACT, the responsible person must give the\nregistrar-general written notice of the birth in accordance with\nsubsection (2).\n(2) The notice must—\n(a) include the particulars prescribed by regulation and be\naccompanied by any certificate required to be given to or by the\nrelevant doctor under subsection (4); and\n(b) be given to the registrar-general within—\n(i) for a child born alive—7 days after the day of the birth; or\n(ii) for a stillbirth—48 hours after the birth.\n(3) In subsection (1):\nresponsible person means—\n(a) if the child was born in a hospital or brought to a hospital within\n24 hours after the birth—the chief executive officer of the\nhospital; or\n(b) in any other case—the doctor or midwife responsible for the\nprofessional care of the birth parent at the birth.\n\nNotification of births Division 2.1\n(4) If the birth is a stillbirth, a relevant doctor must, within 48 hours after\nthe birth, give a certificate of the cause of fetal death to—\n(a) if the stillbirth was in a hospital or the body of the stillborn child\nwas brought to a hospital within 24 hours after the birth—the\nchief executive officer of the hospital; or\n(b) in any other case—the doctor or midwife responsible for the\nprofessional care of the birth parent at the birth.\n(5) In subsection (4):\nrelevant doctor means—\n(a) the doctor responsible for the professional care of the birth\nparent at the birth; or\n(b) a doctor who examined the body of the stillborn child after the\nbirth.\n(6) An offence against this section is a strict liability offence.\n(7) Subsection (4) does not apply if the relevant doctor believed, on\nreasonable grounds, that another doctor had given the required\n\n6 Meaning of birth registration statement for div 2.2\nIn this division:\nbirth registration statement means a statement for this division.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"When registration of birth is required or authorised","content":"7 When registration of birth is required or authorised\n(1) If a child is born in the ACT, the birth is to be registered under this\nAct.\n(2) The birth of a child may be registered under this Act if the child—\n(a) is born outside Australia; and\n(b) is to become a resident of the ACT.\n(3) If a child is born in an aircraft during a flight to an airport in the ACT,\nthe birth may be registered under this Act.\n(4) The birth of a child who is born outside Australia may not be\nregistered under this Act if it is registered under a corresponding law.\n(5) Despite subsection (1), the birth of a stillborn child need not be\nregistered if the child showed no sign of a heartbeat before 20 weeks\ngestation.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Responsibility to have birth registered","content":"8 Responsibility to have birth registered\n(1) The parents of a child (other than a child mentioned in subsection (2)\nor (4)) are responsible for having the child’s birth registered under\nthis Act.\n(2) The birth parent of a stillborn child who showed no sign of a heartbeat\nbefore 20 weeks gestation—\n(a) is solely responsible for deciding whether to register the birth of\nthe child; but\n\nRegistration of births Division 2.2\n(b) must consult the other parent of the child before making the\ndecision.\n(3) However, the birth parent is not required to consult the other parent\nif it is not reasonably practicable or appropriate in the circumstances\nto consult the other parent.\nExamples\n1 the other parent is not contactable\n2 the other parent’s identity is not known\n3 the terms of an agreement state that the other parent must not be contacted\n4 there is a risk of family or personal violence against the birth parent or another\n(4) If a child is a foundling, the person who has custody of the child is\nresponsible for having the child’s birth registered under this Act.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"How to have the birth of a child registered","content":"9 How to have the birth of a child registered\n(1) A person has the birth of a child registered under this Act by signing\nand lodging with the registrar-general a birth registration statement\nthat sets out the particulars that the registrar-general requires for the\npurpose of registering the birth.\n(2) However, the registrar-general may accept a birth registration\nstatement—\n(a) that is signed by only 1 of the parents, if satisfied that—\n(i) it is not practicable to obtain the signature of the other\nparent; or\n(ii) the parent who signed is the birth parent of a stillborn child,\nwho has decided under section 8 (2) to register the birth of\nthe child; or\n(b) that does not set out particulars required under subsection (1), if\nsatisfied that it is not practicable to obtain the missing\nparticulars.\n\n(3) If the registrar-general accepts a birth registration statement for a\nchild under subsection (2), a person’s obligation to have the child’s\nbirth registered under this Act is taken to be discharged.\n(4) The registrar-general must not accept a birth registration statement\nfrom a person who is not responsible for having a child’s birth\nregistered under this Act unless the registrar-general is satisfied\n(a) the person lodging the statement has knowledge of the\nparticulars set out in the statement; and\n(b) neither of the child’s parents is able or likely to lodge a birth\nregistration statement.\n(5) The registrar-general must not refuse to accept a birth registration\nstatement only because it is not lodged within 6 months after the day\nof the birth.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Obligation to have birth registered","content":"10 Obligation to have birth registered\n(1) A person responsible for having the birth of a child registered must\nlodge a birth registration statement acceptable to the registrar-general\nwith the registrar-general within 6 months after the day of the birth.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"How births are registered","content":"11 How births are registered\n(1) The registrar-general must register a birth by making in the register\nan entry relating to the birth that includes the name of the child and,\nsubject to section 14, the prescribed particulars.\n(2) However, if not all the prescribed particulars are available to the\nregistrar-general, the registrar-general may register a birth by\nincluding in the entry the prescribed particulars that are available to\nthe registrar-general.\n\nRegistration of births Division 2.2\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Name of child","content":"12 Name of child\nThe registrar-general must assign a name to a child if—\n(a) the name stated in the birth registration statement is a prohibited\nname; or\n(b) the birth registration statement is lodged by both parents of the\nchild and they satisfy the registrar-general that they are unable\nto agree on the child’s name.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Dispute about child’s name","content":"13 Dispute about child’s name\n(1) If there is a dispute between the parents of a child about the child’s\nname, either parent may apply to the Magistrates Court for a\nresolution of the dispute.\n(2) On an application under subsection (1), the Magistrates Court may—\n(a) resolve the dispute about the child’s name as the court considers\nappropriate; and\n(b) order the registrar-general to register the child’s name in a form\nspecified in the order.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Registration of parentage details","content":"14 Registration of parentage details\nOn registration of a child’s birth, the registrar-general must not\ninclude information about the identity of a child’s parent in the\nregister unless—\n(a) the information is contained in a document lodged under section\n5 in relation to the child; or\n(b) the parents of the child apply for the inclusion of the\ninformation; or\n(c) a parent of the child applies for the inclusion of the information\nand the registrar-general is satisfied that the other parent is dead\nor cannot join in the application because the other parent cannot\nbe found or for any other reason; or\n\n(d) a parent of the child applies for the inclusion of the information\nand the registrar-general is satisfied that the other parent does\nnot dispute the correctness of the information; or\n(e) the registrar-general is entitled under an Act or a law of a State,\nthe Commonwealth or another Territory to make a presumption\nabout the identity of a parent of the child; or\n(f) the inclusion of the information is authorised by regulation.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Jurisdiction of Supreme Court to order registration of","content":"15 Jurisdiction of Supreme Court to order registration of\nbirth\nThe Supreme Court may, on the application of an interested person\nor on its own initiative, order—\n(a) the registration of a birth; or\n(b) the inclusion of information relating to a birth or a child’s parent\nin the register.\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"3 Alteration of details of birth","content":"Division 2.3 Alteration of details of birth\nregistration\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Addition or alteration of details of parentage after","content":"16 Addition or alteration of details of parentage after\nregistration of birth\n(1) The registrar-general must include information about a child’s parent\nin the register after registration of the child’s birth if—\n(a) the parents of the child apply for the inclusion of the\ninformation; or\n(b) a parent of the child applies for the inclusion of the information\nand the registrar-general is satisfied that the other parent is dead\nor cannot join in the application because the other parent cannot\nbe found or for any other reason; or\n\nAlteration of details of birth registration Division 2.3\n(c) a parent of the child applies for the inclusion of the information\nand the registrar-general is satisfied that the other parent does\nnot dispute the correctness of the information; or\n(d) the Supreme Court orders the inclusion of the information; or\n(e) a court makes a finding that a particular person is a parent of the\nchild; or\n(f) the registrar-general is entitled under an Act or a law of a State,\nthe Commonwealth or another Territory to make a presumption\nabout the identity of a parent of the child; or\n(g) the inclusion of the information is authorised by regulation.\n(2) On application, the registrar-general must alter any of the following\ninformation about a child’s parent in the register after registration of\nthe child’s birth:\n(a) the name of a parent whose change of name is registered under\nthis Act or a corresponding law;\n(b) the words used to describe a parent’s relationship with the child.\n(3) An application to alter information may be made by—\n(a) both parents; or\n(b) 1 parent if—\n(i) the information is about the parent and the registrar-general\nis satisfied that the other parent—\n(A) is dead or cannot join in the application because the\nother parent cannot be found or for any other reason;\nor\n(B) does not dispute the correctness of the information; or\n(ii) the only alteration is to use the word ‘parent’ to describe\nthe parent’s relationship with the child.\n\n(4) However, if the child is at least 14 years old, the registrar-general\nmust not alter the information unless—\n(a) the registrar-general is satisfied that the child consents to the\nalteration; or\n(b) the only alteration is to use the word ‘parent’ to describe either\nor both parent’s relationship with the child.\n(5) An application to the registrar-general for the addition or alteration of\nregistrable information in the register must—\n(a) be made in writing; and\n(b) include the information required by the registrar-general; and\n(c) if the registrar-general requires verification of the information\nin the application—be accompanied by a statement verifying the\ninformation and any other evidence that the registrar-general\nrequires.\n(6) On application by an interested person, the Supreme Court may order\nthat the register be amended—\n(a) by omitting or adding specified information about a child’s\nparentage; or\n(b) by adding information that relates to the marriage, civil union or\ncivil partnership of the child’s parents.\n(7) This section does not limit section 40 (Correction of register).\n\nIntended parent information Division 2.4\n","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":"Registration of parentage order","content":"16A Registration of parentage order\n(1) If the registrar-general receives a sealed copy of a parentage order\nmade under the Parentage Act 2004, section 28H, or a corresponding\nparentage law, the registrar-general must register the order.\n(2) The registrar-general must keep an index of registered parentage\norders.\n(3) The registrar-general must bring this division to the notice of anyone\nproviding information to the registrar-general about the birth of a\nchild about whom a parentage order has been made.\n","sortOrder":19},{"sectionNumber":"16B","sectionType":"section","heading":"Re-registration of birth if parentage order made","content":"16B Re-registration of birth if parentage order made\n(1) If the registrar-general receives a sealed copy of a parentage order\nmentioned in section 16A (1) for a child whose birth is registered\nunder this Act, the registrar-general must re-register the birth of the\nchild by entering in the register—\n(a) particulars, from the copy of the parentage order, of—\n(i) the child’s name after the order was made; and\n(ii) the child’s sex, date and place of birth; and\n(iii) the intended parent or intended parents of the child in\nwhose favour the order was made; and\n(b) a notation to the entry, signed and dated by the registrar-general,\nto the effect that the birth of the child is registered under this\nsubsection.\n(2) On re-registering the birth of a child under subsection (1), the\nregistrar-general must sign and date a notation, written on the page of\nthe register that contains the original entry of the birth, to the effect\nthat the birth of the child has been re-registered under subsection (1)\non a stated page of the register.\n\n(3) If a parentage order relates to a child who has previously been\nadopted, the registrar-general must re-register the birth of the child as\nif the entry relating to the adoption were the original entry of the\nchild’s birth.\n\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Change of name by registration","content":"17 Change of name by registration\nA person’s name may be changed by registration of the change under\nthis part.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Application to register change of adult’s name","content":"18 Application to register change of adult’s name\nA person who is an adult may apply to the registrar-general for\nregistration of a change of the person’s name if—\n(a) the person is domiciled or resident in the ACT; or\n(b) the person’s birth is registered in the ACT.\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Application by parent to register change of child’s name","content":"19 Application by parent to register change of child’s name\n(1) The parents of a child may apply to the registrar-general for\nregistration of a change of the child’s name if—\n(a) the child is domiciled or resident in the ACT; or\n(b) the child’s birth is registered in the ACT.