{"id":"sa:births-deaths-and-marriages-registration-act-1996","name":"Births, Deaths and Marriages Registration Act 1996","slug":"sa-births-deaths-and-marriages-registration-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438033,"registerId":"sa:births-deaths-and-marriages-registration-act-1996-seed-1775954627048-7pgj1m","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Births, Deaths and Marriages Registration Act 1996","content":"South Australia\nBirths, Deaths and Marriages Registration Act 1996\nAn Act about the registration of births, deaths and marriages and related matters.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects of Act\n4\tInterpretation\nPart 2—Administration\nDivision 1—The Registrar\n5\tRegistrar\n6\tRegistrar's functions\n7\tRegistrar's staff\n8\tDelegation\nDivision 2—Execution of documents\n9\tThe Registrar's seal\n10\tExecution of documents\nDivision 3—Reciprocal administrative arrangements\n11\tReciprocal administrative arrangements\nPart 3—Registration of births\nDivision 1—Notification of births\n12\tNotification of births\nDivision 2—Registration of births\n13\tCases in which registration of birth is required or authorised\n14\tHow to have the birth of a child registered\n15\tResponsibility to have birth registered\n16\tObligation to have birth registered\n17\tRegistration\nDivision 3—Alteration of details of birth registration\n18\tAlteration of details of parentage after registration of birth\nDivision 4—Court orders relating to registration of birth\n19\tApplication to Court\n20\tPower to direct registration of birth etc\nDivision 5—Child's name\n21\tName of child\n22\tDispute about child's name\nDivision 6—Surrogacy orders\n22A\tSurrogacy orders\nPart 4—Change of name\nDivision 1—General requirements for change of name\n23\tChange of name by registration\n24\tApplication to register change of adult's name\n25\tApplication to register change of child's name\n25A\tChange of name of child under guardianship\n26\tChild's consent to change of name\n27\tRegistration of change of name\n28\tEntries to be made in the Register\n29\tChange of name may still be established by repute or usage\n29A\tSaving provision—surrogacy arrangements\nDivision 2—Requirements for change of name of restricted persons\n29B\tInterpretation\n29C\tApplication of Division\n29D\tApplication for change of name by or on behalf of restricted person\n29E\tApproval by supervising authority for change of name of restricted person\n29F\tAdditional requirements for registration of change of name of restricted person\n29G\tInformation exchange between Registrar and supervising authority\nPart 4A—Change of sex or gender identity\nDivision 1—Preliminary\n29H\tPreliminary\nDivision 2—Applicants born in South Australia\n29I\tApplication to change sex or gender identity\n29J\tApplication to change child's sex or gender identity\n29K\tMaterial supporting application\n29L\tChange of sex or gender identity\n29M\tSpecial provision relating to access to Register and issue of extracts and certificates\n29N\tUse of old birth certificate to deceive\nDivision 3—South Australian residents born outside Australia\n29O\tApplication for identity acknowledgement certificate\n29P\tApplication for identity acknowledgement certificate in respect of child\n29Q\tIssue of identity acknowledgement certificate\n29R\tEffect of identity acknowledgement certificate\nDivision 4—General provisions\n29S\tRegistrar may limit number of applications\n29T\tEntitlement not affected by change of sex or gender identity\n29U\tChange of sex or gender identity—interaction with other laws\nPart 5—Registration of marriages\n30\tCases in which registration of marriage is required\n31\tHow to have marriage registered\n32\tRegistration of marriage\nPart 6—Registration of deaths\nDivision 1—Cases where registration of death is required or authorised\n33\tDeaths to be registered under this Act\nDivision 2—Court or Tribunal orders relating to registration of death\n34\tApplication to Tribunal\n35\tPower to direct registration of death etc\nDivision 3—Notification of deaths\n36\tNotification of deaths by doctors\n37\tNotification by coroner\n38\tNotification by funeral director etc\nDivision 3A—Notification by court appointed guardians\n38A\tNotification by court appointed guardians\nDivision 4—Registration of death\n39\tRegistration\nPart 7—The Register\nDivision 1—Keeping the Register\n40\tThe Register\nDivision 2—Registrar's powers of inquiry\n41\tRegistrar's powers of inquiry\nDivision 3—Correction of Register\n42\tRegistrar's power to correct Register\nDivision 4—Access to, and certification of, Register entries\n43\tAccess to Register\n44\tSearch of Register\n45\tProtection of privacy\n46\tIssue of certificate\n47\tAccess policies\n48\tFees\n49\tPower to remit fees\n49A\tSaving provision—surrogacy arrangements\nPart 8—General power of review\n50\tReview\nPart 9—Miscellaneous\n51\tFalse representation\n52\tUnauthorised access to or interference with Register\n53\tFalsification of certificate etc\n55\tRegulations\nSchedule 1—Transitional\n1\tInterpretation\n3\tThe Register\n4\tThe Registrar and Deputy Registrars\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Births, Deaths and Marriages Registration Act 1996.\n3—Objects of Act\nThe objects of this Act are to provide for—\n\t(a)\tthe registration of births, deaths and marriages in South Australia; and\n\t(b)\tthe registration of changes of name; and\n\t(ba)\tthe registration of changes in sex or gender identity; and\n\t(c)\tthe keeping of registers for recording and preserving information about births, deaths, marriages and changes of name in perpetuity; and\n\t(d)\taccess to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State; and\n\t(e)\tthe issue of certified information from the registers; and\n\t(f)\tthe collection and dissemination of statistical information.\n4—Interpretation\nIn this Act—\nadult means a person who is 18 or above or, although under 18, is or has been married;\nauthorised celebrant means an authorised celebrant under the Marriage Act 1961 (Cwth);\nbirth means the expulsion or extraction of a child from its mother;\nchange of name includes an addition, omission or substitution;\nchild includes a still-born child;\ncorresponding law means a law of another State that provides for the registration of births, deaths and marriages;\nCourt means the Magistrates Court;\ncremated remains has the same meaning as in the Burial and Cremation Act 2013;\ndeath includes still-birth;\ndisposal of human remains means—\n\t(a)\tcremation of the remains; or\n\t(b)\tburial of the remains (including burial at sea); or\n\t(c)\tplacing the remains in a mausoleum or other permanent resting place; or\n\t(d)\tplacing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or\n\t(e)\tremoval of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);\ndoctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\ndonor means a person who provided human reproductive material for the purposes of an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) on the understanding that they would not be a parent or legal guardian of a child born as a consequence of the procedure;\ndonor conception means conception of a child by an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) using human reproductive material provided by a donor;\nfuneral director means a person who carries on the business of arranging for the disposal of human remains;\nhuman remains includes the remains of a still-born child;\nprohibited name means a name that—\n\t(a)\tis obscene or offensive; or\n\t(b)\tcould not practicably be established by repute or usage—\n\t(i)\tbecause it is too long; or\n\t(ii)\tbecause it consists of or includes symbols without phonetic significance; or\n\t(iii)\tfor some other reason; or\n\t(c)\tis contrary to the public interest for some other reason;\nregistrable event means a birth, change of name, change of sex or gender identity, death or marriage and includes the making or revocation of a surrogacy order;\nregistrable information means information that must or may be included in the Register1;\nRegister—See section 40;\nregistering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages;\nRegistrar means the Registrar of Births, Deaths and Marriages;\nState includes a Territory;\nstill-birth means the birth of a still-born child;\nstill-born child means a child of at least 20 weeks' gestation or, if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, with a body mass of at least 400 grams at birth, that exhibits no sign of respiration or heartbeat, or other sign of life, after birth but does not include the product of a procedure for the termination of pregnancy;\nsurrogacy order means an order under section 18 or 19 of the Surrogacy Act 2019;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nNote—\n1\tSee section 40(2).\nPart 2—Administration\nDivision 1—The Registrar\n5—Registrar\n\t(1)\tThe Registrar of Births, Deaths and Marriages is responsible, subject to the Minister's control and direction, for the administration of this Act.\n\t(2)\tThe Registrar is to be a Public Service employee.\n6—Registrar's functions\n\t(1)\tThe Registrar's general functions are to—\n\t(a)\testablish and maintain the registers1 necessary for the purposes of this Act or any other Act; and\n\t(b)\tadminister the registration system established by this Act and ensure that it operates efficiently, effectively and economically; and\n\t(c)\tensure that this Act is administered in the way best calculated to achieve its objects.