{"id":"F2018L00351","name":"Registration of Deaths Abroad Regulations 2018","slug":"registration-of-deaths-abroad-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439560,"registerId":"F2018L00351-fast-fetch-1775955540522","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Registration of Deaths Abroad Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nRegistration of Deaths Abroad Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 15 March 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nJulie Bishop\n\nMinister for Foreign Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Registration of deaths—application\n\n6 Form of application for registration\n\n7 Manner of making application for registration\n\n8 Additional particulars for application for registration\n\nPart 3—Registration of deaths—Certificate of Death Abroad\n\n9 Particulars to be contained in Certificate of Death Abroad\n\n10 Particulars relating to person who has died\n\n11 Particulars relating to death, otherwise than by disappearance\n\n12 Particulars relating to the Registrar\n\n13 Particulars to be entered in the Register\n\nPart 4—Miscellaneous\n\n14 Fees\n\n15 Form of certificates by Registrar\n\n16 Manner of giving notices\n\nPart 5—Application, saving and transitional provisions\n\n17 Things done under the Registration of Deaths Abroad Regulations 1985\n\n18 Application—fees\n\nSchedule 1—Forms\n\nForm 1—Application for registration of a death abroad\n\nForm 2—Application for registration of the death abroad of a person who has disappeared\n\nForm 3—Certificate for copy or extract of entry in the Register\n\nSchedule 2—Repeals\n\nRegistration of Deaths Abroad Regulations 1985\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Registration of Deaths Abroad Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 23 March 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Registration of Deaths Abroad Act 1984.\n\n4  Schedules\n\n  Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Certificate of Death Abroad;\n\n(b) Register;\n\n(c) Registrar.\n\n  In this instrument:\n\nAct means the Registration of Deaths Abroad Act 1984.\n\nchild: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\nparent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\nPart 2—Registration of deaths—application\n\n \n\n6  Form of application for registration\n\n  For the purposes of paragraph 11(1)(a) of the Act, the form prescribed for an application for the registration of the death of a person is:\n\n (a) in the case of an application under subsection 10(1) of the Act—Form 1 in Schedule 1; or\n\n (b) in the case of an application under subsection 10(2) of the Act—Form 2 in Schedule 1.\n\n7  Manner of making application for registration\n\n  For the purposes of paragraph 11(1)(b) of the Act, the manner prescribed for making an application for the registration of the death of a person is by giving the application to the Registrar.\n\n8  Additional particulars for application for registration\n\n  For the purposes of paragraph 11(1)(m) of the Act, the other particulars prescribed for an application for the registration of the death of a person are:\n\n (a) in the case of an application under subsection 10(1) of the Act—the particulars mentioned in Form 1 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (e), (f), (g), (j) and (k) of the Act); or\n\n (b) in the case of an application under subsection 10(2) of the Act—the particulars mentioned in Form 2 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (h), (j) and (k) of the Act).\n\nPart 3—Registration of deaths—Certificate of Death Abroad\n\n \n\n9  Particulars to be contained in Certificate of Death Abroad\n\n  For the purposes of subsection 15(1) of the Act, in relation to the registration of the death of a person, the particulars relating to the person, the death and the Registrar set out in this Part are prescribed.\n\n10  Particulars relating to person who has died\n\n  The prescribed particulars relating to the person are the following:\n\n (a) surname;\n\n (b) given names;\n\n (c) date of death or date on which the person was last seen alive;\n\n (d) place of death or place at which the person was last seen alive;\n\n (e) gender;\n\n (f) date of birth;\n\n (g) place of birth;\n\n (h) last known occupation;\n\n (i) usual place of residence;\n\n (j) nationality;\n\n (k) relationship status;\n\n (l) surname, given names and any former name of spouse or de facto partner (if any);\n\n (m) first name, surname and date of birth of each child (if any);\n\n (n) surname, given names and any former surname of each parent.