\n(2) An application for registration of a change in a child’s name may be\nmade by 1 parent if—\n(a) the applicant is the sole parent named in the register or in a\nregister kept under a corresponding law or the law of any place\noutside Australia; or\n(b) the applicant is the only person with parental responsibility for\ndecisions about the child’s name until the child is 18 years old;\nor\n(c) there is no other surviving parent of the child; or\n\n(d) for a child whose birth is registered in the ACT, the child’s\nname––\n(i) has been changed under a law of the Commonwealth or a\ncorresponding law; or\n(ii) should be changed having regard to an order or finding of\nany court in Australia; or\n(e) the Supreme Court has approved under subsection (3) the\nproposed change of name.\nExamples—par (b)\n• all aspects of parental responsibility are allocated to only the applicant by\noperation of a parenting order under the Family Law Act 1975 (Cwlth)\n• parental responsibility for making decisions about major long-term issues are\nallocated to only the applicant by operation of a parenting order under the\nFamily Law Act 1975 (Cwlth)\n• long-term care responsibility has been transferred to only the applicant under\nthe Children and Young People Act 2008\n(3) The Supreme Court may, on application by a child’s parent, approve\na proposed change of name for the child if satisfied that the change is\nin the child’s best interests.\n(4) The Supreme Court must not dispose of an application under\nsubsection (3) unless satisfied that the registrar-general has been\nnotified of the application.\n(5) If the parents of a child are dead, cannot be found or for some other\nreason cannot exercise their parental responsibilities to a child, a\nperson with parental responsibility for the child may apply for\nregistration of a change of the child’s name.\n\n","sortOrder":23},{"sectionNumber":"19A","sectionType":"section","heading":"Application by young person to register change of given","content":"19A Application by young person to register change of given\nname\nA young person may apply to the registrar-general for registration of\na change of any of the person’s given names if—\n(i) the young person is domiciled or resident in the ACT; or\n(ii) the young person’s birth is registered in the ACT; and\n(b) the young person is—\nyoung person to apply.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Registration of change of name","content":"20 Registration of change of name\n(1) The registrar-general must register a change of name.\n(2) However, the registrar-general must not register a change of name\nunless satisfied—\n(a) of the identity and age of the person whose name is to be\nchanged; and\n\n(b) that the change is not sought for a fraudulent or other improper\npurpose; and\n(c) if the application is under section 19 and relates to a child who\nis at least 14 years old (other than a young person mentioned in\nparagraph (d))—that the child either consents to the change of\nname or cannot understand the meaning or implications of the\nchange of name; and\n(d) if the application is for registration of a change of any of a young\nperson’s given names under section 19, and the application\nrelates to a young person who has been granted leave by the\nACAT for registration of a change of any of the young person’s\ngiven names under section 29H—that the young person\nconsents to the change of given name.\n(3) Also, the registrar-general may require the applicant to provide any\nevidence that is necessary to satisfy the registrar-general—\n(a) that any particular or information set out in the application is\ncorrect; or\n(b) of any matter mentioned in subsection (2).\n(4) The registrar-general must register a change of name if satisfied that\nthe name of a person whose birth is registered in the ACT––\n(a) has been changed under a law of the Commonwealth or a\ncorresponding law; or\n(b) should be changed having regard to an order or finding of any\ncourt in Australia.\n(5) Subject to subsection (4) and section 19 (3), the registrar-general must\nnot register a change of name if, as a result of the change, the name\nwould become a prohibited name.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Change of name entries in register","content":"21 Change of name entries in register\n(1) This section applies if the registrar-general registers a change of name\nfor a person whose birth is registered in the ACT or under a\ncorresponding law.\n(2) The registrar-general must—\n(i) if the person’s birth is registered in the ACT—\n(A) alter the register by changing the person’s name in the\nentry relating to the person’s birth; or\n(B) if the applicant for registration of the change of name\nasks the registrar-general to note the change of name\nin the particulars of the person’s birth—note the\nchange of name in the entry relating to the person’s\nbirth; or\n(ii) if the person’s birth is registered under a corresponding\nlaw—notify the relevant registering authority of the change\nof name; and\nNote For how documents may be served, see the Legislation Act,\npt 19.5.\n(b) include in the register any particulars prescribed by regulation.\n(3) Any birth certificate issued by the registrar-general for the person\n(a) if the register is altered under subsection (2) (a) (i) (A)—show\nthe person’s name as changed on the front side of the certificate;\nor\n(b) if the change of name is noted in the register under\nsubsection (2) (a) (i) (B)—note the person’s name as changed\non the reverse side of the certificate.\n\n(4) Also, a birth certificate issued by the registrar-general for the person\nmust not show the person’s former name if—\n(a) the person’s name was changed under subsection (2) (a) (i) (A);\nand\n(b) any of the following people requests, in writing, that the\nperson’s former name not be shown:\n(i) the person;\n(ii) if the person is a child—a parent of, or a person with\nparental responsibility for, the person;\n(iii) a person prescribed by regulation; and\n(c) the registrar-general is satisfied that the request is made to\nprotect a person’s privacy; and\n(d) for a request that relates to a child who is at least 14 years old—\nthe registrar-general is satisfied that the child either consents to\nthe request or cannot understand the meaning or implications of\nthe request.\nNote Section 27 deals with showing a person’s sex on a birth certificate.\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Change of name may still be established by repute or","content":"22 Change of name may still be established by repute or\nusage\nThis part does not prevent a change of name by repute or usage.\n","sortOrder":27},{"sectionNumber":"22A","sectionType":"section","heading":"Definitions—div 3.2","content":"22A Definitions—div 3.2\nIn this division:\nchange of name application, in relation to a restricted person, means\nan application under this Act, division 3.1, or a law of another\njurisdiction corresponding to this Act, for registration of a change of\nthe restricted person’s name.\n\ncorresponding parole law—see the Crimes (Sentence\nAdministration) Act 2005, section 162.\nrelevant director-general means—\n(a) for a restricted person serving a sentence of imprisonment—the\ndirector-general of the administrative unit responsible for the\nCorrections Management Act 2007; or\n(b) for a restricted person the subject of a parole order under the\nCrimes (Sentence Administration) Act 2005 or a corresponding\nparole law—the director-general of the administrative unit\nresponsible for the Crimes (Sentence Administration) Act 2005.\nrestricted person means a person who—\n(a) is serving a sentence of imprisonment (including by full-time\ndetention, intensive correction order, drug and alcohol treatment\norder or release on licence); or\n(b) is the subject of a parole order under the Crimes (Sentence\nAdministration) Act 2005 or a corresponding parole law.\n","sortOrder":28},{"sectionNumber":"22B","sectionType":"section","heading":"Application for approval for restricted person to make","content":"22B Application for approval for restricted person to make\nchange of name application\nA restricted person may apply, in writing, to the relevant\ndirector-general for approval to make a change of name application.\n","sortOrder":29},{"sectionNumber":"22C","sectionType":"section","heading":"Decision on s 22B application","content":"22C Decision on s 22B application\n(1) Within 30 days after the day the relevant director-general receives an\napplication mentioned in section 22B, the relevant director-general\n(a) approve the application; or\n(b) refuse the application.\n\n(2) The relevant director-general may approve the application only if\nsatisfied that the proposed change of name is in all the circumstances\nnecessary or reasonable.\n(3) However, the relevant director-general must not approve the\napplication if satisfied that the proposed change of name would, if\nregistered, be reasonably likely to—\n(a) adversely affect the security, discipline or good order of any\npremises or facility at which the restricted person is held or\naccommodated; or\n(b) jeopardise the restricted person’s or another person’s health or\nsafety; or\n(c) be used to further an unlawful activity or purpose; or\n(d) be used to evade or hinder the supervision of the restricted\nperson; or\n(e) be regarded as offensive by a victim of crime or an appreciable\nsector of the community.\n","sortOrder":30},{"sectionNumber":"22D","sectionType":"section","heading":"Notice of decision","content":"22D Notice of decision\nIf the relevant director-general makes a decision on an application\nmentioned in section 22B, the relevant director-general must give\nwritten notice of the decision to—\n(a) the person who made the application; and\n(b) the registrar-general.\nNote Written notice of the decision must be given to the person and the\nregistrar-general as soon as possible (see Legislation Act, s 151B).\n","sortOrder":31},{"sectionNumber":"22E","sectionType":"section","heading":"Offences—restriction on change of name application by","content":"22E Offences—restriction on change of name application by\nrestricted person etc\n(1) A restricted person commits an offence if—\n(a) the person makes a change of name application; and\n\n(b) the relevant director-general has not approved the making of the\n(2) A person commits an offence if—\n(a) the person, on behalf of a restricted person, makes a change of\nname application; and\n(b) the relevant director-general has not approved the making of the\n(3) An offence against this section is a strict liability offence.\n","sortOrder":32},{"sectionNumber":"22F","sectionType":"section","heading":"Registrar-general must not register change of name","content":"22F Registrar-general must not register change of name\nwithout relevant director-general’s approval\nThe registrar-general must not register a change of name under\nsection 20 if the registrar-general—\n(a) knows that the change of name application is made by or on\nbehalf of a restricted person; and\n(b) has not received a notice under section 22D from the relevant\ndirector-general approving the making of the change of name\n","sortOrder":33},{"sectionNumber":"22G","sectionType":"section","heading":"Registrar-general may correct register","content":"22G Registrar-general may correct register\nWithout limiting section 40 (Correction of register), the\nregistrar-general may correct the register if—\n(a) the name of a restricted person was changed because of an\napplication under division 3.1; and\n(b) the relevant director-general did not approve the making of the\n\n","sortOrder":34},{"sectionNumber":"22H","sectionType":"section","heading":"Information-sharing","content":"22H Information-sharing\n(1) The relevant director-general—\n(a) must notify the registrar-general of the following details in\nrelation to each restricted person:\n(i) the restricted person’s name (including any other name by\nwhich the restricted person is or has previously been\nknown);\n(ii) the restricted person’s date of birth;\n(iii) the restricted person’s current residential address, or if the\nrestricted person is serving a sentence of imprisonment, the\nperson’s residential address immediately before being\ntaken into custody; and\n(b) may give the registrar-general other information necessary for\nthe relevant director-general’s exercise of functions under this\ndivision.\n(2) The registrar-general—\n(a) if the circumstances in section 22F (a) and (b) apply—must\nnotify the relevant director-general about the change of name\napplication; and\n(b) may give the relevant director-general other information\nnecessary for the relevant director-general’s exercise of\nfunctions under this division.\n","sortOrder":35},{"sectionNumber":"22I","sectionType":"section","heading":"Protection of security sensitive information","content":"22I Protection of security sensitive information\n(1) This section applies if the relevant director-general decides to refuse\nan application for approval to make a change of name application\nunder section 22C (1) (b).\n\n(2) The relevant director-general is not required under this Act or any\nother territory law to give reasons for the director-general’s decision\nto the extent that giving those reasons would disclose security\nsensitive information.\nsecurity sensitive information means information that relates to\nactual or suspected criminal activity (whether in the ACT or\nelsewhere) the disclosure of which could reasonably be expected to—\n(a) prejudice a criminal investigation; or\n(b) enable the discovery of the existence or identity of a confidential\nsource of information relevant to law enforcement; or\n(c) endanger a person’s life or physical safety; or\n(d) adversely affect the security, discipline or good order of any\npremises or facility at which a restricted person is held or\naccommodated; or\n(e) adversely affect the supervision of a restricted person.\n","sortOrder":36},{"sectionNumber":"22J","sectionType":"section","heading":"ACAT or court review—security sensitive information","content":"22J ACAT or court review—security sensitive information\n(1) This section applies if—\n(a) the relevant director-general decides to refuse an application for\napproval (an approval application) to make a change of name\napplication under section 22C (1) (b) because, or partly because,\nof information the relevant director-general considers is security\nsensitive information; and\n(b) the applicant for the approval application applies to the ACAT\nor a court for review of the relevant director-general’s decision.\n(2) The relevant director-general must apply to the ACAT or the court\nfor a decision about whether the information is security sensitive\ninformation.\n\n(3) The application need not be served on anyone unless the ACAT or\nthe court otherwise orders on its own initiative.\n(4) The ACAT or the court may decide that the information is, or is not,\nsecurity sensitive information.\n(5) If the ACAT or the court decides that the information is security\nsensitive information, in deciding an application for review of the\nrelevant director-general’s decision to refuse the approval\napplication, the ACAT or the court—\n(a) must ensure security sensitive information is not disclosed in\nany reasons for the decision; and\n(b) must, unless the relevant director-general otherwise agrees,\nreceive evidence and submissions in private in the absence of\nthe public, the applicant for review, the applicant’s\nrepresentative and any other interested party.\n(6) In this section:\nsecurity sensitive information—see section 22I (3).