\n\t(2)\tIn addition to the general functions referred to in subsection (1), the Registrar—\n\t(a)\tmay carry out any other function conferred on the Registrar by or under this Act or any other Act; and\n\t(b)\tmay do anything necessary or expedient to be done for the purposes of a function referred to in this section.\nNote—\n1\tThe registers are collectively referred to as the Register—See section 40.\n7—Registrar's staff\n\t(1)\tThe Registrar's staff consists of—\n\t(a)\tone or more Deputy Registrars of Births, Deaths and Marriages; and\n\t(b)\tthe other staff necessary for the proper administration of this Act.\n\t(2)\tA Deputy Registrar has the powers and functions of the Registrar but is subject to direction by the Registrar.\n\t(3)\tThe staff are to be Public Service employees.\n8—Delegation\n\t(1)\tThe Registrar may delegate powers or functions under this or any other Act.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\nDivision 2—Execution of documents\n9—The Registrar's seal\nThe Registrar has a seal.\n10—Execution of documents\n\t(1)\tThe Registrar may issue a certificate or other document under the Registrar's signature and seal, or a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or some other method authorised by regulation.\n\t(2)\tIf a document produced before a court, tribunal or an administrative authority or official is apparently under—\n\t(a)\tthe Registrar's signature and seal; or\n\t(b)\ta facsimile of the Registrar's signature and seal produced by stamp, machine imprint, or some other method authorised by regulation,\nthe court, tribunal, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority.\nDivision 3—Reciprocal administrative arrangements\n11—Reciprocal administrative arrangements\n\t(1)\tThe Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for—\n\t(a)\tthe exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and\n\t(b)\tthe exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act.\n\t(2)\tWhen an arrangement is in force under this section—\n\t(a)\tthe Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the powers and functions of the registering authority under the corresponding law; and\n\t(b)\tthe registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the powers and functions of the Registrar under this Act.\n\t(3)\tAn arrangement under this section may—\n\t(a)\testablish a data base in which information is recorded for the benefit of all the participants in the arrangement; and\n\t(b)\tprovide for access to information contained in the data base; and\n\t(c)\tprovide for payments by or to participants in the arrangement for services provided under the arrangement.\nPart 3—Registration of births\nDivision 1—Notification of births\n12—Notification of births\n\t(1)\tWhen a child is born in the State, the responsible person must give written notice of the birth to the Registrar including the particulars required by regulation.\nMaximum penalty: $1 250.\n\t(2)\tThe notice must be given—\n\t(a)\tin the case of a child born alive—within 7 days after birth;\n\t(b)\tin the case of a still-birth—within 48 hours after birth.\n\t(3)\tWhen notice of a still-birth is given, the responsible person must also give a doctor's certificate in a form approved by the Registrar, certifying the cause of foetal death, to—\n\t(a)\tthe Registrar; and\n\t(b)\tthe funeral director or other person who will be arranging for the disposal of the human remains.\nMaximum penalty: $1 250.\n\t(4)\tThe certificate must be completed by the doctor responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth.\n\t(5)\tIn this section—\nresponsible person means—\n\t(a)\tin the case of a child born in a hospital or brought to a hospital within 24 hours after birth—the chief executive officer of the hospital; or\n\t(b)\tin other cases—the doctor or midwife responsible for the professional care of the mother at the birth.\nDivision 2—Registration of births\n13—Cases in which registration of birth is required or authorised\n\t(1)\tIf a child is born in the State, the birth must be registered under this Act.\n\t(2)\tIf a court (whether of this or any other State or the Commonwealth) directs the registration of a birth, the birth must be registered under this Act.\n\t(3)\tIf a child is born in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the birth may be registered under this Act.\n\t(4)\tIf a child is born outside the Commonwealth, but—\n\t(a)\tthe child is to become a resident of the State; or\n\t(b)\tin the case of a still-born child—a person responsible for having the birth of the child registered is or is to become a resident of the State,\nthe birth may be registered under this Act.\n\t(5)\tHowever, the Registrar must not register a birth under subsections (3) or (4) if the birth is registered under a corresponding law.\n14—How to have the birth of a child registered\n\t(1)\tA person has the birth of a child registered under this Act by lodging a statement (the birth registration statement) in a form approved by the Registrar containing the information required by regulation.\n\t(2)\tIf the child was born as a result of donor conception, the birth registration statement must state that fact and include particulars of the identity (if known) of the donor.\n\t(3)\tThe fact that a person is described as a donor in a birth registration statement in accordance with this section, or in an entry about the birth in the Register—\n\t(a)\tdoes not constitute an acknowledgement of parentage for the purposes of the Family Relationships Act 1975 or any other law; and\n\t(b)\tdoes not otherwise operate to make that person the mother or father of the child for the purposes of any other law.\n15—Responsibility to have birth registered\n\t(1)\tThe parents of a child are jointly responsible for having the child's birth registered under this Act (and must both sign the birth registration statement) but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is impossible, impracticable or inappropriate for the other parent to join or be required to join in the application whether because of his or her death, disappearance, ill-health or unavailability or the need to avoid unwarranted distress or for some other reason.\n\t(2)\tIf a child is a foundling, the person who has custody of the child is responsible for having the child's birth registered.\n\t(3)\tThe Registrar may accept a birth registration statement from a person who is not responsible for having the child's birth registered if satisfied that—\n\t(a)\tthe person lodging the statement has knowledge of the relevant facts; and\n\t(b)\tthe child's parents are unable or unlikely to lodge a birth registration statement.\n16—Obligation to have birth registered\n\t(1)\tA person responsible for having the birth of a child registered must ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth.\nMaximum penalty: $1 250.\n\t(2)\tHowever, the Registrar must accept a birth registration statement even though it is lodged after the end of the 60 day period.\n17—Registration\n\t(1)\tThe Registrar registers a birth by making an entry about the birth in the Register including the particulars required by regulation.\n\t(2)\tHowever, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars.\nDivision 3—Alteration of details of birth registration\n18—Alteration of details of parentage after registration of birth\n\t(1)\tThe Registrar may include registrable information about a child's parents or a donor in the Register after registration of the child's birth if—\n\t(a)\tthe father and mother of the child make a joint application for the addition of the information; or\n\t(b)\tone parent of the child makes an application for the addition of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason.\n\t(2)\tThe Registrar must include or correct registrable information about a child's parents or a donor in the Register after registration of the child's birth if a court (whether of this or any other State or the Commonwealth) directs the inclusion or correction of the information in the Register or the Registrar is advised of a finding by a court that a particular person is a parent of the child.\n\t(3)\tAn application to the Registrar for the inclusion of registrable information in the Register—\n\t(a)\tmust be made in writing; and\n\t(b)\tmust include the information required by the Registrar; and\n\t(c)\tmust, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and other evidence the Registrar may require.\nDivision 4—Court orders relating to registration of birth\n19—Application to Court\nThe Court may, on application by an interested person or on its own initiative, order—\n\t(a)\tthe registration under this Act of a birth that has occurred in the State; or\n\t(b)\tthe inclusion or correction of registrable information about a birth or a child's parents in the Register.\n20—Power to direct registration of birth etc\nIf a court finds—\n\t(a)\tthat the birth of a person is not registered as required under this Act or a corresponding law; or\n\t(b)\tthat the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or incorrect,\nthe court may direct registration of the birth, or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require).\nDivision 5—Child's name\n21—Name of child\n\t(1)\tSubject to this section, the birth registration statement must state the name of the child.\n\t(2)\tThe name is a matter of choice for the person or persons lodging the statement1, but the Registrar may assign a name to a child if—\n\t(a)\tthe name stated in the birth registration statement is a prohibited name; or\n\t(b)\tthe birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child's name.\n\t(3)\tA birth registration statement relating to a still-born child need not state the name of the child.