\n\n11  Particulars relating to death, otherwise than by disappearance\n\n  For the death of a person otherwise than in circumstances mentioned in paragraph 9(1)(a) of the Act, the prescribed particulars relating to the death are the following:\n\n (a) cause of death;\n\n (b) name of medical practitioner, coroner or authority furnishing particulars;\n\n (c) date of burial or cremation;\n\n (d) place of burial or cremation.\n\n12  Particulars relating to the Registrar\n\n  The prescribed particulars relating to the Registrar are the following:\n\n (a) name of the Registrar;\n\n (b) place of registration;\n\n (c) date application received by the Registrar.\n\n13  Particulars to be entered in the Register\n\n  For the purposes of section 16 of the Act, all particulars contained in a Certificate of Death Abroad are required to be entered in the Register.\n\nPart 4—Miscellaneous\n\n \n\n14  Fees\n\n (1) For the purposes of subsection 19(3) of the Act, the fee prescribed is the sum of the fixed component and the variable component.\n\n (2) In this section:\n\nfixed component means $9.\n\nvariable component means:\n\n (a) for an application made in the financial year ending on 30 June 2018—$46; or\n\n (b) for an application made in a later financial year—the variable component for an application made in the previous financial year increased by 4% (rounded down to the nearest dollar).\n\n15  Form of certificates by Registrar\n\n  For the purposes of paragraph 19(3)(b) of the Act, Form 3 in Schedule 1 is prescribed as the form for certification by the Registrar of a copy of, or an extract from, an entry in the Register.\n\n16  Manner of giving notices\n\n  For the purposes of subsections 20(4), 21(4) and 22(4) of the Act, a notice to a person who applied for the registration of a death may be given by sending it by registered post addressed to the person at the person’s address given in the application.\n\nPart 5—Application, saving and transitional provisions\n\n \n\n17  Things done under the Registration of Deaths Abroad Regulations 1985\n\n (1) If:\n\n (a) a thing was done for a particular purpose under the Registration of Deaths Abroad Regulations 1985 as in force immediately before those Regulations were repealed; and\n\n (b) the thing could be done for that purpose under this instrument;\n\nthe thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n18  Application—fees\n\n  Section 14 applies in relation to applications made on or after the commencement of this instrument.\n\nSchedule 1—Forms\n\nNote: See sections 6 and 15.\n\nForm 1—Application for registration of a death abroad\n\n \n\n- BIRTHS, DEATHS AND MARRIAGES APPLICATION TO REGISTER A DEATH ABROAD\n- | Form 1 ‑ ADA |\n| --- | Registration of Deaths Abroad Act 1984 (Cth)Registration of Deaths Abroad Regulations 2018 (Cth)\n\n\n \n\n| Applicant’s phone number |  |  | Registration Number<br>(Office use only) |  |\n| --- | --- | --- | --- | --- |\n\n\n \n\n- PARTICULARS OF DECEASED\n- Surname Given Name(s)\n- Date of Death Time of Death Place of Death\n- / / am/pm\n- If the death occurred on board a flying craft or ship: (a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of death (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage\n- (a) (b) (c) (d) (e)\n- Date of Birth Gender Place of Birth\n- / /\n- Nationality Last known occupation\n- Relationship status (e.g. married, de facto, single, divorced, widowed) Surname of spouse or de facto partner (if applicable)\n- Former name of spouse or de facto partner (if applicable) Given Name(s) of spouse or de facto partner (if applicable)\n- Children of the deceased (first name, surname) Date of Birth Gender Deceased\n- / / oNo oYes\n- / / oNo oYes\n- / / oNo oYes\n- / / oNo oYes\n- Parent Surname (e.g. mother) Parent Former Surname (if any) Parent Given Name(s)\n- Parent Surname (e.g. father) Parent Former Surname (if any) Parent Given Name(s)\n\n\n \n\n- Details of Residence\n- Usual place of residence\n- Where person resided in Australia at any time, the address/es at which the person resided Period of residence\n- Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.