\n\nPeople with birth registered in the ACT Division 4.1\n","sortOrder":37},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 People with birth registered in the","content":"Division 4.1 People with birth registered in the\nACT\n","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Application to alter register to record change of sex","content":"24 Application to alter register to record change of sex\n(1) A person may apply to the registrar-general for alteration of the\nrecord of the person’s sex in the registration of the person’s birth if—\n(a) the person is—\nyoung person to apply; and\n(b) the person’s birth is registered in the ACT; and\n(c) the person believes their sex to be the sex nominated in the\n(2) The parents of, or a person with parental responsibility for, a child\nmay apply to the registrar-general for alteration of the record of the\nchild’s sex in the registration of the child’s birth if—\n(a) the child’s birth is registered in the ACT; and\n\n(b) the parents, or person with parental responsibility, believe on\nreasonable grounds that alteration of the record of the child’s sex\nis in the best interests of the child; and\n(c) the child has not applied under subsection (1) (a) for alteration\nof the record.\n(3) However, an application under subsection (2) may be made by\n1 parent if—\n(a) the applicant is the only parent named in the register; or\n(b) the applicant is the only person with parental responsibility for\ndecisions about the child’s sex until the child is 18 years old; or\n(c) there is no other surviving parent of the child.\nExamples—par (b)\n• all aspects of parental responsibility are allocated to only the applicant by\noperation of a parenting order under the Family Law Act 1975 (Cwlth)\n• parental responsibility for making decisions about major long-term issues are\nallocated to only the applicant by operation of a parenting order under the\nFamily Law Act 1975 (Cwlth)\n• long-term care responsibility has been transferred to only the applicant under\nthe Children and Young People Act 2008\n(4) An application under this section must set out, or be accompanied by,\nthe particulars prescribed by regulation.\n","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Evidence in support of application","content":"25 Evidence in support of application\nAn application under section 24 must be accompanied by—\n(a) documents confirming that the person was born in the ACT or\nhas had their birth registered in the ACT; and\n(b) for an application under section 24 (2)—a statement that the\napplicant believes that altering the record of the child’s sex is in\nthe best interests of the child; and\n\nPeople with birth registered in the ACT Division 4.1\n(c) any other documents and information prescribed by regulation.\n","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Alteration of register","content":"26 Alteration of register\nOn receipt of an application under section 24, the registrar-general\n(a) make the required alteration to the register; or\n(b) refuse to make the required alteration.\n","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Showing information about sex on birth certificate","content":"27 Showing information about sex on birth certificate\n(1) The registrar-general may issue a birth certificate for a person that\nincludes information about the person’s sex.\n(2) However, information about a person’s sex must not be included on\na birth certificate if—\n(a) any of the following people requests, in writing, that the\ninformation not be included on the certificate:\n(i) the person;\n(ii) a parent of, or a person with parental responsibility for, the\nperson; and\n(b) for a request that relates to a child who is at least 14 years old—\nthe registrar-general is satisfied that the child either consents to\nthe request or cannot understand the meaning or implications of\nthe request.\n(3) If the registrar-general issues a birth certificate that includes\ninformation about the sex of a person whose record of sex has been\naltered, the birth certificate—\n(a) must show the person’s record of sex as altered; and\n\n(b) must not show any word or statement to the effect that the\nperson’s record of sex has been altered.\n(4) However, the registrar-general may issue a birth certificate that\nincludes information about a person’s sex before, or both before and\nafter, the alteration of the person’s record of sex if any of the\nfollowing people requests, in writing, that the information be\nincluded:\n(a) the person;\n(b) a child of the person;\n(c) a person prescribed by regulation.\nNote Section 21 deals with showing a person’s former name on a birth\ncertificate after registering a change of name.\n","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Use of old birth certificate to deceive","content":"28 Use of old birth certificate to deceive\n(1) A person commits an offence if—\n(a) the person produces a birth certificate to someone else that\nshows a person’s sex before the record was altered; and\n(b) the person produces the certificate with intent to deceive.\n(2) It is not a defence to a prosecution for an offence against this section\nthat the document in relation to which the prosecution is brought\nrefers to the defendant.\nbirth certificate includes—\n(a) a copy of a birth certificate; and\n(b) an extract from a birth certificate.\n\nACT residents with birth registered elsewhere Division 4.2\n","sortOrder":43},{"sectionNumber":"29","sectionType":"section","heading":"Entitlement not affected by change of sex","content":"29 Entitlement not affected by change of sex\nA person who has an entitlement under a will, trust or territory law\ndoes not lose the entitlement only because the person’s sex has been\naltered on the register, unless the will, trust or territory law provides\notherwise.\nDivision 4.2 ACT residents with birth registered\nelsewhere\n","sortOrder":44},{"sectionNumber":"29A","sectionType":"section","heading":"Application for recognised details certificate","content":"29A Application for recognised details certificate\n(1) A person may apply to the registrar-general for a document that\nacknowledges a person’s name and sex (a recognised details\ncertificate) if—\n(a) the person is—\nyoung person to apply; and\n(b) the person is domiciled or resident in the ACT; and\n(c) the person’s birth is registered in a place other than the ACT;\nand\n\nDivision 4.2 ACT residents with birth registered elsewhere\n(d) the person believes their sex to be the sex nominated in the\n(2) The parents of, or a person with parental responsibility for, a child\nmay apply to the registrar-general for a recognised details certificate\nfor the child if—\n(a) the child is domiciled or resident in the ACT; and\n(b) the child’s birth is registered in a place other than the ACT; and\n(c) the parents, or person with parental responsibility, believe on\nreasonable grounds that a recognised details certificate for the\nchild is in the best interests of the child.\n(3) However, an application under subsection (2) may be made by\n1 parent if—\n(a) the applicant is the only parent named in a register kept under a\ncorresponding law or the law of any place outside Australia; or\n(b) there is no other surviving parent of the child.\n(4) An application under this section must set out, or be accompanied by,\nthe particulars prescribed by regulation.\n","sortOrder":45},{"sectionNumber":"29B","sectionType":"section","heading":"Evidence in support of application for recognised details","content":"29B Evidence in support of application for recognised details\nAn application under section 29A must be accompanied by—\n(a) documents confirming that—\n(i) the person to whom the application relates is domiciled or\nresident in the ACT; and\n(ii) the person’s birth is registered in a place other than the\nACT; and\n\nACT residents with birth registered elsewhere Division 4.2\n(b) for an application under section 29A (2)—a statement signed by\nthe parents of, or a person with parental responsibility for, the\nchild stating that a recognised details certificate for the child is\nin the best interests of the child; and\n(c) any other documents and information prescribed by regulation.\n","sortOrder":46},{"sectionNumber":"29C","sectionType":"section","heading":"Issue of recognised details certificate","content":"29C Issue of recognised details certificate\n(1) On receipt of an application under section 29A, the registrar-general\n(a) issue a recognised details certificate; or\n(b) refuse to issue the certificate.\n(2) The certificate must not state the applicant’s former sex or former\nname (if any) unless the applicant has requested, in writing, that the\ninformation be included.\n(3) The registrar-general may, if the registrar-general considers it\nappropriate, include in the certificate any other information about the\napplicant’s birth that the applicant has requested, in writing, be\nincluded.\n","sortOrder":47},{"sectionNumber":"29D","sectionType":"section","heading":"Effect of recognised details certificate and interstate","content":"29D Effect of recognised details certificate and interstate\nrecognised details certificate\n(1) A person to whom a recognised details certificate relates is, for the\npurposes of, but subject to, any territory law, a person of the sex stated\nin the certificate.\n(2) A person to whom an interstate recognised details certificate relates\nis, for the purposes of, but subject to, any territory law, a person of\nthe sex stated in the certificate.\n\nDivision 4.3 Nominating sex in applications under this part\nDivision 4.3 Nominating sex in applications under\nthis part\n29DA Nominating sex in applications under this part\n(1) A person making an application under this part (an applicant) may\nnominate the sex of a person in the application by stating the\nnominated sex using any term other than a prohibited sex descriptor.\n(2) The registrar-general must ensure an application allows an applicant\nto state the nominated sex of a person using any term other than a\nprohibited sex descriptor.\nExamples\n1 an electronic interactive form used for altering the record of a person’s sex\nshows a blank space in which the person may state their nominated sex\n2 a paper form used to apply for a recognised details certificate includes an open-\ntext field in which the applicant may state their nominated sex\nprohibited sex descriptor means a term describing a person’s sex\n(a) is obscene or offensive; or\n(b) could not practically be established by repute or usage—\n(i) because it is too long; or\n(ii) because it consists of or includes symbols without phonetic\nsignificance in the English language; or\n(iii) for any other reason.\n\n","sortOrder":48},{"sectionNumber":"Part 4A","sectionType":"part","heading":"ACAT leave for certain","content":"Part 4A ACAT leave for certain\napplications\n","sortOrder":49},{"sectionNumber":"29E","sectionType":"section","heading":"Application by young person for leave to apply for","content":"29E Application by young person for leave to apply for\nchange of given name or sex etc\n(1) A young person who is not yet 14 years old may apply to the ACAT\nfor leave to apply to the registrar-general—\n(a) under section 19A for registration of a change of any of the\nperson’s given names; or\n(b) under section 24 for alteration of the record of the person’s sex\nin the registration of the person’s birth; or\n(c) under section 29A for a recognised details certificate.\nNote If leave is granted under this part to a young person, no further leave is\nneeded by the young person for any further application of the same\nkind—see s 29H (3).\n(2) A young person may apply to the ACAT for leave under this section\nonly if the person satisfies the relevant requirement mentioned in\nsection 19A (a), section 24 (1) (b) or section 29A (1) (b).\n(3) Also, a young person who is not yet 12 years old may apply to the\nACAT for leave under this section only if the ACAT is satisfied\n(a) at least 1 parent, or a person with parental responsibility for the\nyoung person, consents to the application being made; and\n(b) exceptional circumstances apply to the young person, for\nexample, the young person has socially transitioned their gender\nidentity by showing a definite and consistent gender identity\nover a reasonable period.\n\n(4) The young person—\n(a) must state in the application that they understand the ACAT\nmust give notice about the application to each parent or person\nwith parental responsibility for the young person under\nsection 29F (1) (a); and\n(b) may make a submission to the ACAT that they do not want those\npeople to be notified because the young person would be\nadversely affected.\nNote The ACAT must not notify a parent, or a person with parental\nresponsibility for the young person, about the application if doing so\ncould reasonably be expected to adversely affect the young person (see\ns 29F (1) (b)).\n(5) To remove any doubt, a young person who makes an application\nunder this part is not legally incompetent only because of the person’s\nage.\n29EA Copy of birth certificate for ACAT\n(1) If an application for leave is made under section 29E, the ACAT may\nask the registrar-general, in writing, for a copy of the applicant’s birth\n(2) The registrar-general must, if asked under subsection (1), give the\nACAT a copy of the applicant’s birth certificate.\n","sortOrder":50},{"sectionNumber":"29F","sectionType":"section","heading":"Notification about application","content":"29F Notification about application\n(1) Subject to subsection (2), the ACAT—\n(a) must take reasonable steps to notify the following people about\nthe application:\n(i) each parent or person with parental responsibility for the\nyoung person;\n(ii) the public advocate; and\n\n(b) must not notify a parent, or a person with parental responsibility\nfor the young person, about the application if doing so could\nreasonably be expected to adversely affect the young person.\n(2) If a young person makes a submission under section 29E (4) (b) about\na parent or a person with parental responsibility for the young person\nbeing notified about the application—\n(a) the ACAT must, after considering the submission, decide if\ngiving notice under subsection (1) (a) (i) could reasonably be\nexpected to adversely affect the young person; and\n(b) if the ACAT decides that the young person could not reasonably\nbe expected to be adversely affected by the notification, the\nACAT must give the young person a written notice stating—\n(i) the reasons for its decision; and\n(ii) that the young person may, in writing, withdraw their\napplication before the end of a stated period of at least\n14 days after the day the notice is given to the young\nperson; and\n(iii) that, if the application is not withdrawn before the end of\nthe stated period, the ACAT will notify each parent or\nperson with parental responsibility for the young person in\naccordance with subsection (1).\n(3) For this section, a young person is not adversely affected by an\napplication if the only reason they are affected is that a parent, or a\nperson with parental responsibility, disagrees with the application and\nthat disagreement causes the young person discomfort.\n(4) For notification under subsection (1) (a), the ACAT—\n(a) may give each parent or person with parental responsibility for\nthe young person any of the following:\n(i) an extract of information taken from the application;\n(ii) a copy of the application;\n\n(iii) documents or evidence attached to the application (in full\nor in part); and\n(b) must give the public advocate the following:\n(i) a copy of the application;\n(ii) documents or evidence attached to the application (in full).\nNote For other material that the public advocate must be given—see s 29G (4).