\nNote—\n1\tFor example, there is no requirement that the name be made up of both a surname and a given name or given names.\n22—Dispute about child's name\n\t(1)\tIf there is a dispute between parents about a child's name, either parent may apply to the Tribunal for a resolution of the dispute.\n\t(2)\tOn an application under subsection (1), the Tribunal may—\n\t(a)\tresolve the dispute about the child's name as the Tribunal considers appropriate; and\n\t(b)\torder the Registrar to register the child's name in a form specified in the order.\nDivision 6—Surrogacy orders\n22A—Surrogacy orders\n\t(1)\tOn receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy order about a child whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the child's birth and the child's name.\n\t(2)\tWithout limiting subsection (1), the Registrar must, in relation to the Register, make such entries and alterations as are necessary to give effect to the operation of the orders made by the Court under section 18(1) or 19(3) of the Surrogacy Act 2019 (as the case requires).\n\t(3)\tSubject to subsection (4), a certificate issued by the Registrar after the registration of the particulars provided in a notice under section 21 of the Surrogacy Act 2019—\n\t(a)\tmust only disclose and certify up‑to‑date particulars contained in an entry; and\n\t(b)\tmust not provide any information disclosing a change in a parent or parents of the relevant child, or a change in the name of the child (including by disclosing the name of, or information about, any birth parent who is no longer considered as a parent of the child).\n\t(4)\tA person—\n\t(a)\twho is the subject of a surrogacy order and who has attained the age of 18 years; or\n\t(b)\twho is a party to the surrogacy agreement that gave rise to a surrogacy order,\nis entitled to a certificate certifying all relevant entries in the Register.\n\t(5)\tOn the receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy order about a child whose birth is registered in another State, the Registrar must send a copy of the notice to the relevant registering authority.\nPart 4—Change of name\nDivision 1—General requirements for change of name\n23—Change of name by registration\nA person's name may be changed by registration of the change under this Part.\n24—Application to register change of adult's name\n\t(1)\tSubject to this Part, an adult person may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's name if—\n\t(a)\tthe person's birth is registered in the State; or\n\t(b)\t—\n\t(i)\tthe person was born outside Australia; and\n\t(ii)\tthe person's birth is not registered in another State or Territory; and\n\t(iii)\tthe person has been resident in the State for at least 12 consecutive months immediately before the date of the application.\n\t(2)\tThe Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name—\n\t(a)\tis sought for the purpose of the protection of the applicant or a child of the applicant; or\n\t(b)\tis related to a marriage or divorce of the applicant.\n\t(3)\tAn application under subsection (1) must contain a declaration by the person indicating whether he or she is, at the time of the making of the application—\n\t(a)\ta restricted person as defined in section 29B; or\n\t(b)\ta registrable offender within the meaning of the Child Sex Offenders Registration Act 2006.\n25—Application to register change of child's name\n\t(1)\tThe parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's name if—\n\t(a)\tthe child's birth is registered in the State; or\n\t(b)\t—\n\t(i)\tthe child was born outside Australia; and\n\t(ii)\tthe child's birth is not registered in another State or Territory; and\n\t(iii)\tthe child has been resident in the State for at least 12 consecutive months immediately before the date of the application.\n\t(1a)\tThe Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name—\n\t(a)\tis sought for the purpose of the protection of the child or the applicants; or\n\t(b)\tthe applicants have legally married and wish the child to change to the married name of both applicants.\n\t(1b)\tThe requirement under subsection (1)(b)(iii) does not apply if the Tribunal has approved the proposed change of a child's name under subsection (2)(c).\n\t(2)\tAn application for registration of a change of a child's name may be made by one parent if—\n\t(a)\tthe applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or\n\t(b)\tthere is no other surviving parent of the child; or\n\t(c)\tthe Tribunal approves the proposed change of name.\n\t(3)\tThe Tribunal may, on application by a child's parent, approve a proposed change of name for the child if satisfied that the change is in the child's best interests.\n\t(4)\tIf the parents of a child are dead, cannot be found, or for some other reason cannot exercise their parental responsibilities to a child, the child's guardian may apply for registration of a change of the child's name.\n\t(5)\tThis section does not apply in relation to a child during any period that section 25A applies in relation to the child.\n25A—Change of name of child under guardianship\n\t(1)\tThis section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires):\n\t(a)\ta child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age;\n\t(b)\ta child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months.\n\t(2)\tThe Chief Executive may, by notice in writing—\n\t(a)\tin the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or\n\t(b)\tin the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires),\ndirect the Registrar to register a change of the name of a child in relation to whom this section applies.\n\t(3)\tBefore giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so—\n\t(a)\tascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and\n\t(b)\t—\n\t(i)\ttake reasonable steps to notify the parents of the child of the proposed change of name; and\n\t(ii)\thave regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive.\n\t(4)\tThe Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so.\n\t(5)\tSections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section.\n\t(6)\tThe Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1).\n\t(7)\tNothing in this section prevents the name of a child being later changed in accordance with the law of the State.\n\t(8)\tA person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act).\n\t(9)\tThe regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section.\n\t(10)\tIn this section—\nChief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017;\nrepealed Act means the Children's Protection Act 1993.\n26—Child's consent to change of name\nA change of a child's name must not be registered unless—\n\t(a)\tthe child consents to the change of name; or\n\t(b)\tthe child is unable to understand the meaning and implications of the change of name.\n27—Registration of change of name\n\t(1)\tBefore registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar's satisfaction—\n\t(a)\tthe identity and age of the person whose name is to be changed; and\n\t(b)\tthat the change of name is not sought for a fraudulent or other improper purpose; and\n\t(c)\tif the person whose name is to be changed is a child—that the child consents to the change of name or is unable to understand the meaning and implications of the change of name.\n\t(2)\tIf the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law or by order of a court or tribunal, the change of name may be registered under this Act.\n\t(3)\tThe Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n28—Entries to be made in the Register\n\t(1)\tThe Registrar registers a change of name by making an entry about the change of name in the Register including the particulars required by regulation.\n\t(2)\tIf the applicant for registration of the change of name asks the Registrar to arrange for noting the change of name in the particulars of the person's birth, and the person's birth is registered under this Act or a corresponding law, the Registrar must—\n\t(a)\tif the birth is registered under this Act—note the change of name in the entry relating to the birth; or\n\t(b)\tif the birth is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\t(3)\tIf the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person's name as changed under this Part.\n29—Change of name may still be established by repute or usage\nThis Part does not prevent a change of name by repute or usage.\n29A—Saving provision—surrogacy arrangements\nThis Part does not limit the operation of Division 6 of Part 3.\nDivision 2—Requirements for change of name of restricted persons\n29B—Interpretation\nIn this Division—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nimmediate family of a person means any 1 or more of the following:\n\t(a)\ta spouse or domestic partner;\n\t(b)\ta parent (including a person who stands in the position, and undertakes the responsibilities, of a parent);\n\t(c)\ta grandparent;\n\t(d)\ta child (including an adult child);\n\t(e)\ta grandchild (including an adult grandchild);\n\t(f)\ta brother or sister;\nrestricted person means—\n\t(a)\ta prisoner; or\n\t(b)\ta prisoner released on parole or home detention under the Correctional Services Act 1982; or\n\t(c)\ta person subject to an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015; or\n\t(d)\ta person released on licence under the Sentencing Act 2017; or\n\t(e)\ta person or a class of persons declared by the regulations to be a restricted person;\nprisoner has the same meaning as in the Correctional Services Act 1982;\nspouse—a person is the spouse of another if they are legally married;\nsupervising authority means—\n\t(a)\tthe person holding or acting in the position of Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982; or\n\t(b)\ta person declared by the regulations to be a supervising authority in respect of a restricted person or a class of restricted person.