\n- (a)\n- (b)\n- (c)\n- (d)\n\n\n \n\n| Particulars of benefits payable by commonwealth |\n| --- |\n| If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit. |\n|  |\n\n\n \n\n| Medical particulars |\n| --- |\n| Cause of death |\n|  |\n|  |\n|  |\n|  |\n|  |\n| Full name of medical practitioner, coroner or other authority furnishing medical particulars |\n|  |\n\n\n \n\n- BuRIAL/CREMATION PARTICULARS\n- Date of Burial/Cremation Place of Burial/Cremation\n- / /\n\n\n \n\n- DeTAILS OF APPLICANT\n- Rank or Title Surname Given Name(s)\n- Relationship to deceased If not related, period applicant knew the deceased\n- If not related, grounds on which the applicant knows the identity of the deceased\n- Has an application for registration of death been made to any authority and, if not the Registrar, which authority\n- If an application for registration of death was made to any authority, was the application refused and reason\n\n\n \n\n- DECLARATION BY APPLICANT\n- I, (full name) being a (occupation)\n- of (address)\n- Email address:\n- certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.\n- Signature: Date:\n\n\nForm 2—Application for registration of the death abroad of a person who has disappeared\n\n \n\n- BIRTHS, DEATHS AND MARRIAGES APPLICATION TO REGISTER A DEATH ABROAD OF A PERSON WHO HAS DISAPPEARED\n- | Form 2 ‑ ADD |\n| --- | Registration of Deaths Abroad Act 1984 (Cth)Registration of Deaths Abroad Regulations 2018 (Cth)\n\n\n \n\n| Applicant’s phone number |  |  | Registration Number<br>(Office use only) |  |\n| --- | --- | --- | --- | --- |\n\n\n \n\n- PARTICULARS OF DECEASED\n- Surname Given Name(s)\n- Date last seen alive Time last seen alive Place last seen alive\n- / / am/pm\n- Date of Birth Gender Place of Birth\n- / /\n- Nationality Last known occupation\n- Relationship status (e.g. married, de facto, single, divorced, widowed) Surname of spouse or de facto partner (if applicable)\n- Former name of spouse or de facto partner (if applicable) Given Name(s) of spouse or de facto partner (if applicable)\n- Children of the deceased (first name, surname) Date of Birth Gender Deceased\n- / / oNo oYes\n- / / oNo oYes\n- / / oNo oYes\n- / / oNo oYes\n- Parent Surname (e.g. mother) Parent Former Surname (if any) Parent Given Name(s)\n- Parent Surname (e.g. father) Parent Former Surname (if any) Parent Given Name(s)\n\n\n \n\n- DETAILS OF RESIDENCE\n- Usual place of residence\n- Where person resided in Australia at any time, the address/es at which the person resided Period of residence\n\n\n \n\n| PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH |\n| --- |\n| Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. |\n| (a) |\n| (b) |\n| (c) |\n| (d) |\n| If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit. |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n\n\n \n\n- PARTICULARS OF WITNESSES\n- Surname of witness who last saw person alive Given Name(s) of witness who last saw person alive\n- Address of witness who last saw person alive\n\n\n \n\n- Surname of other witness who last saw person alive Given Name(s) of other witness who last saw person alive\n- Address of other witness last saw person alive\n- Surname of other witness who last saw person alive Given Name(s) of other witness who last saw person alive\n- Address of other witness last saw person alive\n\n\n \n\n| Particulars of Disappearance |\n| --- |\n| Such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n| Particulars of the grounds the applicant has for believing that the person has died |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n|  |\n| (a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of disappearance (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage |\n| <br>(a)     (b)     (c)<br> <br>(d)     (e)<br> |\n\n\n \n\n- Documents in support of application\n- List the documents furnished as evidence that the person is dead\n\n\n \n\n- DeTAILS OF APPLICANT\n- Rank or Title Surname Given Name(s)\n- Relationship to deceased If not related, period applicant knew the deceased\n- If not related, grounds on which the applicant knows the identity of the person who has disappeared\n- Has an application for registration of death been made to any authority and, if not the Registrar, which authority\n- If an application for registration of death was made to any authority, was the application refused and reason\n\n\n \n\n- DECLARATION BY APPLICANT\n- I, (full name) being a (occupation)\n- of (address)\n- Email address:\n- certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.\n- Signature: Date:\n\n\n \n\nForm 3—Certificate for copy or extract of entry in the Register\n\n \n\n \n\nRegistration of Deaths Abroad Regulations 2018\n\n \n\nCOMMONWEALTH OF AUSTRALIA\n\n \n\nI hereby certify that the above particulars are contained in an entry in the Register kept in the Australian Capital Territory.