\n","sortOrder":51},{"sectionNumber":"29G","sectionType":"section","heading":"ACAT hearing an application for leave etc","content":"29G ACAT hearing an application for leave etc\n(1) An application for leave under section 29E may proceed to a\nhearing—\n(a) if a submission under section 29E (4) (b) is made by the young\nperson—\n(i) after the end of the stated period under\nsection 29F (2) (b) (ii); or\n(ii) before the end of the stated period if the young person gives\nthe ACAT written confirmation that the young person\nwants the application to proceed; or\n(b) in any other case—14 days after the application is lodged.\n(2) The hearing must be held in private.\n(3) Subject to subsections (4) and (5), a private hearing is taken to be a\nhearing to which the ACT Civil and Administrative Tribunal\nAct 2008, section 39 (Hearings in private or partly in private) applies.\nNote Requirements for keeping private hearings secret are set out in the ACT\nCivil and Administrative Tribunal Act 2008, s 40.\n(4) The ACAT must give the public advocate a copy of any document\nlodged with the ACAT or received in evidence for the hearing.\n\n(5) The public advocate—\n(a) may attend the hearing at any stage (for the whole or any part of\nthe hearing); and\n(b) may make submissions at the hearing about any matter relating\nto the application or the hearing.\nNote The public advocate may also be required to report to the ACAT about a\nmatter—see the Human Rights Commission Act 2005, s 27BA.\n(6) In addition to the young person and the public advocate, a parent or a\nperson with parental responsibility for the young person may also\nmake submissions at the hearing in relation to the application, but\nonly about the matters mentioned in section 29H (1).\n(7) A person who attends a hearing, or makes a submission under\nsubsection (5) or (6), is not a party to the application.\n(8) The ACAT may, by order, give directions prohibiting or restricting\nthe disclosure by a person who attends a hearing, or makes a\nsubmission under subsection (5) or (6), of evidence given at the\nhearing, or of a matter contained in a document lodged with the\ntribunal or received in evidence by the tribunal for the hearing.\nNote A similar order may be given to a party to the application under the ACT\nCivil and Administrative Tribunal Act 2008, s 39.\n(9) The ACAT may make an order under subsection (8) on application\nby the young person or on its own initiative.\n(10) A person must not contravene an order under subsection (8).\n\n","sortOrder":52},{"sectionNumber":"29H","sectionType":"section","heading":"ACAT deciding an application for leave","content":"29H ACAT deciding an application for leave\n(1) The ACAT must, by order, grant an application for leave under\nsection 29E if satisfied on reasonable grounds that—\n(a) the young person has sufficient decision-making ability to\nunderstand the meaning and legal implications of the change;\nand\n(b) the young person believes that the change would better reflect\ntheir gender identity.\n(2) In deciding the application for leave, it is not relevant for the ACAT\nto consider whether—\n(a) the change is in the best interests of the young person; or\n(b) any other requirement under this Act in relation to the change is\nsatisfied.\n(3) If the ACAT grants the application for leave in relation to a young\nperson—\n(a) for leave relating to registration of a change of any of the\nperson’s given names under section 19A—no further leave is\nrequired by the young person for any further application to\nregister a change of any of the person’s given names; or\n(b) for leave relating to alteration of the record of the person’s sex\nin the registration of the person’s birth under section 24—no\nfurther leave is required by the young person for any further\napplication to register alteration of the record of the person’s\nsex; or\n(c) for leave relating to a recognised details certificate under\nsection 29A—no further leave is required by the young person\nfor any further application for a recognised details certificate.\n\n","sortOrder":53},{"sectionNumber":"29I","sectionType":"section","heading":"Copy of order for registrar-general","content":"29I Copy of order for registrar-general\n(1) The registrar-general may ask the ACAT, in writing, for a copy of an\norder made under section 29H in relation to a young person.\n(2) The ACAT must, if asked under subsection (1), give the\nregistrar-general a copy of the order.\n\n","sortOrder":54},{"sectionNumber":"30","sectionType":"section","heading":"When registration of marriages is required","content":"30 When registration of marriages is required\nIf a marriage is solemnised in the ACT, the marriage is to be\nregistered under this Act.\n","sortOrder":55},{"sectionNumber":"31","sectionType":"section","heading":"How to have a marriage registered","content":"31 How to have a marriage registered\nA person may have a marriage registered by lodging with the\nregistrar-general a certificate of marriage under the Marriage\nAct 1961 (Cwlth) or, if the marriage was solemnised before the\ncommencement of that Act, any evidence of the marriage that the\nregistrar-general may require.\n","sortOrder":56},{"sectionNumber":"32","sectionType":"section","heading":"How marriages are registered","content":"32 How marriages are registered\nThe registrar-general must register a marriage by—\n(a) including the marriage certificate as part of the register; or\n(b) including in the register the particulars of the marriage that are\nprescribed.\n\nCivil unions Part 5A\n","sortOrder":57},{"sectionNumber":"32A","sectionType":"section","heading":"Registration of civil union","content":"32A Registration of civil union\nIf a civil union is entered into under the Civil Unions Act 2012, section\n9 (How civil union is entered into), the civil union must be registered\nunder this Act.\n","sortOrder":58},{"sectionNumber":"32B","sectionType":"section","heading":"How civil union is registered","content":"32B How civil union is registered\n(1) If a civil union is entered into before the registrar-general, the\nregistrar must register the civil union by including in the register the\nparticulars of the civil union prescribed by regulation.\n(2) If a civil union is entered into before another civil union celebrant\nunder the Civil Unions Act 2012, the celebrant must give the\nfollowing to the registrar-general not later than 2 weeks after the day\nthe civil union is entered into:\n(a) written notice of the civil union;\n(b) the notice given to the celebrant under the Civil Unions\nAct 2012, section 8 (Notice of intention to enter into civil union)\nfor the civil union.\n(3) If a notice is given to the registrar-general under subsection (2), the\nregistrar must register the civil union by including in the register the\nparticulars of the civil union prescribed by regulation.\n\n","sortOrder":59},{"sectionNumber":"32C","sectionType":"section","heading":"Particulars of end of civil union","content":"32C Particulars of end of civil union\n(1) This section applies if a civil union ends under the Civil Unions\nAct 2012, section 12 (Ending civil union by parties) or section 14\n(Ending civil union by court order).\ntermination prescribed by regulation.\n(3) Also, for a civil union that ends under the Civil Unions Act 2012,\nsection 12, the registrar-general must give each party to the civil\nunion written notice that the civil union ends on the date stated in the\nnotice.\n(4) For subsection (3), it is sufficient if the registrar-general sends the\nnotice to the address for each party that is last known to the registrar.\n\nCivil partnerships Part 5B\n","sortOrder":60},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Civil partnerships","content":"Part 5B Civil partnerships\n","sortOrder":61},{"sectionNumber":"32D","sectionType":"section","heading":"Particulars of civil partnership","content":"32D Particulars of civil partnership\n(1) This section applies if the registrar-general registers a relationship as\na civil partnership under the Domestic Relationships Act 1994,\nsection 37F (Decision on application).\ncivil partnership prescribed by regulation.\n","sortOrder":62},{"sectionNumber":"32E","sectionType":"section","heading":"Particulars of end of civil partnership","content":"32E Particulars of end of civil partnership\n(1) This section applies if a civil partnership ends under the Domestic\nRelationships Act 1994, section 37I (Ending civil partnership by\nparties) or section 37K (Ending civil partnership by court order).\nend of the civil partnership prescribed by regulation.\n(3) Also, for a civil partnership that ends under the Domestic\nRelationships Act 1994, section 37I, the registrar-general must give\neach party to the civil partnership written notice that the civil\npartnership ends on the date stated in the notice.\n(4) For subsection (3), it is sufficient if the registrar-general sends the\nnotice to the address for each party that is last known to the registrar.\n\nDivision 6.1 When registration of deaths is required or authorised\nDivision 6.1 When registration of deaths is\nrequired or authorised\n33 When registration to happen\n(1) This section has effect subject to section 34.\n(2) If a person dies in the ACT, the death is to be registered under this\nAct.\n(3) If a person dies in an aircraft during a flight to an airport in the ACT,\nthe death may be registered under this Act.\n(4) If—\n(a) a person who is domiciled or ordinarily resident in the ACT dies\noutside Australia; or\n(b) a person dies outside Australia leaving property in the ACT;\nthe death may be registered under this Act.\n(5) The registrar-general is not required to register a death under\nsubsection (3) or (4) if the death is registered under a corresponding\nlaw.\n(6) If a child is stillborn, the child’s death is not to be registered under\nthis part.\n\n","sortOrder":63},{"sectionNumber":"34","sectionType":"section","heading":"Circumstances in which deaths are not to be registered","content":"34 Circumstances in which deaths are not to be registered\n(1) The registrar-general must not register a death unless the\nregistrar-general has been given—\n(a) a notice under section 35; or\n(b) a notice under the Coroners Act 1997, section 56; or\n(c) a document issued, made or given under the law of a State, the\nCommonwealth, another Territory or any other place that the\nregistrar-general is satisfied is equivalent to a document\nmentioned in paragraph (a) or (b).\n(2) However, the registrar-general must register a death if satisfied—\n(a) that a court of the Territory, a State, the Commonwealth or\nanother Territory has found that a person whose death is not\nregistered in the register died in the ACT; or\n(b) that, having regard to the circumstances of the case, it is proper\nthat the death be registered.\n","sortOrder":64},{"sectionNumber":"35","sectionType":"section","heading":"Notification of deaths by doctors","content":"35 Notification of deaths by doctors\n(1) A doctor must give the registrar-general written notice of the death\nand cause of death of a person within 48 hours after the death if the\ndoctor—\n(a) was responsible for the deceased person’s medical care\nimmediately before the death; or\n(b) examined the body of the deceased person after the death; or\n\n(c) has considered information about the deceased person’s medical\nhistory and the circumstances of the deceased person’s death\nand is able to form an opinion as to the probable cause of death.\nExamples––par (c)\n• examining medical records or speaking to the deceased person’s treating\ndoctor\n• account of someone who was with the deceased person when the person died\nor who discovered the deceased person’s body\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply if the doctor believed, on reasonable\ngrounds, that—\n(a) another doctor had given the required notice; or\n(b) the death had been reported to a coroner under the Coroners Act\n1997.\n","sortOrder":65},{"sectionNumber":"36","sectionType":"section","heading":"Certificates of deaths subject to inquests","content":"36 Certificates of deaths subject to inquests\nIf a death that is subject to a coronial inquest has been registered\nbefore a finding about the cause of death has been made, a death\ncertificate issued before the coronial inquest is completed must be\nendorsed in the way that the registrar-general considers appropriate\nto indicate that fact.\n","sortOrder":66},{"sectionNumber":"37","sectionType":"section","heading":"Notification by funeral directors etc","content":"37 Notification by funeral directors etc\n(1) If a funeral director or someone else arranges for the disposal of\nhuman remains in the ACT, the person must, within 7 days after the\nday the remains are disposed, give the registrar-general a written\nstatement containing as much of the following information as the\nperson knows or can reasonably find out:\n\n(c) where and how the remains were disposed of;\n(d) any other information required by regulation.\n(2) If a funeral director or someone else arranges for human remains\n(other than cremated remains) to be removed from the ACT, the\nperson must, within 28 days after the day the remains are disposed of\noutside the ACT, give the registrar-general a written statement\ncontaining as much of the following information as the person knows\nor can reasonably find out:\n(c) where and how the remains were disposed of;\n(d) any other information required by regulation.\nMaximum penalty: 50 penalty units.\n(3) If a funeral director or someone else has the custody of human\nremains that have not been disposed of within 30 days after the day\nof the death, the person must give the registrar-general a written\nstatement containing as much of the following information as the\nperson knows or can reasonably find out:\n(c) any other information required by regulation.\nMaximum penalty: 10 penalty units\n\n(5) In this section:\ndisposal, in relation to human remains, means—\n(a) cremation; or\n(b) burial, including burial at sea; or\n(c) placing the remains in a mausoleum or other permanent resting\nplace; or\n(d) placing the remains in the custody of an educational or scientific\ninstitution for the purpose of medical education or research; or\n(e) removal from the ACT, unless the remains have been cremated.\nfuneral director means a person who carries on the business of\narranging for the disposal of human remains.\nhuman remains includes the remains of a stillborn child.\n","sortOrder":67},{"sectionNumber":"38","sectionType":"section","heading":"How deaths are registered","content":"38 How deaths are registered\n(1) The registrar-general must register a death by making in the register\nan entry about the death that includes the particulars prescribed by\nregulation.\n(2) However, if not all the prescribed particulars are available for the\nregistrar-general, the registrar-general may register the death by\nincluding in the entry the prescribed particulars that are available to\nthe registrar-general.\n\n","sortOrder":68},{"sectionNumber":"38A","sectionType":"section","heading":"Information about tissue donation","content":"38A Information about tissue donation\n(1) This section applies in relation to a deceased person who was a tissue\ndonor and whose death is or is to be registered under this Act.\n(2) On request by a next of kin of the deceased person, the\nregistrar-general must include in the register a statement that the\nperson was a tissue donor.\n(3) The request must be in writing and include information verifying that\nthe deceased person was a tissue donor.\nnext of kin—see the Transplantation and Anatomy Act 1978,\ndictionary.