\n29C—Application of Division\n\t(1)\tThe requirements and restrictions in this Division are in addition to the requirements and restrictions contained in Division 1.\n\t(2)\tThis Division does not apply to a change of name of a restricted person who is a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006.\nNote—\nThe Child Sex Offenders Registration Act 2006 provides for the requirements in relation to changing, or applying to change, the name of a registrable offender.\n29D—Application for change of name by or on behalf of restricted person\n\t(1)\tA restricted person must not—\n\t(a)\tapply to the Registrar to register a change of his or her name under this Act; or\n\t(b)\tapply to a registering authority to register a change of his or her name under a corresponding law,\nwithout the written approval of the supervising authority.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA person must not, on behalf of a restricted person—\n\t(a)\tapply to the Registrar to register a change of his or her name under this Act; or\n\t(b)\tapply to a registering authority to register a change of his or her name under a corresponding law,\nwithout the written approval of the supervising authority.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tIf a court convicts a person of an offence under subsection (1) or (2), the court may, on application by the prosecution, declare a change of name registered in relation to the person to be void and the Registrar must, on being notified of that declaration, correct the Register.\n29E—Approval by supervising authority for change of name of restricted person\n\t(1)\tThe supervising authority may approve the making of an application to the Registrar or a registering authority for registration for a change of name of a restricted person.\n\t(2)\tIn determining whether to grant an approval under subsection (1), the supervising authority must have regard to the following:\n\t(a)\tthe safety of the restricted person and other persons;\n\t(b)\tthe rehabilitation, care or treatment of the restricted person;\n\t(c)\twhether the proposed change of name—\n\t(i)\tcould be used to further an unlawful activity or purpose; or\n\t(ii)\tcould be used to evade or hinder the supervision of the restricted person; or\n\t(iii)\tcould be considered offensive to a victim of crime or the immediate family of a deceased victim of crime.\n\t(3)\tThe supervising authority must not approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person unless the supervising authority is satisfied that the change is necessary or reasonable.\n\t(4)\tThe supervising authority must, on approving the making of an application under subsection (1)—\n\t(a)\tas soon as practicable, give written notice of the approval to the person who intends to make the application; and\n\t(b)\tgive a copy of the written notice of approval to the Registrar or the registering authority (as the case requires).\n\t(5)\tThe supervising authority may, by instrument in writing, delegate to a person (including a person for the time being holding or acting in a particular position) a function or power of the supervising authority under this section.\n\t(6)\tA delegation under subsection (5)—\n\t(a)\tmay be unconditional or subject to conditions specified by the delegator; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in any matter; and\n\t(c)\tmay be further delegated; and\n\t(d)\tis revocable at will by the delegator.\n29F—Additional requirements for registration of change of name of restricted person\n\t(1)\tThe Registrar must not register a change of name of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for registration of a change of name.\n\t(2)\tThe Registrar must notify the supervising authority of a change of name of a restricted person.\n\t(3)\tThe Registrar may correct the Register if a change of name of a person has been registered in contravention of this Division.\n29G—Information exchange between Registrar and supervising authority\n\t(1)\tThe Registrar and the supervising authority may enter into an arrangement for the provision or exchange of information for the purposes of this Division.\n\t(2)\tInformation may be provided or exchanged in accordance with an arrangement under this section despite any other Act or law.\nPart 4A—Change of sex or gender identity\nDivision 1—Preliminary\n29H—Preliminary\n\t(1)\tIn this Part—\nclinical treatment—clinical treatment need not involve invasive medical treatment (and may include or be constituted by counselling);\ndesignated certificate means a certificate relating to the recognition of sex or gender identity issued under the law of another jurisdiction and recognised by the Registrar for the purposes of this Part;\nidentity acknowledgement certificate means a certificate issued under section 29Q;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nprescribed notification means a notification issued by another registering authority and recognised by the Registrar for the purposes of this Part;\npsychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).\n\t(2)\tFor the purposes of this Part, a reference to a change of a person's sex or gender identity includes, in the case of a person whose sex or gender identity has not been determined, a reference to the determination of the person's sex or gender identity.\n\t(3)\tFor the purposes of this Part, clinical treatment constituted by counselling only cannot be regarded as a sufficient amount of appropriate clinical treatment unless the period of the counselling is equal to or greater than the prescribed period.\nDivision 2—Applicants born in South Australia\n29I—Application to change sex or gender identity\n\t(1)\tSubject to this Part, a person of or above the age of 18 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's sex or gender identity.\n\t(2)\tAn application under this section must—\n\t(a)\tspecify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and\n\t(b)\tinclude the material required under section 29K.\n29J—Application to change child's sex or gender identity\n\t(1)\tSubject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's sex or gender identity.\n\t(2)\tHowever, an application under subsection (1) may only be made if—\n\t(a)\tthe child's birth is registered in the State; and\n\t(b)\tthe Tribunal approves the making of the application.\n\t(3)\tAn application under subsection (1) must—\n\t(a)\tspecify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and\n\t(b)\tinclude the material required under section 29K.\n\t(4)\tThe Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(b) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted.\n\t(5)\tIn determining whether or not to grant an approval, the Tribunal must take into account—\n\t(a)\twhether the child understands the meaning and implications of the making of an application to the Registrar; and\n\t(b)\twhether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and\n\t(c)\twhether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity; and\n\t(d)\twhether a designated certificate or a prescribed notification has been provided.\n\t(7)\tA child is to be taken to have the capacity to make an application under this section.\n29K—Material supporting application\nAn application under this Division must be accompanied by—\n\t(a)\ta statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity (including in the case of a person whose sex or gender identity has now become determinate); or\n\t(b)\tin the case of an applicant in relation to whom a designated certificate or a prescribed notification has been issued—\n\t(i)\ta copy of the designated certificate or prescribed notification (as the case may be); and\n\t(ii)\ta statement—\n\t(A)\tof a kind described in paragraph (a); or\n\t(B)\tby a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in the jurisdiction that issued the designated certificate or prescribed notification.\n29L—Change of sex or gender identity\nIf, on an application under this Division, the Registrar is satisfied that the applicant has undertaken a sufficient amount of appropriate clinical treatment in relation to their sex or gender identity, the Registrar may make an entry about the change of the person's sex or gender identity in the Register, including the particulars required by regulation.\n29M—Special provision relating to access to Register and issue of extracts and certificates\n\t(1)\tSubject to this section, an extract or certificate issued by the Registrar in relation to a person after the registration of a change in the person's sex or gender identity under this Part must only disclose and certify up‑to‑date particulars contained in the relevant entry.\n\t(2)\tWhere registration of a change in a person's sex or gender identity has occurred under this Part, the Registrar—\n\t(a)\tmust retain on the Register the particulars contained in the entry in the Register relating to the person's sex or gender identity before the registration of the change; but\n\t(b)\tmust not—\n\t(i)\tallow access to the particulars referred to in paragraph (a); or\n\t(ii)\tissue an extract or certificate from the Register showing the person's sex or gender identity before the registration of the change,\nunless application for access to the information or issue of the extract or certificate is made by—\n\t(iii)\tthe person; or\n\t(iv)\ta child of the person; or\n\t(v)\ta person or body specified by regulation.