\n\n \n\nGiven under my hand and seal this (insert date).\n\n \n\n(signed)\n\nRegistrar of Deaths Abroad\n\nSchedule 2—Repeals\n\n \n\nRegistration of Deaths Abroad Regulations 1985\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as the original 1985 regulations it replaces. It continues to govern the same core function — administrative procedures for registering overseas deaths of Australians — without expanding into new substantive areas. The updates are procedural (modernised forms, updated fees, contemporary legislative drafting style) rather than scope-altering."},"complexity_factors":["Straightforward structure with only 5 Parts and 18 sections","Minimal cross-referencing — primarily references back to the parent Act (Registration of Deaths Abroad Act 1984) for key definitions","Only 2 defined terms in the instrument itself ('fixed component' and 'variable component' for fee calculation)","Simple conditional logic limited to fee indexation (4% annual increase) and two alternative application pathways (normal death vs disappearance)","Self-contained forms in Schedule 1, though these contain extensive fields (approximately 30-40 data points per form)","Single transitional provision preserving actions taken under repealed regulations"],"plain_english_summary":"This instrument updates the rules for registering deaths of Australians that occur overseas, replacing 1985 regulations with new administrative forms, fee rules and required certificate/register information, while preserving prior acts under the old rules. It affects families, the Registrar of Deaths Abroad, and anyone seeking death records — providing an Australian legal record needed for estate, insurance, superannuation and repatriation processes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces the Registration of Deaths Abroad Regulations 1985 (Schedule 2) and mainly updates procedural matters—forms, required particulars, fee calculation and methods for notices—under the authority of the Act (reg 3; regs 6–16). Section 17 preserves things done under the 1985 Regulations, indicating no intended substantive expansion of scope; the principal operational change is updated administrative detail and an indexed fee (reg 14)."},"complexity_factors":["Direct cross-references to provisions of the Registration of Deaths Abroad Act 1984 throughout the instrument (see regs 6–8, 9 and heading ‘Authority’ at reg 3), which require users to consult both instruments.","Prescriptive, itemised data requirements for applications and the Certificate of Death Abroad (regs 10–13 and Schedule 1 Forms 1–2), increasing form-completion burden for applicants.","Fee structure combining a fixed component and an annually indexed variable component with rounding (reg 14(1)–(2)), introducing minor arithmetic and yearly updates by reference to previous financial year.","Simple procedural rules for lodging applications and giving notices (reg 7 and reg 16) — low legal discretion but strict method requirements (e.g. registered post for notices).","Transitional saving and full repeal of the 1985 Regulations (reg 17 and Schedule 2) — continuity mechanism reduces legal uncertainty but requires checking past instruments for historical actions.","Overall low policymaking discretion within the instrument; most content is administrative prescription rather than substantive rule‑making, which lowers interpretive complexity."],"plain_english_summary":"**What it does:** This instrument replaces earlier rules and prescribes the forms, required particulars, fees and simple procedures for registering deaths that occur outside Australia. \n\nApplicants (typically relatives or witnesses) pay the prescribed fee (a $9 fixed component plus a variable component indexed annually). It sets what the Registrar must record and how certified copies or notices are to be given, and repeals the 1985 Regulations."}},"importantCases":[],"_links":{"self":"/api/acts/registration-of-deaths-abroad-regulations-2018","history":"/api/acts/registration-of-deaths-abroad-regulations-2018/history","analysis":"/api/acts/registration-of-deaths-abroad-regulations-2018/analysis","conflicts":"/api/acts/registration-of-deaths-abroad-regulations-2018/conflicts","importantCases":"/api/acts/registration-of-deaths-abroad-regulations-2018/important-cases","documents":"/api/acts/registration-of-deaths-abroad-regulations-2018/documents"}}