\ntissue donor—a deceased person was a tissue donor if tissue was\nremoved from the person’s body under a consent given in accordance\nwith the Transplantation and Anatomy Act 1978, part 3 (Donations of\ntissue after death).\n\n","sortOrder":69},{"sectionNumber":"39","sectionType":"section","heading":"The register","content":"39 The register\n(1) The registrar-general must maintain a register or registers of\nregistrable events.\n(2) The register—\n(a) must contain the particulars of each registrable event required\nunder this or any other Act to be included in the register; and\n(b) may contain any further information that is authorised by this\nAct or a regulation.\n(3) The register may be completely or partly in the form of a computer\ndatabase, in documentary form or in any other form that the registrar-\ngeneral considers appropriate.\n(4) The registrar-general must maintain the indexes to the register that\nare necessary to make the information in the register reasonably\naccessible.\n","sortOrder":70},{"sectionNumber":"40","sectionType":"section","heading":"Correction of register","content":"40 Correction of register\n(1) The registrar-general may correct the register—\n(a) to reflect a finding made on an inquiry under division 7.2; or\n(b) to bring an entry about a particular registrable event into\nconformity with the most reliable information available to the\nregistrar-general of the registrable event.\n(2) The registrar-general must, if satisfied that, in view of a finding of a\ncourt, an entry in the register is incorrect, correct the register in\naccordance with the finding.\n\nInquiries Division 7.2\n(3) A correction of the register is effected by adding or cancelling an\nentry or by adding, altering or deleting a particular contained in an\nentry.\ncourt means a court of the Territory, the Commonwealth, a State or\nanother Territory.\n","sortOrder":71},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 Inquiries","content":"Division 7.2 Inquiries\n","sortOrder":72},{"sectionNumber":"41","sectionType":"section","heading":"Registrar-general’s powers of inquiry","content":"41 Registrar-general’s powers of inquiry\n(1) The registrar-general may conduct the inquiries that the\nregistrar-general considers appropriate to find out—\n(a) whether a registrable event has happened; or\n(b) particulars of a registrable event; or\n(c) whether particulars of a particular registrable event have been\ncorrectly recorded in the register.\n(2) The registrar-general may, by notice given to a person who, in the\nregistrar-general’s opinion, may be able to provide information\nrelevant to an inquiry under this section, require the person to answer\na specified question or to provide other information within a time and\nin a way specified in the notice.\nnotice given to the person under subsection (2).\nMaximum penalty: 50 penalty units.\n\nDivision 7.3 Access to, and certification of,\nregister entries\n","sortOrder":73},{"sectionNumber":"42","sectionType":"section","heading":"Access to register","content":"42 Access to register\n(1) A person may apply to the registrar-general for—\n(a) access to the register; or\n(b) the provision from the register of the information stated in the\n(2) The registrar-general may give the applicant access to the register, or\ngive the applicant any of the stated information that is available, if\nsatisfied that—\n(a) the applicant has an adequate reason for wanting the access or\nthe information; and\n(b) the giving of the access or information is in accordance with the\nstatement of policies under section 46.\n(3) However, the registrar-general must not give the access to any part of\nthe register, or any information in the register, that would disclose—\n(a) the manner of death of a deceased person; or\n(b) that a manner of death was recorded for a deceased person.\nNote 1 The Voluntary Assisted Dying Act 2024, s 82 (3) requires notice to be\ngiven to the registrar-general about the manner of death of a deceased\nperson.\nNote 2 The registrar-general must give the Voluntary Assisted Dying Oversight\nBoard information about a death (including any recorded manner of\ndeath) in certain circumstances (see Voluntary Assisted Dying Act 2024,\ns 123).\n(4) The access or information—\n(a) must be given subject to the conditions stated in the statement\nof policies under section 46; and\n\nAccess to, and certification of, register entries Division 7.3\n(b) may be given subject to any other conditions that are reasonable\nand necessary to protect the privacy of anyone to whom an entry\nin the register relates.\n(5) In deciding, for subsection (2) (a), whether an applicant has an\nadequate reason, the registrar-general must have regard to—\n(a) the nature of the applicant’s interest; and\n(b) the sensitivity of the information to be accessed or provided; and\n(c) the use to be made of the information.\n(6) The registrar-general may also have regard to any other relevant\nconsideration.\n(7) In this section:\ninformation does not include information that may be applied for\nunder section 43.\n","sortOrder":74},{"sectionNumber":"43","sectionType":"section","heading":"Search of register","content":"43 Search of register\n(1) A person may apply to the registrar-general for a search of the register\nfor an entry about a particular registrable event.\n(2) The registrar-general may search the register for the entry if satisfied\n(a) the applicant has an adequate reason for wanting the\ninformation; and\n(b) the giving of the information is in accordance with the statement\nof policies under section 46.\n(3) In deciding whether an applicant has an adequate reason, the\nregistrar-general must have regard to—\n(a) the matters mentioned in section 42 (5); and\n(b) the relationship (if any) between the applicant and the person to\nwhom the information relates; and\n\n(c) the age of the entry; and\n(d) the contents of the entry.\n(4) The registrar-general may also have regard to any other relevant\nconsideration.\n","sortOrder":75},{"sectionNumber":"44","sectionType":"section","heading":"Protection of privacy","content":"44 Protection of privacy\nIn providing information extracted from the register, the registrar-\ngeneral must, as far as practicable, protect a person to whom the entry\nin the register relates from unreasonable intrusion into the person’s\nprivacy.\n","sortOrder":76},{"sectionNumber":"45","sectionType":"section","heading":"Issue of certificates","content":"45 Issue of certificates\n(1) On completing a search of the register under section 43 (2), the\nregistrar-general must issue a certificate—\n(a) certifying the particulars contained in an entry that, having\nregard to subsections (2) and (3) and section 44, may be\nprovided; or\n(b) certifying that no entry was located in the register about the\nrelevant registrable event.\n(2) For subsection (1) (a), if an entry in the register includes the word\n‘illegitimate’, or any other term indicating that a child was born\noutside marriage, the entry is taken not to include the word or term.\n(3) For subsection (1) (a), if an entry in the register relates to a death and\na manner of death is recorded, the entry is taken not to include the\nmanner of death.\nNote 1 The Voluntary Assisted Dying Act 2024, s 82 (3) requires notice to be\ngiven to the registrar-general about the manner of death of a deceased\nperson.\nNote 2 The registrar-general must give the Voluntary Assisted Dying Oversight\nBoard information about a death (including any recorded manner of\ndeath) in certain circumstances (see Voluntary Assisted Dying Act 2024,\ns 123).\n\nAccess to, and certification of, register entries Division 7.3\n(4) On completing a search of the register under section 43 (2), the\nregistrar-general may also issue an integrated birth certificate to an\nadopted person if the person has requested the certificate and the\nregistrar-general is satisfied that—\n(i) the person’s birth was registered in the ACT and an\nadoption order in relation to the person was made in the\nACT or another State or Territory; or\n(ii) the person was born in a country outside Australia and an\nadoption order in relation to the person was made in the\nACT; and\n(b) the adopted person is entitled to access information in relation\nto their adoption under the Adoption Act 1993, part 5.\n(5) In this section:\nintegrated birth certificate, in relation to an adopted person, means a\ncertificate about the person’s birth that includes information included\non the register—\n(a) about the adopted person’s parents, and any siblings included on\nthe register at the time of registration of the person’s birth; and\n(b) about the date of the adoption; and\n(c) about the adopted person’s parents, and any siblings included on\nthe register at the time of registration of the person’s adoption;\nand\n(d) prescribed by regulation as required on an integrated birth\n\n","sortOrder":77},{"sectionNumber":"46","sectionType":"section","heading":"Access policies","content":"46 Access policies\n(1) The registrar-general must maintain a written statement of the\npolicies on which, and of any conditions subject to which—\n(a) access to the register is to be given or denied under section 42;\nor\n(b) information from the register is to be provided or refused under\nsection 42 or section 43.\n(2) The registrar-general must give a copy of a statement under\nsubsection (1) to a person who requests it—\n(a) in person or by telephone during normal business hours; or\n(b) by mail or electronic means.\n","sortOrder":78},{"sectionNumber":"47","sectionType":"section","heading":"Registrar-general may collect other information","content":"47 Registrar-general may collect other information\n(1) The registrar-general may establish and maintain records of\ninformation, other than registrable information, relating to registrable\nevents.\n(2) Records maintained under this section must be kept separately from\nthe register.\n(3) The registrar-general may include information in the records\nmaintained under this section at the request of a person interested in\nthe registrable event to which the information relates or on the\nregistrar-general’s own initiative.\n\nAdditional information and services Division 7.4\n","sortOrder":79},{"sectionNumber":"48","sectionType":"section","heading":"Additional services","content":"48 Additional services\n(1) The registrar-general may enter into an agreement or arrangement\nwith a person for the provision of services in relation to the discharge\nof a function under this Act.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, def entity).\n(2) The services that may be provided under subsection (1) include, but\nare not limited to, the provision of—\n(a) information in the form of a decorative certificate or other\ndocument; or\n(b) information from records maintained under section 47; or\n(c) information, whether from the register or from records\nmaintained under section 47, prepared in a form that facilitates\nhistorical or genealogical research.\n(3) The registrar-general may charge, for the provision of a service under\nthis section, the fee that is agreed with the recipient of the service.\n(4) A fee under subsection (3) is not required to bear any relationship\nto—\n(a) the cost of providing the relevant service; or\n(b) any fee determined under section 67 (Determination of fees).\n(5) An agreement or arrangement under subsection (1) is taken, because\nof this subsection, to include provisions to the effect that—\n(a) the registrar-general must not provide any service unless\nsatisfied that the person to whom it is to be provided has an\nadequate reason for wanting it; and\n(b) for the purpose of deciding whether a reason is adequate for\nparagraph (a), the registrar-general is to have regard to the\nmatters set out in section 42 (3) (a) to (d); and\n\n(c) section 44 is to apply to the provision of a service that relates to\nthe records maintained under section 47.\n","sortOrder":80},{"sectionNumber":"50","sectionType":"section","heading":"Unauthorised access to, or interference with, register","content":"50 Unauthorised access to, or interference with, register\nA person commits an offence if the person—\n(a) does any of the following:\n(i) obtains access to the register, records maintained under\nsection 47 or information contained in the register or those\nrecords;\n(ii) makes, alters or deletes an entry in the register or those\nrecords;\n(iii) interferes with the register or those records in any other\nway; and\n(b) does so without the registrar-general’s authority.\n","sortOrder":81},{"sectionNumber":"51","sectionType":"section","heading":"Confiscation of forged etc instruments","content":"51 Confiscation of forged etc instruments\n(1) The registrar-general may confiscate—\n(a) an instrument that purports to have been made for this Act or the\nrepealed Act if the registrar-general believes, on reasonable\ngrounds, that the instrument has a forged impression of the\nregistrar-general’s signature or seal or is forged or falsified; or\n(b) a certificate under this Act or the repealed Act about a registrable\nevent if the entry in the register about the event has been\ncancelled or corrected since the issue of the certificate.\n\nOffences Division 7.5\n(2) If the registrar-general believes on reasonable grounds that a person\nhas in the person’s possession a certificate or other instrument\nmentioned in subsection (1), the registrar-general may—\n(a) require the person to surrender the certificate or document\nimmediately to the registrar-general; or\n(b) by written notice sent to the person, require the person to\nsurrender the certificate or document to the registrar-general\nwithin 14 days of the date of the notice.\nrequirement made of the person, or a notice given to the person, under\nsubsection (2).\n","sortOrder":82},{"sectionNumber":"52","sectionType":"section","heading":"Confiscation of erroneous or false instruments","content":"52 Confiscation of erroneous or false instruments\n(1) The registrar-general may confiscate a certificate or other instrument\nissued under this Act or the repealed Act in error or because of fraud.\n(2) If the registrar-general believes on reasonable grounds that a\ncertificate or other instrument issued under this Act or the repealed\nAct was issued in error or because of fraud, the registrar-general\nmay—\n(a) require the person who appears to have possession of the\ncertificate or instrument to surrender it immediately to the\nregistrar-general; or\n(b) by written notice sent to the person who appears to have\npossession of the certificate or instrument, require the person to\nsurrender it to the registrar-general within 14 days of the date of\nthe notice.\n\nnotice given to the person under subsection (2).\n\nNotification and review of decisions Part 8\n","sortOrder":83},{"sectionNumber":"Part 8","sectionType":"part","heading":"Notification and review of","content":"Part 8 Notification and review of\ndecisions\n","sortOrder":84},{"sectionNumber":"53","sectionType":"section","heading":"Meaning of reviewable decision—pt 8","content":"53 Meaning of reviewable decision—pt 8\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":85},{"sectionNumber":"54","sectionType":"section","heading":"Reviewable decision notices","content":"54 Reviewable decision notices\n(1) If a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice to each person mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n(2) In this section:\ndecision-maker, for a reviewable decision, means—\n(a) the registrar-general; or\n(b) a relevant director-general.\nrelevant director-general—see section 22A.