\n29N—Use of old birth certificate to deceive\n\t(1)\tA person who—\n\t(a)\tproduces a birth certificate to someone else that shows a person's sex or gender identity before the registration of a change in the person's sex or gender identity under this Part; and\n\t(b)\tproduces the certificate with intent to deceive,\nis guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tIt is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant.\n\t(3)\tIn this section—\nbirth certificate includes—\n\t(a)\ta copy of a birth certificate; and\n\t(b)\tan extract from a birth certificate.\nDivision 3—South Australian residents born outside Australia\n29O—Application for identity acknowledgement certificate\n\t(1)\tSubject to this Part, a person—\n\t(a)\twho is of or above the age of 18 years; and\n\t(b)\twho was born outside Australia; and\n\t(c)\twhose birth is not registered in another State or Territory; and\n\t(d)\twho has been resident in the State for at least 12 consecutive months immediately before the date of the application,\nmay apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate.\n\t(2)\tAn application under this section must—\n\t(a)\tspecify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have specified on the identity acknowledgement certificate; and\n\t(b)\tinclude a statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's gender identity.\n29P—Application for identity acknowledgement certificate in respect of child\n\t(1)\tSubject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate.\n\t(2)\tHowever, an application under subsection (1) may only be made if—\n\t(a)\tthe child was born outside Australia; and\n\t(b)\tthe child's birth is not registered in another State or Territory; and\n\t(c)\tthe child has been resident in the State for at least 12 consecutive months immediately before the date of the application; and\n\t(d)\tthe Tribunal approves the making of the application.\n\t(3)\tAn application under this section must—\n\t(a)\tspecify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have recorded specified on the identity acknowledgement certificate; and\n\t(b)\tinclude a statement by a medical practitioner or psychologist certifying that the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's gender identity.\n\t(4)\tThe Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(d) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted.\n\t(5)\tIn determining whether or not to grant an approval, the Tribunal must take into account—\n\t(a)\twhether the child understands the meaning and implications of the making of an application to the Registrar; and\n\t(b)\twhether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and\n\t(c)\twhether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity.\n\t(7)\tA child is to be taken to have the capacity to make an application under this section.\n29Q—Issue of identity acknowledgement certificate\nIf, on an application for an identity acknowledgement certificate, the Registrar is satisfied that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity, the Registrar may issue a certificate that acknowledges the person's sex or gender identity.\n29R—Effect of identity acknowledgement certificate\nIf an identity acknowledgement certificate is issued to a person under this Division, the person is of the sex or gender identity specified in the identity acknowledgement certificate.\nDivision 4—General provisions\n29S—Registrar may limit number of applications\n\t(1)\tThe Registrar may determine and publish on a website determined by the Registrar a limit on the number of applications that may be made under this Part in respect of a person.\n\t(2)\tIf—\n\t(a)\tthe number of applications that have been made under this Part in respect of a person is equal to or greater than the limit determined by the Registrar; and\n\t(b)\ta further application in respect of the person is made,\nthe Registrar may reject the application.\n\t(3)\tA person aggrieved by a decision of the Registrar to reject an application under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\n\t(4)\tAn application for review must be made within 28 days after the person received notice of the decision of the Registrar to reject the application referred to in subsection (2)(b).\n\t(5)\tOn a review, the Tribunal may—\n\t(a)\tconfirm the Registrar's decision; or\n\t(b)\tset aside the Registrar's decision and send the matter back to the Registrar with a direction that the application be accepted and dealt with in accordance with this Part.\n29T—Entitlement not affected by change of sex or gender identity\nA person who has an entitlement under a will, trust or other instrument does not lose the entitlement only because of a change in the person's sex or gender identity or the issue of an identity acknowledgement certificate under this Part, unless the will, trust or other instrument provides otherwise.\n29U—Change of sex or gender identity—interaction with other laws\nA person who has changed their sex or gender identity or has been issued an identity acknowledgement certificate under this Part will be taken to have satisfied a requirement under another Act or law that the person provide details of their sex if the person provides details of their sex or gender identity as changed.\nPart 5—Registration of marriages\n30—Cases in which registration of marriage is required\nIf a marriage is solemnised in the State, the marriage must be registered under this Act.\n31—How to have marriage registered\nA person may have a marriage registered by lodging with the Registrar a certificate of the marriage under the Marriage Act 1961 of the Commonwealth or, if the marriage was solemnised before the commencement of that Act, the evidence of the marriage required by the Registrar1.\nNote—\n1\tUnder section 50(4) of the Marriage Act 1961 of the Commonwealth the authorised celebrant is responsible for lodging the certificate of marriage with the Registrar.\n32—Registration of marriage\nA marriage may be registered by—\n\t(a)\tincluding the marriage certificate as part of the Register; or\n\t(b)\tincluding particulars of the marriage in the Register.\nPart 6—Registration of deaths\nDivision 1—Cases where registration of death is required or authorised\n33—Deaths to be registered under this Act\n\t(1)\tIf a person dies in the State, the death must be registered under this Act.\n\t(2)\tIf a court, tribunal or coroner (whether of this or any other State or the Commonwealth) directs the registration of a death, the death must be registered under this Act.\n\t(3)\tIf a person dies in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the death may be registered under this Act.\n\t(4)\tIf a person who is domiciled or ordinarily resident in the State dies outside the Commonwealth, or a person dies outside the Commonwealth leaving property in the State, the death may be registered under this Act.\n\t(5)\tHowever, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law.\n\t(6)\tIf a child is still-born, the child's death1 is not to be registered under this Part.\nNote—\n1\tie the foetal death. A child is defined to include a still-born child.\nDivision 2—Court or Tribunal orders relating to registration of death\n34—Application to Tribunal\nThe Tribunal may, on application by an interested person or on its own initiative, order—\n\t(a)\tthe registration under this Act of a death that has occurred in the State; or\n\t(b)\tthe inclusion or correction of registrable information about a death in the Register.\n35—Power to direct registration of death etc\nIf a court, tribunal or coroner finds—\n\t(a)\tthat the death of a person is not registered as required under this Act or a corresponding law; or\n\t(b)\tthat the registrable information contained in an entry about a death in the Register under this Act or a corresponding law is incomplete or incorrect,\nthe court, tribunal or coroner may direct registration of the death or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require).\nDivision 3—Notification of deaths\n36—Notification of deaths by doctors\n\t(1)\tA doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death, give written notice of the death to the Registrar, including the particulars required by regulation.\nMaximum penalty: $1 250.\n\t(2)\tHowever, a doctor—\n\t(a)\tneed not give a notice under this section if another doctor has given the required notice; and\n\t(b)\tmust not give a notice under this section if the State Coroner or a police officer is required to be notified of the death under the Coroners Act 2003.\nMaximum penalty: $1 250.\n\t(3)\tWhen notice of a death is given, the doctor must also give a certificate in a form approved by the Registrar, certifying the cause of death, to—\n\t(a)\tthe Registrar; and\n\t(b)\tthe funeral director or other person who will be arranging for the disposal of the human remains.\nMaximum penalty: $1 250.\n\t(4)\tIf a child is still-born, the child's death is not to be notified under this section1.\nNote—\n1\tIn the case of a still-birth notice must be given to the Registrar under section 12.\n37—Notification by coroner\n\t(1)\tIf the State Coroner is notified of a death under the Coroners Act 2003 or is inquiring into the cause of a death, the State Coroner must, as soon as practicable, notify the Registrar of that fact.\n\t(2)\tIf the State Coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the State Coroner must give a copy of the disposal authorisation or the finding to the Registrar.\n\t(3)\tThe Registrar may register a death even though the death is subject to an inquest or other coronial inquiry and a finding has not been made about the cause of death.\n\t(4)\tA certificate by the Registrar, certifying particulars contained in an entry about a death in the Register, issued before an inquest or other coronial inquiry into the cause of death is completed must be endorsed with the words: \"Incomplete registration—Cause of death subject to coronial inquiry\".\n38—Notification by funeral director etc\n\t(1)\tA funeral director or other person who arranges for the disposal of human remains must within 7 days after disposal of the remains give the Registrar a written statement of—\n\t(a)\tthe name and last residential address of the deceased or, in the case of a still-born child, the name and residential address of the parents of the still-born child; and\n\t(b)\tif the death was reported to a coroner—a statement of that fact; and\n\t(c)\tthe place and manner of disposal; and\n\t(d)\tthe information required by regulation.\nMaximum penalty: $1 250.\n\t(2)\tIf human remains (other than cremated remains) are removed from the State, the funeral director or other person who arranges for the removal of the remains from the State must, within 28 days after the remains are disposed of outside the State, give the Registrar a written statement of where and how the remains were disposed of, and the other information required by regulation.\nMaximum penalty: $1 250.\n\t(3)\tIf human remains have not been disposed of within 30 days after the date of death, the funeral director or other person who has custody of the remains must give the Registrar a written statement of—\n\t(a)\tthe name and last residential address of the deceased or, in the case of a still‑born child, the name and residential address of the parents of the still‑born child; and\n\t(b)\tif the death was reported to a coroner—a statement of that fact; and\n\t(c)\tthe information required by regulation.\nMaximum penalty: $1 250.\nDivision 3A—Notification by court appointed guardians\n38A—Notification by court appointed guardians\n\t(1)\tA person may give notice to the Registrar that a person named in the notice was a court appointed guardian (other than a parent) of a person who has died at the time of the death.\n\t(2)\tA notice under subsection (1) must—\n\t(a)\tbe given as soon as reasonably practicable after the death of the deceased; and\n\t(b)\tbe in writing in a form approved by the Registrar; and\n\t(c)\tinclude a copy of the order of the Youth Court of South Australia placing the child under the guardianship of the person named in the notice; and\n\t(d)\tinclude the information required by the Registrar.\n\t(3)\tThe Registrar may require a person giving notice under subsection (1)—\n\t(a)\tto provide further specified information or documents within a specified time; and\n\t(b)\tto verify, by statutory declaration, information provided for the purposes of the notice.\n\t(4)\tIn this section—\ncourt appointed guardian means a person (other than the Chief Executive) under the Children and Young People (Safety) Act 2017.\nDivision 4—Registration of death\n39—Registration\n\t(1)\tThe Registrar registers a death by making an entry about the death in the Register including the particulars required by regulation.\n\t(2)\tHowever, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars.\n\t(3)\tIf the Registrar has received a notice under section 38A, the Registrar must include the name of the guardian of the deceased named in the notice in the entry of the Register relating to the death of the deceased.\nPart 7—The Register\nDivision 1—Keeping the Register\n40—The Register\n\t(1)\tThe Registrar must maintain a register or registers1 of registrable events.\n\t(2)\tThe Register—\n\t(a)\tmust contain the particulars of each registrable event required under this Act, or another law, to be included in the Register; and\n\t(b)\tmay contain further information if its inclusion is authorised under the regulations.\n\t(3)\tThe Register may be wholly or partly in the form of a computer data base, in documentary form, or in another form the Registrar considers appropriate.\n\t(4)\tThe Registrar must maintain the indexes to the Register that are necessary to make the information contained in the Register reasonably accessible.\nNote—\n1\tA reference in this Act to the Register extends to all the registers kept under this subsection.\nDivision 2—Registrar's powers of inquiry\n41—Registrar's powers of inquiry\n\t(1)\tThe Registrar may conduct an inquiry to find out—\n\t(a)\twhether a registrable event has happened; or\n\t(b)\tparticulars of a registrable event; or\n\t(c)\twhether particulars of a particular registrable event have been correctly recorded in the Register.\n\t(2)\tThe Registrar may, by notice given to a person who may be able to provide information relevant to an inquiry under this section, require the person to answer specified questions or to provide other information within a time and in a way specified in the notice.\n\t(3)\tA person who fails, without reasonable excuse, to comply with a notice under subsection (2) is guilty of an offence.\nMaximum penalty: $1 250.\nDivision 3—Correction of Register\n42—Registrar's power to correct Register\n\t(1)\tThe Registrar may correct the Register—\n\t(a)\tto reflect a finding made on inquiry under Division 2; or\n\t(b)\tto bring the particulars contained in an entry about a registrable event into conformity with the most reliable information available to the Registrar of the registrable event.\n\t(2)\tThe Registrar corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry.\n\t(3)\tThe Registrar's power to correct the Register under this section is in addition to any other power of the Registrar under this Act.\nDivision 4—Access to, and certification of, Register entries\n43—Access to Register\n\t(1)\tThe Registrar may, on conditions the Registrar considers appropriate—\n\t(a)\tallow a person or organisation that has an adequate reason for wanting access to the Register, access to the Register; or\n\t(b)\tprovide a person or organisation that has an adequate reason for wanting information from the Register, with information extracted from the Register.\n\t(2)\tIn deciding whether an applicant has an adequate reason for wanting access to the Register, or information extracted from the Register, the Registrar must have regard to—\n\t(a)\tthe nature of the applicant's interest; and\n\t(b)\tthe sensitivity of the information; and\n\t(c)\tthe use to be made of the information; and\n\t(d)\tother relevant factors.\n\t(3)\tIn deciding the conditions on which access to the Register, or information extracted from the Register, is to be given under this section, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.\n44—Search of Register\n\t(1)\tThe Registrar may, on application, search the Register for an entry about a particular registrable event.\n\t(2)\tThe applicant must state the reason for the applicant's interest in the subject-matter of the search.\n\t(3)\tThe Registrar may reject the application if the applicant does not show an adequate reason for wanting the information to which the application relates.\n\t(4)\tIn deciding whether an applicant has an adequate reason for wanting information, the Registrar must have regard to—\n\t(a)\tthe relationship (if any) between the applicant and the person to whom the information relates; and\n\t(b)\tthe age of the entry; and\n\t(c)\tthe contents of the entry; and\n\t(d)\tother relevant factors.\n45—Protection of privacy\nIn providing information extracted from the Register, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy.\n46—Issue of certificate\n\t(1)\tOn completing a search of the Register, the Registrar may issue a certificate—\n\t(a)\tcertifying particulars contained in an entry; or\n\t(b)\tcertifying that no entry was located in the Register about the relevant registrable event.\n\t(1a)\tIf the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is still under the age of 18 years—\n\t(a)\twhere the person was born before the commencement of this subsection—\n\t(i)\tmay only indicate that the person was born as a result of donor conception (without providing any details of the donor)—\n\t(A)\tif the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or\n\t(B)\twith the written consent of each legal parent or guardian of the person; and\n\t(ii)\tmay only indicate that the person was born as a result of donor conception and include any details of the donor—\n\t(A)\tif the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or\n\t(B)\twith the written consent of the donor and each legal parent or guardian of the person; or\n\t(b)\twhere the person was born after the commencement of this subsection—must indicate that the person was born as a result of donor conception but may only include any details of the donor—\n\t(i)\tif the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or\n\t(ii)\twith the written consent of the donor and each legal parent or guardian of the person.\n\t(1b)\tIf the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is of or over the age of 18 years may, at the request of the person, do any of the following:\n\t(a)\tindicate that the person was born as a result of donor conception;\n\t(b)\tinclude any details of the donor.\n\t(1c)\tA failure to comply with a requirement of subsection (1a) or (1b) does not affect the admissibility or validity of a birth certificate.\n\t(2)\tA certificate under subsection (1)(a) is admissible in legal proceedings as evidence of—\n\t(a)\tthe entry to which the certificate relates; and\n\t(b)\tthe facts recorded in the entry.