\n","sortOrder":86},{"sectionNumber":"55","sectionType":"section","heading":"Applications for review","content":"55 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Certificate evidence","content":"65 Certificate evidence\n(1) A certificate or other instrument that purports to state information\nobtained by the registrar-general under this Act or the repealed Act is\nevidence of the matters stated in it if it purports—\n(a) to be signed and sealed by the registrar-general; or\n(b) to have attached to it, or be otherwise authenticated by, a\nfacsimile of the registrar-general’s signature and seal produced\nby a stamp, machine imprint or any other method authorised by\nregulation.\n(2) An interstate recognition certificate is, for the purposes of any\nterritory law, evidence that the person mentioned in it is of the sex\nstated in the certificate.\n(3) An interstate recognised details certificate is, for the purposes of any\nterritory law, evidence that the person mentioned in it is of the sex\nstated in the certificate.\ninterstate recognition certificate means a certificate issued under a\ncorresponding law.\n\nMiscellaneous Part 10\n","sortOrder":88},{"sectionNumber":"66","sectionType":"section","heading":"Arrangements with States and other Territories","content":"66 Arrangements with States and other Territories\n(1) The Minister may enter into an arrangement with the Minister\nresponsible for the administration of a corresponding law providing\nfor—\n(a) the exercise by the registrar-general of functions of the\nregistering authority under the corresponding law; or\n(b) the exercise by the registering authority under the corresponding\nlaw of functions of the registrar-general under this Act; or\n(c) a matter mentioned in subsection (3).\n(2) If an arrangement is in force under this section—\n(a) the registrar-general may exercise, to the extent authorised by\nthe arrangement, but subject to any conditions of the\narrangement, the functions of the registering authority under the\ncorresponding law; and\n(b) the registering authority under the corresponding law may\nexercise, to the extent authorised by the arrangement, but subject\nto any conditions of the arrangement, the functions of the\nregistrar-general under this Act.\n(3) An arrangement under this section may—\n(a) provide for the establishment of a database in which information\nis recorded for the benefit of all the participants in the\narrangement; or\n(b) provide for access to information contained in the database; or\n(c) provide for payments by or to participants in the arrangement\nfor services provided under the arrangement.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, def entity).\n\n","sortOrder":89},{"sectionNumber":"67","sectionType":"section","heading":"Determination of fees","content":"67 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":90},{"sectionNumber":"68","sectionType":"section","heading":"Power to remit fees","content":"68 Power to remit fees\nThe registrar-general may, if satisfied that it is appropriate to do so,\nrefund, or remit the payment of, any fee or part of a fee.\n","sortOrder":91},{"sectionNumber":"69","sectionType":"section","heading":"Approved forms","content":"69 Approved forms\n(1) The registrar-general may approve forms for this Act.\n(2) If the registrar-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Regulation-making power","content":"70 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) the provision of copies of, or extracts from, entries in the register\nabout relevant children; and\n(b) the making, correction or cancellation of entries in the register\nabout relevant children.\n(3) A regulation may also prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n10 penalty units for offences against a regulation.\n\nMiscellaneous Part 10\nrelevant children—a child is a relevant child if a parentage order has\nbeen made about the child under—\n(a) the Parentage Act 2004, section 28H; or\n(b) a corresponding parentage law.\n\n","sortOrder":93},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 8)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\n1 12 (a) assign name to child parent\n2 20 (2) refuse to register\nchange of name\n3 20 (5) refuse to register\nchange of name\n4 22C (1) (b) refuse approval to\nmake a change of name\napplication in relation\nto a restricted person\n5 22F refuse to register\nchange of name in\nrelation to a restricted\n6 26 (b) refuse to alter register\nto record change of sex\n7 29C refuse to issue\nrecognised details\n8 68 refuse to refund or\nremit payment of fee or\npart of fee\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• change\n• civil partnership\n• civil union\n• Commonwealth\n• coroner\n• doctor\n• exercise\n• fail\n• function\n• instrument (see s 14)\n• intersex person\n• penalty unit (see s 133)\n• registrar-general\n• reviewable decision notice\n• under.\nadult—see section 4.\nbirth includes a stillbirth.\nbirth certificate means a certificate issued under section 27 or\nsection 45 certifying particulars contained in an entry in the register\nof a person’s birth.\nbirth parent, of a child, for part 2 (Registration of births)—see\nsection 4B.\nbirth registration statement, for division 2.2 (Registration of\nbirths)—see section 6.\n\nchange of name application, in relation to a restricted person, for\ndivision 3.2 (Change of name—restricted people)—see section 22A.\nchild—see section 4.\ncorresponding law means a law of a State or another Territory that\nprovides for the registration of births, deaths and marriages.\ncorresponding parentage law means a law of a State or another\nTerritory relating to parentage and includes a law prescribed by\nregulation to be a corresponding parentage law.\ncorresponding parole law, for division 3.2 (Change of name—\nrestricted people)—see section 22A.\ndeath does not include a stillbirth.\ninterstate recognised details certificate means a recognised details\ncertificate (however described) issued under a corresponding law.\nparental responsibility, for a child or young person—see the\nChildren and Young People Act 2008, section 15.\nparents, of a child, means the parents jointly.\nprohibited name means a name that—\n(a) is obscene or offensive; or\n(b) could not practically be established by repute or usage—\n(i) because it is too long; or\n(ii) because it consists of or includes symbols without phonetic\nsignificance in the English language; or\n(iii) for any other reason; or\n(c) includes or resembles an official title or rank; or\n(d) is misleading because of similarity with the name of a body or\norganisation; or\n\n(e) is, in the registrar-general’s opinion, undesirable; or\n(f) is prohibited by regulation.\nrecognised details certificate—see section 29A (1).\nregister means a register maintained under section 39.\nregistering authority means an authority responsible under a\ncorresponding law for the registration of births, deaths and marriages.\nregistrable event means a birth, death, marriage, civil union, civil\npartnership, change of name or change of sex.\nregistrable information means information that is to be or may be\nincluded in the register.\nrelevant director-general, for division 3.2 (Change of name—\nrestricted people)—see section 22A.\nrepealed Act means the Registration of Births, Deaths and Marriages\nAct 1963.\nrestricted person, for division 3.2 (Change of name—restricted\npeople)—see section 22A.\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 53.\nstillbirth means the birth of a stillborn child.\nstillborn child means a child of at least 20 weeks gestation who shows\nno sign of respiration or heartbeat, or other sign of life, immediately\nafter birth.\nyoung person means a person who is not yet 18 years old.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nBirths, Deaths and Marriages Registration Act 1997 A1997-112\nnotified 24 December 1997 (Gaz 1997 S420)\ns 1, s 2 commenced 24 December 1997 (s 2 (1))\nremainder commenced 24 June 1998 (s 2 (3))\nas amended by\nBirths, Deaths and Marriages Registration (Amendment) Act 1998\nA1998-12\nnotified 25 June 1998 (Gaz 1998 S170)\ns 1, s 2 commenced 25 June 1998 (s 2 (1))\nremainder commenced 24 June 1998 (s 2 (2))\nArtificial Conception Amendment Act 2000 A2000-51\nnotified 28 September 2000 (Gaz 2000 No 39)\ns 1, s 2 commenced 28 September 2000 (IA s 10B)\nremainder commenced 17 November 2000 (s 2 and Gaz 2000 No S65)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 35\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 35 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nParentage Act 2004 A2004-1 sch 1 pt 1.4\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.4 commenced 22 March 2004 (s 2 and CN2004-3)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.8\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.8 commenced 9 April 2004 (s 2 (1))\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 5 pt 5.2\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 5 pt 5.2 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\n\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.5\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.5 commenced 2 June 2005 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.8\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.8 commenced 24 November 2005 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.4\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.4 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.1\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.1 commenced 16 November 2006 (s 2 (1))\nRegulatory Services Legislation Amendment Act 2008 A2008-5 pt 3\nnotified LR 15 April 2008\ns 1, s 2 commenced 15 April 2008 (LA s 75 (1))\npt 3 commenced 1 July 2008 (s 2 and CN2008-7)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.3\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 19 May 2008 (s 2 and CN2008-8)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.11\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.11 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nCivil Partnerships Amendment Act 2009 A2009-41 sch 1 pt 1.1\nnotified LR 18 November 2009\ns 1, s 2 commenced 18 November 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 19 November 2009 (s 2)\nCivil Partnerships Amendment Act 2009 (No 2) A2009-57 sch 1\nnotified LR 17 December 2009\ns 1, s 2 commenced 17 December 2009 (LA s 75 (1))\nsch 1 commenced 18 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2011\n(No 2) A2011-27 sch 1 pt 1.3\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.3 commenced 13 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.7\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.7 commenced 12 December 2011 (s 2)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.4\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.4 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.2\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.2 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nCourts Legislation Amendment Act 2014 A2014-1 pt 3\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 3 commenced 2 April 2014 (s 2)\n\nCorrections and Sentencing Legislation Amendment Act 2014\nA2014-6 pt 2\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\npt 2 commenced 28 March 2014 (s 2)\nBirths, Deaths and Marriages Registration Amendment Act 2014\nA2014-8\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\nremainder commenced 26 April 2014 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.1\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.1 commenced 10 June 2014 (s 2 (1))\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.3\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 2 March 2016 (s 2 (1))\nJustice Legislation Amendment Act 2016 A2016-7 pt 2\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\npt 2 commenced 29 August 2016 (s 2 and LA s 79)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.6\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.6 commenced 27 April 2016 (s 2)\nBirths, Deaths and Marriages Registration Amendment Act 2019\nA2019-3 pt 2\nnotified LR 26 February 2019\ns 1, s 2 commenced 26 February 2019 (LA s 75 (1))\npt 2 commenced 27 February 2019 (s 2)\n\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 3\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 3 commenced 3 December 2019 (s 2 (1) and CN2019-19)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.3\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.3 commenced 14 November 2019 (s 2 (1))\nBirths, Deaths and Marriages Registration (Tissue Donor\nAcknowledgment) Amendment Act 2020 A2020-17\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nremainder commenced 6 May 2021 (s 2 (1) and CN2021-3)\nBirths, Deaths and Marriages Registration Amendment Act 2020\nA2020-40\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\nremainder commenced 20 August 2021 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 3\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 3 commenced 31 December 2021 (s 2 (2))\nBirths, Deaths and Marriages Registration Amendment Act 2024\nA2024-9 pt 2\nnotified LR 28 March 2024\ns 1, s 2 commenced 28 March 2024 (LA s 75 (1))\nss 8-11, ss 13-23, s 25, s 26 commenced 29 March 2024 (s 2 (1))\npt 2 remainder commenced 28 March 2025 (s 2 (3))\nVoluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.1\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nsch 3 pt 3.1 commenced 3 November 2025 (s 2)\n\nParentage (Surrogacy) Amendment Act 2024 A2024-31 sch 1\nnotified LR 9 July 2024\ns 1, s 2 commenced 9 July 2024 (LA s 75 (1))\nsch 1 commenced 10 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.15\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.15 commenced 6 December 2025 (s 2 (5))\n\nLong title\nlong title am A2006-22 amdt 1.13 (A2006-22 rep before commenced by\namdt 1.4; A2012-40 amdt 3.13; A2013-39 amdt 2.2\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\nName of Act\ns 1 sub A2005-20 amdt 3.15\ns 2 om R2 LRA\nins A2005-20 amdt 3.16\nam A2014-8 s 4\nNotes\ns 3 om R2 LRA\nins A2005-20 amdt 3.16\nMeaning of adult and child\ns 4 sub A2005-20 amdt 3.16\nam A2006-22 amdt 1.14 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2012-40\namdt 3.14\ndef adult om A2005-20 amdt 3.16\ndef authorised celebrant om A2005-20 amdt 3.16\ndef birth om A2005-20 amdt 3.16\ndef change om A2005-20 amdt 3.16\ndef child om A2005-20 amdt 3.16\ndef commencement of this Act om A2005-20 amdt 3.16\ndef corresponding law om A2005-20 amdt 3.16\ndef death om A2005-20 amdt 3.16\ndef determined fee om A2001-44 amdt 1.339\ndef disposal om A2005-20 amdt 3.16\ndef doctor om A2005-20 amdt 3.16 (see also A2004-39\namdt 5.3)\ndef funeral director om A2005-20 amdt 3.16\ndef prohibited name om A2005-20 amdt 3.16\ndef register om A2005-20 amdt 3.16\ndef registering authority om A2005-20 amdt 3.16\ndef registrable event om A2005-20 amdt 3.16\ndef registrable information om A2005-20 amdt 3.16\ndef registrar-general om A2005-20 amdt 3.16\ndef repealed Act om A2005-20 amdt 3.16\ndef stillbirth om A2005-20 amdt 3.16\ndef stillborn child om A2005-20 amdt 3.16\n\nOffences against Act—application of Criminal Code etc\ns 4A ins A2005-54 amdt 1.47\nNotifications of births\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA\nMeaning of birth parent—pt 2\ns 4B ins A2019-3 s 4\nNotification of births\ns 5 am A2001-44 amdt 1.340, 1.341\nsub A2005-54 amdt 1.48\nam A2011-52 amdt 3.17; A2014-18 amdt 3.4; A2016-7 s 4,\ns 5; A2019-3 s 5; A2019-42 amdt 3.4; A2025-29 amdt 4.15\nRegistration of births\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R3 LA\nMeaning of birth registration statement for div 2.2\ns 6 am A2025-29 amdt 4.15\ndef birth registration statement sub