\n47—Access policies\n\t(1)\tThe Registrar must maintain a written statement of the policies on which access to information contained in the Register is to be given or denied under this Division.\n\t(2)\tThe Registrar must give a copy of the statement, on request, to any person.\n48—Fees\n\t(1)\tThe regulations may prescribe fees, or a basis for calculating fees, for—\n\t(a)\taccess to the Register; or\n\t(b)\ta search of the Register; or\n\t(c)\tthe issue of a certificate following a search of the Register; or\n\t(d)\tother services provided by the Registrar.\n\t(2)\tThe regulations may allow for fees to be fixed by negotiation between the Registrar and the person who asks for the relevant services.\n49—Power to remit fees\nThe Registrar may, in appropriate cases, remit the whole or part of a fee under this Act.\n49A—Saving provision—surrogacy arrangements\n\t(1)\tDespite a preceding section of this Part, but subject to subsection (2), the Registrar must restrict access to the Register so as to keep confidential any information that would disclose the making or revocation of a surrogacy order.\n\t(2)\tSubsection (1) does not apply if the person seeking access to a relevant part of the Register is—\n\t(a)\ta party to the surrogacy agreement that gave rise to the surrogacy order; or\n\t(b)\tthe person who is the subject of the surrogacy order if he or she has attained the age of 18 years.\nPart 8—General power of review\n50—Review\nA person who is dissatisfied with a decision of the Registrar made in the performance or purported performance of functions under this Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\nPart 9—Miscellaneous\n51—False representation\nA person who makes a false or misleading representation in an application or document under this Act, knowing it to be false or misleading, is guilty of an offence.\nMaximum penalty: $1 250.\n52—Unauthorised access to or interference with Register\nA person must not, without the authority of the Registrar or other lawful authority—\n\t(a)\tobtain access to the Register or information contained in the Register; or\n\t(b)\tmake, alter or delete an entry in the Register; or\n\t(c)\tinterfere with the Register in any other way.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n53—Falsification of certificate etc\n\t(1)\tA person must not forge the Registrar's signature or seal.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA person must not forge or falsify a certificate or other document under this Act.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tThe Registrar may impound—\n\t(a)\ta document which the Registrar has reason to believe bears a forged impression of the Registrar's signature or seal; or\n\t(b)\ta certificate or other document purporting to be a certificate or other document under this Act which the Registrar has reason to believe has been forged or falsified; or\n\t(c)\ta certificate under this Act about a registrable event if the entry in the Register about the event has been cancelled or corrected since the issue of the certificate.\n55—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\timpose a penalty not exceeding a fine of $1 250 for contravention of a provision of the regulations; and\n\t(b)\tfix fees and provide for the payment, recovery, waiver or refund of fees.\nSchedule 1—Transitional\n1—Interpretation\nIn this Schedule—\nrepealed Act means the Births, Deaths and Marriages Registration Act 1966.\n3—The Register\nA Register maintained under the repealed Act forms part of the Register under this Act.\n4—The Registrar and Deputy Registrars\n\t(1)\tThe person holding office as the Principal Registrar of Births, Deaths and Marriages immediately before the commencement of this Act continues as the Registrar, subject to the provisions of this Act.\n\t(2)\tThe person holding office as the Deputy Registrar immediately before the commencement of this Act continues as a deputy registrar, subject to the provisions of this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Births, Deaths and Marriages Registration Act 1996 repealed the following:\nBirths, Deaths and Marriages Registration Act 1966\nLegislation amended by principal Act\nThe Births, Deaths and Marriages Registration Act 1996 amended the following:\nCoroners Act 1975\nCremation Act 1891\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1996\n6\n Births, Deaths and Marriages Registration Act 1996\n4.4.1996\n3.6.1996 (Gazette 23.5.1996 p2534)\n2003\n33\n Coroners Act 2003\n31.7.2003\nSch (cl 5)—1.7.2005 (Gazette 23.6.2005 p1899)\n2006\n10\n Statutes Amendment (Disposal of Human Remains) Act 2006\n29.6.2006\nPt 2 (ss 4 & 5)—24.7.2006 (Gazette 20.7.2006 p2335)\n2009\n64\n Statutes Amendment (Surrogacy) Act 2009\n26.11.2009\nPt 3 (ss 15—18)—26.11.2010: s 2\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 21 (ss 40—42)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n5\n Health Practitioner Regulation National Law (South Australia) Act 2010\n1.7.2010\nSch 1 (cl 3)—1.7.2010 (Gazette 1.7.2010 p3338)\n2013\n20\n Burial and Cremation Act 2013\n14.6.2013\nSch 1 (cll 5 & 6)—1.2.2014 (Gazette 16.1.2014 p120)\n2015\n27\n Births, Deaths and Marriages Registration (Change of Name) Amendment Act 2015\n22.10.2015\nPt 2 (ss 4—7)—1.6.2016 (Gazette 21.1.2016 p152)\n2016\n4\n Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016\n17.3.2016\nPt 2 (ss 4 & 5)—17.9.2016: s 2\n2016\n30\n Family Relationships (Parentage Presumptions) Amendment Act 2016\n23.6.2016\nSch 1 (cll 1 & 2) & Sch 2 (cl 1)—23.9.2016: s 2\n2016\n65\n Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016\n15.12.2016\n23.5.2017 (Gazette 23.5.2017 p1724)\n2016\n67\n Relationships Register Act 2016\n15.12.2016\nSch 1 (cl 2)—1.8.2017 (Gazette 1.8.2017 p3038)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 8 (ss 27 to 37)—5.7.2018 (Gazette 28.6.2018 p2618)\n2017\n53\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 3 (s 5)—30.4.2018 (Gazette 6.2.2018 p612)\n2017\n64\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 5 (ss 39 to 41)—22.10.2018 (Gazette 19.12.2017 p5119)\n2019\n14\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 4 (ss 31 to 34)—1.10.2019 (Gazette 29.8.2019 p3138)\n2019\n31\n Surrogacy Act 2019\n7.11.2019\nSch 1 (cll 5 to 7)—1.9.2020 (Gazette 18.6.2020 p3392)\n2019\n46\n Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 2 (ss 4 & 5)—1.5.2020 (Gazette 30.4.2020 p838)\n2024\n8\nAssisted Reproductive Treatment (Posthumous Use of Material and Donor Conception Register) Amendment Act 2024\n28.3.2024\nSch 1 (cll 1 to 4)—26.2.2025 (Gazette 28.11.2024 p4271)\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 3 & 4)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2005\ns 3\namended by 65/2016 s 4\n23.5.2017\ns 4\n\n\ncremated remains\ninserted by 20/2013 Sch 1 cl 5\n1.2.2014\ndoctor\nsubstituted by 5/2010 Sch 1 cl 3\n1.7.2010\ndonor\ninserted by 8/2024 Sch 1 cl 1\n26.2.2025\ndonor conception\ninserted by 8/2024 Sch 1 cl 1\n26.2.2025\nregistrable event\namended by 64/2009 s 15(1)\n26.11.2010\n\namended by 65/2016 s 5\n23.5.2017\n\namended by 31/2019 Sch 1 cl 5(2)\n1.9.2020\nsurrogacy order\ninserted by 64/2009 s 15(2)\n26.11.2010\n\namended by 31/2019 Sch 1 cl 5(1)\n1.9.2020\nTribunal\ninserted by 51/2017 s 27\n5.7.2018\nPt 2\n\n\ns 5\n\n\ns 5(1)\ns 5 redesignated as s 5(1) by 84/2009 s 40\n1.2.2010\ns 5(2)\ninserted by 84/2009 s 40\n1.2.2010\ns 6\n\n\ns 6(1)\ns 6 amended and redesignated as s 6(1) by 67/2016 Sch 1 cl 2(1), (2)\n1.8.2017\ns 6(2)\ninserted by 67/2016 Sch 1 cl 2(2)\n1.8.2017\ns 7\n\n\ns 7(3)\ninserted by 84/2009 s 41\n1.2.2010\ns 10\n\n\ns 10(2)\namended by 51/2017 s 28(1), (2)\n5.7.2018\nPt 3\n\n\nPt 3 Div 2\n\n\ns 14\n\n\ns 14(1)\ns 14 redesignated as s 14(1) by 30/2016 Sch 1 cl 1\n23.9.2016\ns 14(2)—(4)\ninserted by 30/2016 Sch 1 cl 1\n23.9.2016\n\nexpired: s 14(5)—omitted under Legislation Revision and Publication Act 2002\n(27.10.2021)\ns 14(2) and (3)\ninserted by 8/2024 Sch 1 cl 2\n26.2.2025\ns 14(5)\ninserted by 30/2016 Sch 1 cl 1\n23.9.2016\n\ndeleted by 8/2024 Sch 1 cl 2\n26.2.2025\nPt 3 Div 3\n\n\ns 18\n\n\ns 18(1) and (2)\namended by 8/2024 Sch 1 cl 3\n26.2.2025\nPt 3 Div 5\n\n\ns 22\n\n\ns 22(1) and (2)\namended by 51/2017 s 29\n5.7.2018\nPt 3 Div 6\ninserted by 64/2009 s 16\n26.11.2010\ns 22A\n\n\ns 22A(1)\namended by 31/2019 Sch 1 cl 6(1)\n1.9.2020\ns 22A(2)\namended by 31/2019 Sch 1 cl 6(2)\n1.9.2020\ns 22A(3)\namended by 31/2019 Sch 1 cl 6(3)\n1.9.2020\ns 22A(5)\namended by 31/2019 Sch 1 cl 6(4)\n1.9.2020\nPt 4\n\n\nPt 4 Div 1\n\n\nheading\ninserted by 27/2015 s 4\n1.6.2016\ns 24\nsubstituted by 27/2015 s 5\n1.6.2016\ns 25\n\n\ns 25(1)\nsubstituted by 27/2015 s 6\n1.6.2016\ns 25(1a)\ninserted by 27/2015 s 6\n1.6.2016\ns 25(1b)\ninserted by 27/2015 s 6\n1.6.2016\n\namended by 51/2017 s 30(1)\n5.7.2018\ns 25(2)\namended by 51/2017 s 30(2)\n5.7.2018\ns 25(3)\namended by 51/2017 s 30(3)\n5.7.2018\ns 25(5)\ninserted by 64/2017 s 39\n22.10.2018\ns 25A\ninserted by 64/2017 s 40\n22.10.2018\ns 27\n\n\ns 27(2)\namended by 51/2017 s 31\n5.7.2018\ns 29A\ninserted by 64/2009 s 17\n26.11.2010\nPt 4 Div 2\ninserted by 27/2015 s 7\n1.6.2016\ns 29B\n\n\nrestricted person\namended by 53/2017 s 5\n30.4.2018\nPt 4A\ninserted by 65/2016 s 6\n23.5.2017\nPt 4A Div 2\n\n\ns 29I\n\n\ns 29I(3)\ndeleted by 46/2019 s 4\n1.5.2020\ns 29J\n\n\ns 29J(2)\namended by 14/2019 s 31(1)\n1.10.2019\ns 29J(4)\namended by 14/2019 s 31(2)\n1.10.2019\ns 29J(5)\namended by 14/2019 s 31(3)\n1.10.2019\ns 29J(6)\ndeleted by 14/2019 s 31(4)\n1.10.2019\nPt 4A Div 3\n\n\ns 29O\n\n\ns 29O(3)\ndeleted by 46/2019 s 5\n1.5.2020\ns 29P\n\n\ns 29P(2)\namended by 