A2001-44 amdt 1.342\nWhen registration of birth is required or authorised\ns 7 am A2005-20 amdt 3.17; A2019-3 s 6\n(6), (7) exp 27 February 2020 (s 7 (7))\nResponsibility to have birth registered\ns 8 am A2019-3 s 7, s 8; ss renum R28 LA\nHow to have the birth of a child registered\ns 9 am A2005-20 amdt 3.18; ss renum R6 LA (see A2005-20\namdt 3.19); A2005-54 amdt 1.49; A2014-8 s 5; A2019-3 s 9\nObligation to have birth registered\ns 10 sub A2005-54 amdt 1.50\nam A2014-8 s 5\nHow births are registered\ns 11 am A2005-20 amdt 3.20, amdt 3.21\nAlteration of details of birth registration\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R3 LA\nAddition or alteration of details of parentage after registration of birth\ns 16 hdg sub A2024-9 s 4\ns 16 am A2005-20 amdt 3.22; A2006-22 amdt 1.15 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.5; A2011-27 amdt 1.6; ss renum\nR16 LA; A2012-40 amdt 3.15; A2014-18 amdt 3.1; A2016-18\namdt 3.17, amdt 3.18; A2024-9 ss 5-7; ss renum R37 LA;\n\nIntended parent information\ndiv 2.4 hdg (prev pt 2 div 4 hdg) ins A2000-51 s 10\nrenum R3 LA\nsub A2024-31 amdt 1.1\nRe-registration of parentage order\ns 16A ins A2000-51 s 10\nam A2004-1 amdt 1.16; A2016-7 s 6; A2024-31 amdt 1.2\nRegistration of birth if parentage order made\ns 16B ins A2000-51 s 10\nam A2004-1 amdt 1.17; A2024-31 amdt 1.3\nChange of name—generally\ndiv 3.1 hdg ins A2014-6 s 4\nApplication to register change of adult’s name\ns 18 am A1998-12 s 4; A2001-44 amdts 1.343-1.346\nsub A2005-20 amdt 3.23\nApplication by parent to register change of child’s name\ns 19 hdg sub A2020-40 s 4\ns 19 am A1998-12 s 5; A2001-44 amdts 1.347-1.350; A2005-20\namdt 3.24; A2011-27 amdt 1.7; pars renum R16 LA; A2014-8\ns 6; A2024-9 s 8, s 9; pars renum R35 LA; A2025-29\nApplication by young person to register change of given name\ns 19A ins A2020-40 s 5\nam A2024-9 s 10, s 11; A2025-29 amdt 4.15\nRegistration of change of name\ns 20 am A2005-20 amdts 3.25-3.27; A2011-27 amdt 1.8; A2021-33\ns 5\nChange of name entries in register\ns 21 am A1998-12 s 6; A2001-44 amdt 1.351, amdt 1.352\nsub A2008-5 s 19\nam A2014-18 amdt 3.4; A2016-7 s 7, s 8; A2024-9 s 12;\nChange of name—restricted people\ndiv 3.2 hdg ins A2014-6 s 5\nDefinitions—div 3.2\ns 22A ins A2014-6 s 5\ndef change of name application ins A2014-6 s 5\ndef corresponding parole law ins A2014-6 s 5\ndef relevant director-general ins A2014-6 s 5\ndef restricted person ins A2014-6 s 5\nam A2016-4 amdt 1.7; A2019-31 s 5\n\nApplication for approval for restricted person to make change of name\napplication\ns 22B ins A2014-6 s 5\nDecision on s 22B application\ns 22C ins A2014-6 s 5\nNotice of decision\ns 22D ins A2014-6 s 5\nOffences—restriction on change of name application by restricted person\netc\ns 22E ins A2014-6 s 5\nRegistrar-general must not register change of name without relevant\ndirector-general’s approval\ns 22F ins A2014-6 s 5\nRegistrar-general may correct register\ns 22G ins A2014-6 s 5\nInformation-sharing\ns 22H ins A2014-6 s 5\nProtection of security sensitive information\ns 22I ins A2014-6 s 5\nACAT or court review—security sensitive information\ns 22J ins A2014-6 s 5\nDefinitions for pt 4\ns 23 om A2014-8 s 7\ndef birth certificate om A2005-20 amdt 3.28\ndef doctor om A2004-39 amdt 5.4\ndef sexual reassignment surgery om A2014-8 s 7\ndef transsexual person om A2014-8 s 7\nPeople with birth registered in the ACT\ndiv 4.1 hdg ins A2016-7 s 9\nApplication to alter register to record change of sex\ns 24 am A1998-12 s 7; A2001-44 amdts 1.353-1.356\nsub A2005-20 amdt 3.29\nam A2006-22 amdt 1.16 (A2006-22 rep before commenced by\namdt 1.6; A2014-8 s 8, s 9; A2016-7 s 10; A2020-40 s 6, s 7;\nA2024-9 ss 13-17; pars renum R35 LA; A2025-29 amdt 4.15\n\nEvidence in support of application\ns 25 sub A2014-8 s 10\nam A2016-18 amdts 3.19-3.21; A2016-7 s 11; A2020-40 s 9,\ns 10; ss, pars renum R33 LA\nsub A2024-9 s 18\nShowing information about sex on birth certificate\ns 27 am A2005-20 amdt 3.30; A2014-8 s 11\nsub A2024-9 s 19\nUse of old birth certificate to deceive\ns 28 sub A2005-54 amdt 1.51\nam A2014-8 s 11\nEntitlement not affected by change of sex\ns 29 hdg sub A2005-20 amdt 3.31\ns 29 sub A2014-8 s 12\nACT residents with birth registered elsewhere\ndiv 4.2 hdg ins A2016-7 s 12\nApplication for recognised details certificate\ns 29A ins A2016-7 s 12\nam A2020-40 s 11; A2024-9 ss 20-22; A2025-29 amdt 4.15\nEvidence in support of application for recognised details certificate\ns 29B ins A2016-7 s 12\nam A2020-40 s 12, s 13\nsub A2024-9 s 23\nIssue of recognised details certificate\ns 29C ins A2016-7 s 12\nEffect of recognised details certificate and interstate recognised details\ns 29D ins A2016-7 s 12\nNominating sex in applications under this part\ndiv 4.3 hdg ins A2024-9 s 24\nNominating sex in applications under this part\ns 29DA ins A2024-9 s 24\nACAT leave for certain applications\npt 4A hdg ins A2020-40 s 14\nApplication by young person for leave to apply for change of given name or\nsex etc\ns 29E ins A2020-40 s 14\nam A2021-33 s 6; A2024-9 s 25\nCopy of birth certificate for ACAT\ns 29EA ins A2021-33 s 7\n\nNotification about application\ns 29F ins A2020-40 s 14\nam A2021-33 s 8\nACAT hearing an application for leave etc\ns 29G ins A2020-40 s 14\nsub A2021-33 s 9\nACAT deciding an application for leave\ns 29H ins A2020-40 s 14\nam A2021-33 s 10\nCopy of order for registrar-general\ns 29I ins A2020-40 s 14\nHow to have a marriage registered\ns 31 am A2013-39 amdt 2.3 (A2013-39 never effective (see\nCivil unions\npt 5A hdg ins A2006-22 amdt 1.17 (A2006-22 rep before commenced by\nsub A2012-40 amdt 3.16\nParticulars of end of civil union\ns 32A ins A2006-22 amdt 1.17 (A2006-22 rep before commenced by\nsub A2009-41 amdt 1.1\nam A2009-57 amdt 1.1\nsub A2012-40 amdt 3.16; A2013-39 amdt 2.4 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55))\nHow civil partnerships are registered\ns 32AA ins A2009-41 amdt 1.1\nam A2009-57 amdts 1.2-1.6; ss renum R15 LA\nom A2012-40 amdt 3.16\nHow civil union is registered\ns 32B ins A2006-22 amdt 1.17 (A2006-22 rep before commenced by\nsub A2012-40 amdt 3.16\nom A2013-39 amdt 2.4 (A2013-39 never effective (see\n\nParticulars of end of civil union\ns 32C ins A2006-22 amdt 1.17 (A2006-22 rep before commenced by\nins A2012-40 amdt 3.16\nom A2013-39 amdt 2.4 (A2013-39 never effective (see\nCivil partnerships\npt 5B hdg ins A2012-40 amdt 3.16\nParticulars of civil partnership\ns 32D ins A2012-40 amdt 3.16\nParticulars of end of civil partnership\ns 32E ins A2012-40 amdt 3.16\nTransitional—particulars of termination of civil partnership not included\nbefore commencement day\ns 32F ins A2012-40 amdt 3.16\nexp 11 September 2012 (s 32F (4))\nWhen registration of deaths is required or authorised\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R3 LA\nCircumstances in which deaths are not to be registered\ns 34 sub A2005-20 amdt 3.32\nNotification and registration of deaths\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R3 LA\nNotification of deaths by doctors\ns 35 am A2001-44 amdt 1.357, amdt 1.358; A2005-20 amdt 3.33\nsub A2005-54 amdt 1.52\nam A2014-1 s 17; A2025-29 amdt 4.15\nCertificates of deaths subject to inquests\ns 36 am A2005-20 amdt 3.34\n(2)-(4) exp 2 June 2005 (s 36 (4))\nNotification by funeral directors etc\ns 37 am A2005-20 amdt 3.35\nsub A2005-54 amdt 1.53\nam A2014-18 amdt 3.4\nHow deaths are registered\ns 38 sub A2005-20 amdt 3.36\nInformation about tissue donation\ns 38A ins A2020-17 s 4\n\nKeeping the register\ndiv 7.1 hdg (prev pt 7 div 1 hdg) renum R3 LA\nThe register\ns 39 am A2005-20 amdt 3.37\n(5)-(7) exp 2 June 2005 (s 39 (7))\nInquiries\ndiv 7.2 hdg (prev pt 7 div 2 hdg) renum R3 LA\nRegistrar-general’s powers of inquiry\ns 41 am A2005-54 amdt 1.54; A2014-18 amdt 3.4\nAccess to, and certification of, register entries\ndiv 7.3 hdg (prev pt 7 div 3 hdg) renum R3 LA\nAccess to register\ns 42 am A2001-44 amdt 1.359, amdt 1.360\nsub A2005-20 amdt 3.38\nam A2024-24 amdt 3.1; ss renum R38 LA; A2025-29\nSearch of register\ns 43 am A2001-44 amdt 1.361, amdt 1.362\nsub A2005-20 amdt 3.38\nProtection of privacy\ns 44 am A2016-7 s 13\nIssue of certificates\ns 45 am A2005-20 amdt 3.39; A2020-40 s 15; A2021-33 s 11;\nA2024-24 amdt 3.2, amdt 3.3; ss renum R38 LA\nAdditional information and services\ndiv 7 4 hdg (prev pt 7 div 4 hdg) renum R3 LA\nAdditional services\ns 48 am A2001-44 amdt 1.363; A2005-20 amdt 3.40\nOffences\ndiv 7.5 hdg (prev pt 7 div 5 hdg) renum R3 LA\nFalse representations\ns 49 om A2004-15 amdt 2.18\nUnauthorised access to, or interference with, register\ns 50 sub A2005-54 amdt 1.55\n\nConfiscation of forged etc instruments\ns 51 hdg sub A2004-15 amdt 2.19; A2005-20 amdt 3.41\ns 51 am A2004-15 amdt 2.20; ss renum R5 LA (see A2004-15\namdt 2.21); A2005-20 amdt 3.42, amdt 3.44; pars renum\nR6 LA (see A2005-20 amdt 3.43); A2005-54 amdt 1.56;\nA2014-18 amdt 3.4; A2016-7 s 14\nConfiscation of erroneous or false instruments\ns 52 hdg sub A2005-20 amdt 3.45\ns 52 am A2005-20 amdts 3.46-3.48; A2005-54 amdt 1.57\nNotification and review of decisions\npt 8 hdg sub A2008-37 amdt 1.38\nMeaning of reviewable decision—pt 8\ns 53 sub A2008-37 amdt 1.38\nReviewable decision notices\ns 54 exp 2 June 2005 (s 64A (2))\nins A2008-37 amdt 1.38\nsub A2014-6 s 6\nApplications for review\ns 55 exp 2 June 2005 (s 64A (2))\nins A2008-37 amdt 1.38\nTransitional provisions\npt 9 hdg exp 2 June 2005 (s 64A (2))\nPreliminary\ndiv 9.1 hdg (prev pt 9 div 1 hdg) renum R3 LA\nBirths\ndiv 9.2 hdg (prev pt 9 div 2 hdg) renum R3 LA\nNotifications of births\ns 56 exp 2 June 2005 (s 64A (2))\nNotification of registrable particulars\ns 57 exp 2 June 2005 (s 64A (2))\nMedical certificates of causes of stillbirths\ns 58 exp 2 June 2005 (s 64A (2))\nChanges of name\ndiv 9.3 hdg (prev pt 9 div 3 hdg) renum R3 LA\n\nApplications\ns 59 exp 2 June 2005 (s 64A (2))\nOrders of Magistrates Court\ns 60 exp 2 June 2005 (s 64A (2))\nDeaths\ndiv 9.4 hdg (prev pt 9 div 4 hdg) renum R3 LA\nNotifications of deaths by doctors\ns 61 exp 2 June 2005 (s 64A (2))\nNotifications by coroners\ns 62 exp 2 June 2005 (s 64A (2))\nNotifications of disposal of remains\ns 63 exp 2 June 2005 (s 64A (2))\nOffences\ndiv 9.5 hdg (prev pt 9 div 5 hdg) renum R3 LA\nAvoidance of double jeopardy\ns 64 exp 2 June 2005 (s 64A (2))\nExpiry of part\ndiv 9.6 hdg ins A2005-20 amdt 3.49\nExpiry etc\ns 64A ins A2005-20 amdt 3.49\nCertificate evidence\ns 65 sub A2005-20 amdt 3.50; A2014-8 s 13\nam A2016-7 s 15; ss renum R27 LA\nArrangements with States and other Territories\ns 66 am A2005-20 amdt 3.51, amdt 3.52\nDetermination of fees\ns 67 sub A2001-44 amdt 1.364\nam A2006-42 amdt 3.1; A2025-29 amdt 4.15\nApproved forms\ns 69 sub A2001-44 amdt 1.365\nam A2005-20 amdt 3.53; A2006-42 amdt 3.1; A2025-29\n\nRegulation-making power\ns 70 ins A2001-44 amdt 1.365\nam A2004-1 amdt 1.18; A2016-7 s 16; A2024-31 amdt 1.4;\nActs repealed\nsch om R2 LRA\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.39\nam A2014-6 s 7; items renum R21 LA; A2016-7 s 17; items\nrenum R27 LA\ndict ins A2005-20 amdt 3.54\nam A2006-22 amdt 1.18 (A2006-22 rep before commenced by\namdt 1.8; A2008-37 amdt 1.40; A2012-40 amdt 3.17;\nA2013-39 amdt 2.5, amdt 2.6 (A2013-39 never effective (see\nHCA 55)); A2014-8 s 14; A2014-18 amdt 3.2, amdt 3.3\ndef adult ins A2005-20 amdt 3.54\ndef birth ins A2005-20 amdt 3.54\ndef birth certificate ins A2005-20 amdt 3.54\nam A2024-9 s 26\ndef birth parent ins A2019-3 s 10\ndef birth registration statement ins A2005-20 amdt 3.54\ndef change of name application ins A2014-6 s 8\ndef child ins A2005-20 amdt 3.54\ndef corresponding law ins A2005-20 amdt 3.54\ndef corresponding parentage law ins A2016-7 s 18\ndef corresponding parole law ins A2014-6 s 8\ndef death ins A2005-20 amdt 3.54\ndef doctor ins A2005-20 amdt 3.54\nom A2006-42 amdt 3.2\ndef interstate recognised details certificate ins A2016-7\ns 18\ndef parental responsibility ins A2014-8 s 15\ndef parents ins A2005-20 amdt 3.54\ndef prohibited name ins A2005-20 amdt 3.54\ndef recognised details certificate ins A2016-7 s 18\ndef register ins A2005-20 amdt 3.54\ndef registering authority ins A2005-20 amdt 3.54\n\ndef registrable event ins A2005-20 amdt 3.54\nam A2006-22 amdt 1.19 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.9; A2012-40 amdt 3.18;\nA2013-39 amdt 2.7 (A2013-39 never effective (see\ndef registrable information ins A2005-20 amdt 3.54\ndef relevant director-general ins A2014-6 s 8\ndef restricted person ins A2014-6 s 8\ndef repealed Act ins A2005-20 amdt 3.54\ndef reviewable decision ins A2008-37 amdt 1.41\ndef sexual reassignment surgery ins A2005-20 amdt 3.54\nom A2014-8 s 16\ndef stillbirth ins A2005-20 amdt 3.54\ndef stillborn child ins A2005-20 amdt 3.54\nsub A2019-3 s 11\ndef transsexual person ins A2005-20 amdt 3.54\nom A2014-8 s 16\ndef young person ins A2020-40 s 16\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1998-12 31 July 1999\n2 A2000-51 15 December 2000\n3 A2001-44 12 September 2001\n4 A2004-1 22 March 2004\n5 A2004-15 9 April 2004\n6 A2005-20 2 June 2005\n7 A2005-20 3 June 2005\n8 A2005-20 7 July 2005\n9* A2005-54 24 November 2005\n10 A2006-42 16 November 2006\n11 A2008-14 19 May 2008\n12 A2008-14 1 July 2008\n13 A2008-37 2 February 2009\n14 A2009-41 19 November 2009\n15 A2009-57 18 December 2009\n16 A2011-27 13 September 2011\n17 A2011-52 12 December 2011\n18 A2012-40 11 September 2012\n19 A2012-40 12 September 2012\n20 A2013-39 (never effective) ≠ 7 November 2013\n20 (RI) A2013-39 (never effective) ≠ 24 February 2014\n\n5 Earlier republications\nRepublication No Amendments to Republication date\n21 A2014-6 28 March 2014\n22 A2014-6 2 April 2014\n23 A2014-8 26 April 2014\n24 A2014-18 10 June 2016\n25 A2016-4 2 March 2016\n26 A2016-18 27 April 2016\n27 A2016-7 29 August 2016\n28 A2019-3 27 February 2019\n29 A2019-42 14 November 2019\n30 A2019-42 3 December 2019\n31 A2019-42 28 February 2020\n32 A2020-17 6 May 2021\n33 A2020-40 20 August 2021\n34 A2021-33 31 December 2021\n35 A2024-9 29 March 2024\n36 A2024-31 10 July 2024\n37 A2024-31 28 March 2025\n38 A2024-31 3 November 2025\n≠ reissue because of High Court decision in relation to A2013-39\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":94}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since the original 1997 framework to cover additional registrable events, identities and administrative arrangements. The text now explicitly covers civil unions and civil partnerships (Parts 5A and 5B, ss 32A–32E), formal processes for recording or recognising change of sex and issuing recognised details certificates to ACT residents whose births were registered elsewhere (Part 4, ss 24–29D), ACAT leave procedures for young persons (Part 4A, ss 29E–29I), intended parent/parentage order registration and re-registration (ss 16A–16B), acknowledgement of tissue donation on death records (s 38A), and a targeted regime restricting name-change applications by people in custody or on parole with information-sharing and security-sensitive information handling (div 3.2, ss 22A–22J). Operational powers for service agreements and additional fee arrangements (s 48) and stronger correction/confiscation powers (ss 51–52) also broaden administrative implementation. These additions are visible in the Act’s substantive parts and headings cited above."},"complexity_factors":["Multiple subject-matters combined in one statute (births, deaths, marriages, civil unions, civil partnerships, name changes, sex changes) increasing cross-references (entire Act).","Detailed procedural requirements with short statutory timeframes for multiple actors (hospitals, doctors, funeral directors, parents) (see ss 5, 35, 37).","Significant administrative discretion vested in the registrar-general (accept incomplete statements, access decisions, corrections, confiscations) (see ss 9(2), 40, 42, 51–52).","Special approval and information-sharing regime for restricted persons involving corrections director-generals and offences (ss 22A–22H).","Separate ACAT leave and hearing procedures for young applicants including private hearings, notice rules and limited disclosure for security-sensitive material (Part 4A, ss 29E–29I; ss 22I–22J).","Cross-jurisdictional recognition and interaction with corresponding laws, parentage orders and interstate certificates requiring coordination (ss 7(2), 16A–16B, 29D, 66).","Mixed standards of proof and liability: strict liability for multiple notification offences and high-penalty criminal offences for document misuse (s 5(6), s 10(2), s 50, s 28).","Statutory privacy carve-outs (eg manner of death) and policy-based access regimes that require case-by-case balancing (ss 42–46).","Extensive amendment history and regulatory delegation (regulations, approved forms, Minister determinations) add interpretive layers (ss 67–70)."],"plain_english_summary":"# What this law does, who it affects and how it works\n\nThis Act sets out how births, deaths, marriages, civil unions, civil partnerships, changes of name and changes of sex are recorded and managed in the Australian Capital Territory (ACT). It creates the register(s) the registrar-general must keep, specifies who must give information and when, sets time limits and documentary requirements, provides powers to correct and protect records, creates offences and penalties for improper conduct, and describes internal review and external review routes (including ACAT and courts).\n\nKey mechanical changes and rules\n\n- It requires notification and registration of births and stillbirths, who is responsible for notifying, and time limits for notices (e.g. responsible person must notify within 7 days for a live birth and 48 hours for a stillbirth) (see s 5).  Doctors and hospitals have specific notification duties (s 5(3)–(4)).\n- It prescribes how births are registered, by whom, what particulars are included, and how parentage is recorded or later amended (see ss 9–16, 16A–16B). The registrar-general can accept incomplete statements in some circumstances (s 9(2)).\n- It allows changes of name by registration for adults, children and young persons, and sets identity, fraud-prevention and evidentiary checks the registrar-general must be satisfied of before registering a change (see ss 17–21, 19A, 20). Fees for these services may be set by the Minister (s 67) and the registrar-general may remit fees (s 68).\n- It creates a special approval process for 'restricted persons' (people serving sentences or on parole) who want to apply to change their name: they must obtain approval from a relevant director-general; unlawful applications carry an offence (see ss 22A–22G). The Act also provides for information sharing between corrections authorities and the registrar-general (s 22H) and for protected handling of security-sensitive material in review proceedings (ss 22I–22J).\n- It provides for alteration of a person’s recorded sex in the birth register and for issuing a recognised details certificate to ACT residents whose births were registered interstate (see Part 4, ss 24–29D). It allows applicants to nominate their sex using open text except where a term would be obscene or practically unworkable (s 29DA).\n- For younger applicants (under 14), the ACT Civil and Administrative Tribunal (ACAT) may grant leave for a child to apply for a change of given name, change of sex record, or recognised details certificate; the Act sets out notice, privacy and hearing procedures the ACAT must follow (see Part 4A, ss 29E–29I, 29F–29H).\n- It requires registration of marriages, civil unions and civil partnerships entered into under ACT law, and sets short timeframes for celebrants to notify the registrar-general (see Parts 5, 5A, 5B; ss 30–32C, 32D–32E).\n- It requires doctors and funeral directors to notify deaths and certain facts within set timeframes (doctor: 48 hours for death and cause where doctor has relevant knowledge; funeral director: statements within 7, 28 or 30 days depending on disposal) and describes how deaths are entered on the register (see ss 33–38).\n- The registrar-general must maintain registers and indexes, may carry out inquiries and compel information (s 39–41), controls access to register entries subject to privacy and policy rules (ss 42–46), and issues formal certificates that are evidence in proceedings (s 65).\n- The Act creates offences for unauthorised access or interference with the register and for producing or holding forged or erroneous certificates; penalties and strict liability rules apply to many notification offences (see ss 5, 10, 28, 35, 37, 50–52).\n\nWho pays and who decides\n\n- Fees for services (searches, certificates, change registrations and optional services) are set by the Minister and may be charged or remitted by the registrar-general (ss 67–68). The registrar-general can also agree separate fees for additional services (s 48(3)–(4)).\n- The registrar-general is the central decision-maker for registering events, allowing access, correcting entries, entering into service agreements, and enforcing offences (see ss 39–41, 42–48, 50–52).  Courts (Magistrates Court, Supreme Court) and ACAT have roles for dispute resolution and review (see ss 13, 15, Part 4A, pt 8 and schedule 1).\n\nIncentives, compliance burdens and discretion points (source sections cited)\n\n- Incentives and costs: hospitals, doctors and funeral directors must supply information quickly and risk penalty units for non-compliance (birth notifications s 5; death notifications s 35; funeral director obligations s 37). Those costs fall on healthcare providers and funeral businesses as well as families in practice.\n- Administrative discretion: the registrar-general has broad discretion to accept incomplete registration statements (s 9(2)), to refuse or grant access based on an adequacy test and policy (s 42), to correct registers (s 40) and to confiscate forged or erroneous certificates (ss 51–52). That discretion affects how strictly procedural requirements bind applicants and third parties.\n- Restrictions on private choice: restricted persons (prisoners and parolees) cannot make name-change applications without correctional authority approval, and doing so is an offence (ss 22A–22F). This is a formal limitation on an individual’s ability to change legal identity without administrative authorisation.\n- Review and oversight: many decisions are reviewable by ACAT or courts (see schedule 1 and ss 53–55); the Act also prescribes private hearings and limited disclosure of security-sensitive material in reviews (ss 22J, 29G).\n- Cross-jurisdictional effects and recognition: the Act recognises and interacts with corresponding laws in other States and Territories for registration, parentage orders and interstate recognised details certificates (see ss 7(2), 16A, 29D, 66). This affects mobility and legal certainty for people born or registered elsewhere.\n- Privacy and targeted exclusions: access to some register material is restricted (for example, manner of death cannot be disclosed in searches or certificates) and the registrar-general must apply published access policies (ss 42(3), 45(3), 46). This limits public disclosure for privacy and sensitive public-health reasons.\n\nTrade-offs, implementation risk and likely practical effects\n\n- Trade-offs: the Act balances public-record integrity and evidentiary value (formal certificates, ss 45, 65) against privacy protections and limits on disclosure (ss 42–45). It also balances the public interest in accurate identity records with targeted limits on name changes for people under custodial supervision (ss 22A–22F).\n- Implementation risks: timely and accurate compliance depends on hospitals, doctors and funeral directors delivering notices within short deadlines (ss 5, 35, 37). The registrar-general’s discretionary powers (e.g. accepting incomplete statements, deciding access) create potential variation in practice and administrative appeals.\n- Effects on private enterprise: the registrar-general may contract out or enter arrangements for services and charge agreed fees (s 48). Those arrangements can create new revenue or service pathways for private providers (e.g. decorative certificates, genealogical services), but the Act requires the registrar-general to apply adequacy checks and privacy protections to those services (s 48(5)).\n\nWhy it matters (official purpose claims and a quick test)\n\n- Officially, the Act organises how vital events are recorded and how the register supports legal proof and public administration (see long title and ss 39–41).  That purpose is implemented by mandatory notifications, defined timeframes, evidence rules for certificates, and review paths (see ss 5, 35, 45, 65, schedule 1).\n- Testing that claim against costs and trade-offs: the law achieves legal certainty at the expense of administrative burdens on medical and funeral professionals and by vesting considerable discretion in the registrar-general and certain director-generals (s 9(2); ss 41; 22C–22D).  It also creates compliance costs for individuals wishing to change names or sex records (ss 19–21; Part 4; Part 4A).  Where the Act limits private choice (eg restricted persons, s 22E) it substitutes administrative control for purely private decision-making.\n\nUseful section references (quick map)\n\n- Birth notifications and registration: ss 5–16, 16A–16B\n- Change of name: ss 17–22G\n- Change of sex and recognised details certification: Part 4 (ss 24–29D) and Part 4A (ss 29E–29I)\n- Marriages, civil unions, civil partnerships: Parts 5, 5A, 5B (ss 30–32E)\n- Deaths and funeral director obligations: ss 33–38A\n- Registers, access, inquiries, certificates: ss 39–48, 65\n- Offences and penalties: ss 5, 10, 28, 35, 37, 50–52\n- Fees and approvals: ss 67–69\n- Reviewable decisions and review routes: schedule 1, ss 53–55\n\nThis summary is based on the Act text as in force and shows who pays (applicants, service providers), who decides (registrar-general, courts, ACAT, relevant director-generals), the compliance obligations and timelines, and the principal discretion and enforcement points (see the cited sections)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2695},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1997 purpose of basic vital statistics registration. It now functions as a comprehensive identity and relationship recognition statute. Major scope expansions include: the addition of civil unions and civil partnerships; detailed gender identity recognition provisions permitting self-identified sex markers (including non-binary options) without surgical requirements; surrogacy and assisted reproduction parentage frameworks; criminal justice oversight mechanisms for prisoner name changes; and specific tribunal pathways for minors seeking identity document changes."},"complexity_factors":["Nested age-based conditional logic creating tiered application pathways (e.g., under 12, 12–14, 14–17, 18+) for name and sex changes, each with different consent and tribunal leave requirements.","Extensive cross-referencing to other Territory statutes, including the Criminal Code, Parentage Act, Children and Young People Act, Corrections Management Act, and Civil Unions Act.","Dual approval mechanisms for \"restricted persons\" (prisoners and parolees) requiring concurrent authorization from both the Registrar-General and the relevant Director-General of corrections.","Detailed administrative tribunal procedures (ACAT) for minors under 14, including complex notification rules, private hearings, and special protections for \"security sensitive information\".","Distinction between registration processes for births occurring in the ACT (direct register alteration) versus interstate or overseas births (recognised details certificates).","Interaction with federal marriage law and complex provisions for recording parentage following surrogacy arrangements or adoption."],"plain_english_summary":"This Act establishes and manages the official register of life events in the Australian Capital Territory (ACT). It is the legal framework for recording births, deaths, marriages, civil unions, and civil partnerships, and for changing names and sex on official records.\n\n**Key things the Act does:**\n\n*   **Births**: Requires that every child born in the ACT be registered. Parents have a legal duty to lodge a birth registration statement within six months. Hospitals and doctors must notify the Registrar-General of births, including stillbirths. The Act includes special provisions for recording parentage where a child is born through surrogacy (parentage orders) and allows the Magistrates Court to resolve disputes about a child’s name.\n\n*   **Changing Names**: Adults and parents of children can apply to change their names. However, people in prison or on parole (\"restricted persons\") must first get approval from the relevant corrections Director-General. Young people aged 12 to 17 can apply to change their given names with parental consent, or if under 14, they can seek permission (\"leave\") from the ACT Civil and Administrative Tribunal (ACAT) to apply without full parental consent.\n\n*   **Changing Sex**: A person can apply to alter the sex recorded on their ACT birth certificate or apply for a \"recognised details certificate\" if born elsewhere. A person’s nominated sex can be recorded using any term that is not obscene or offensive (including non-binary descriptors), based on their own belief about their sex—no surgery or medical treatment is required. For children under 18, parents can apply on their behalf, or the child can apply themselves with parental consent if aged 12–14, or via ACAT leave if under 14.\n\n*   **Relationships and Deaths**: Requires registration of marriages solemnised in the ACT, as well as civil unions and civil partnerships. It also mandates registration of deaths, with doctors and funeral directors required to provide specific notices. The Act allows a notation on the register acknowledging tissue donation.\n\n*   **Access and Privacy**: The Registrar-General controls access to the register. Birth certificates issued under the Act are official proof of identity. The Act protects privacy by restricting access to sensitive information (such as the manner of death, including voluntary assisted dying) and allows adopted persons to request an \"integrated birth certificate\" showing both birth and adoptive parent details.\n\n**Who it affects and why it matters:**\nThe Act affects everyone in the ACT. It creates the legal foundation for identity—providing the certificates needed for passports, driver licences, and inheritance. It recognizes diverse family structures (surrogacy, same-sex relationships) and gender identities, and it balances individual rights with public safety concerns (for example, by monitoring name changes by serious offenders)."}},"importantCases":[],"_links":{"self":"/api/acts/births-deaths-and-marriages-registration-act-1997","history":"/api/acts/births-deaths-and-marriages-registration-act-1997/history","analysis":"/api/acts/births-deaths-and-marriages-registration-act-1997/analysis","conflicts":"/api/acts/births-deaths-and-marriages-registration-act-1997/conflicts","importantCases":"/api/acts/births-deaths-and-marriages-registration-act-1997/important-cases","documents":"/api/acts/births-deaths-and-marriages-registration-act-1997/documents"}}