14/2019 s 32(1)\n1.10.2019\ns 29P(4)\namended by 14/2019 s 32(2)\n1.10.2019\ns 29P(5)\namended by 14/2019 s 32(3)\n1.10.2019\ns 29P(6)\ndeleted by 14/2019 s 32(4)\n1.10.2019\nPt 4A Div 4\n\n\ns 29S\n\n\ns 29S(3)\namended by 14/2019 s 33(1)\n1.10.2019\ns 29S(4)\namended by 14/2019 s 33(2), (3)\n1.10.2019\ns 29S(5)\namended by 14/2019 s 33(4), (5)\n1.10.2019\nPt 6\n\n\nPt 6 Div 1\n\n\ns 33\n\n\ns 33(2)\namended by 51/2017 s 32\n5.7.2018\nPt 6 Div 2\n\n\nheading\namended by 51/2017 s 33\n5.7.2018\ns 34\namended by 51/2017 s 34\n5.7.2018\ns 35\namended by 51/2017 s 35\n5.7.2018\nPt 6 Div 3\n\n\ns 36\n\n\ns 36(2)\namended by 33/2003 Sch (cl 2)\n1.7.2005\ns 37\n\n\ns 37(1)\nsubstituted by 33/2003 Sch (cl 3(1))\n1.7.2005\ns 37(2)\namended by 33/2003 Sch (cl 3(2), (3))\n1.7.2005\nPt 6 Div 3A\ninserted by 4/2016 s 4\n17.9.2016\ns 38A\n\n\ns 38A(4)\n\n\ncourt appointed guardian\namended by 64/2017 s 41\n22.10.2018\nPt 6 Div 4\n\n\ns 39\n\n\ns 39(3)\ninserted by 4/2016 s 5\n17.9.2016\nPt 7\n\n\nPt 7 Div 4\n\n\ns 46\n\n\ns 46(1a)\ninserted by 30/2016 Sch 1 cl 2\n23.9.2016\n\nexpired: s 46(1b)—omitted under Legislation Revision and Publication Act 2002\n(27.10.2021)\n\ninserted by 8/2024 Sch 1 cl 4\n26.2.2025\ns 46(1b)\ninserted by 30/2016 Sch 1 cl 2\n23.9.2016\n\nsubstituted by 8/2024 Sch 1 cl 4\n26.2.2025\ns 46(1c)\ninserted by 8/2024 Sch 1 cl 4\n26.2.2025\ns 49A\ninserted by 64/2009 s 18\n26.11.2010\ns 49A(1)\namended by 31/2019 Sch 1 cl 7\n1.9.2020\nPt 8\n\n\ns 50\nsubstituted by 51/2017 s 36\n5.7.2018\nPt 9\n\n\ns 50A before deletion by 20/2013\ninserted by 33/2003 Sch (cl 4)\n1.7.2005\ns 50A(1)\namended by 10/2006 s 4(1)—(3)\n24.7.2006\ns 50A(2)—(4)\ninserted by 10/2006 s 4(4)\n24.7.2006\ns 50A(5)\ns 50A(2) redesignated as s 50A(5) by 10/2006 s 4(5)\n24.7.2006\ns 50A\ndeleted by 20/2013 Sch 1 cl 6\n1.2.2014\ns 54\ndeleted by 84/2009 s 42\n1.2.2010\ns 55\n\n\ns 55(2)\nsubstituted by 10/2006 s 5\n24.7.2006\nSch 1\n\n\ncl 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2005\nSchs 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n1.7.2005\nTransitional etc provisions associated with Act or amendments\nFamily Relationships (Parentage Presumptions) Amendment Act 2016, Sch 2—Transitional provision\n1—Immunity\nDespite a provision of the Births, Deaths and Marriages Registration Act 1996, no liability attaches to a person for a failure to provide to the Registrar particulars of the person who is the father or co‑parent of a child in the case where—\n\t(a)\tthe child was born before the commencement of this clause; and\n\t(b)\tthe person is only taken to be father or co‑parent of the child by virtue of Part 2A of the Family Relationships Act 1975 (as amended by this Act).\nBirths, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016, Sch 1\n2—Transitional provision\nDespite the repeal of the Sexual Reassignment Act 1988, a recognition certificate issued under that Act in force immediately before the commencement of this clause will continue in force and effect and may be registered under section 9 of that Act as if that section had not been repealed by this Act.\nStatutes Amendment (SACAT No 2) Act 2017, Pt 8\n37—Transitional provisions\n\t(1)\tA right to make an application under section 22, 25 or 34, or seek a review under section 50, of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Magistrates Court.\n\t(2)\tNothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Births, Deaths and Marriages Registration Act 1996;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nStatutes Amendment (SACAT) Act 2019, Pt 4\n34—Transitional provisions\n\t(1)\tA right to make an application to the Magistrates Court under section 29J or 29P, or appeal to the Magistrates Court under section 29S, of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Magistrates Court.\n\t(2)\tNothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Births, Deaths and Marriages Registration Act 1996;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nHistorical versions\n1.7.2005\n\n24.7.2006\n\n1.2.2010\n\n1.7.2010\n\n26.11.2010\n\n1.2.2014\n\n1.6.2016\n\n17.9.2016 (electronic only)\n\n23.9.2016\n\n23.5.2017\n\n1.8.2017\n\n30.4.2018\n\n5.7.2018\n\n22.10.2018\n\n1.10.2019\n\n1.5.2020\n\n1.9.2020\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since the original 1996 instrument. Key expansions include: (1) formal provisions for change of sex or gender identity (Part 4A, inserted 2016 and amended subsequently) that create new application, evidence and privacy regimes; (2) surrogacy order notices and the obligation to record and withhold certain disclosure about surrogacy (s 22A and s 49A, post‑2010/2019 amendments); (3) donor conception recording and staged disclosure rules for birth certificates and extracts (inserted 2024/2025 — s 14(2), ss 46(1a)–(1c)); and (4) stricter controls on name changes by restricted persons with supervisory approvals and criminal penalties (Div 2 of Pt 4). These additions move the Act beyond a simple civil registration scheme into regulated identity‑change processes, confidentiality gating, and inter‑agency information exchange, increasing administrative complexity and creating new substantive policy rules within the Registrar's administrative framework."},"complexity_factors":["Length: multiple Parts and Divisions covering births, deaths, marriages, name changes, gender/sex changes, surrogacy and administration (9 Parts, many Divisions).","Defined terms: approximately 40 defined or specialised terms across s 4, Pt 4A and Pt 4 Div 2 (e.g. donor, donor conception, registrable event, restricted person, supervising authority, clinical treatment, designated certificate).","Cross‑references: frequent references to other South Australian and Commonwealth laws (Surrogacy Act 2019, Assisted Reproductive Treatment Act 1988, Marriage Act 1961 (Cth), Coroners Act 2003, Children and Young People (Safety) Act, Child Sex Offenders Registration Act, SACAT Act), increasing legal interaction complexity.","Conditional logic: many eligibility and procedural conditions (resident periods for out‑of‑State births or name changes; Tribunal approvals for child applications; supervising authority approvals for restricted persons; clinical treatment evidentiary tests for gender changes).","Exceptions and layering: privacy restrictions (s 29M, s 49A) that differ by registrable event (surrogacy, donor conception, gender changes), and staged disclosure rules for donor‑conceived persons (s 46(1a)–(1c)).","Discretion and administrative rules: Registrar discretion over access, limits on application numbers (s 29S), delegation, and published access policies (ss 6, 11, 29S, 47).","Enforcement and penalties: multiple penalty regimes with different maxima (e.g. fines up to $1,250 for notification failures, up to $10,000 or 2 years imprisonment for unauthorised Register interference or falsification; ss 12, 16, 36, 52, 53).","Transitional and amendment history: numerous amendments over decades adding substantial new subject‑matter (gender identity, surrogacy, donor conception), and transitional provisions that affect operation."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes and maintains official registers of births, deaths, marriages and changes of name, and records related events such as surrogacy orders and changes of sex or gender identity. (ss 3, 40)\n- Requires particular people and organisations to notify and provide information when those events occur: for example, hospitals/doctors/midwives must notify births (s 12); doctors must notify deaths (s 36); funeral directors must report disposal details (s 38); authorised celebrants must lodge marriage certificates (s 31 note). Failure to notify within set timeframes attracts monetary penalties. (ss 12, 16, 36, 38)\n- Controls how entries are made, corrected and certified in the Register: the Registrar makes entries, may correct records when better information becomes available, can require evidence for changes, and issues certified extracts and certificates which are admissible as evidence in court. (ss 6, 17, 42, 46)\n- Provides processes to change personal identity details: change of name (Part 4, ss 23–29), and change of sex or gender identity including supporting evidence and privacy controls (Part 4A, ss 29I–29U). Applications may need supporting medical/psychological statements and, for children, Tribunal approval in many cases. (ss 29I–29K, 29J, 29P)\n- Records surrogacy and donor‑conception information and limits how that information is disclosed on certificates, with special confidentiality rules for surrogacy entries and staged disclosure of donor information (s 22A; ss 46(1a)–(1c)).\n- Limits and conditions on who may change a name: special controls on restricted persons (prisoners, parolees, people under supervision) requiring supervisory written approval and with criminal penalties for non‑compliance. (ss 29B–29F)\n- Sets access, privacy and fee rules: the Registrar decides who has adequate reason to access the Register, may set fees (regs; s 48), must maintain access policies and protect privacy where practicable (ss 43–47). There are also rules allowing data‑sharing and reciprocal administrative arrangements with other registries. (ss 11, 43, 47, 48)\n\nWho is affected (who pays, who decides, who acts)\n\n- Individuals: parents (must ensure births are registered; ss 15–16), people seeking name or gender/sex changes (Parts 4 and 4A), people born via donor conception (data and disclosure provisions; ss 14, 46), and people subject to surrogacy orders (s 22A). Those who request certificates may pay fees set by regulation (s 48).\n- Service providers: hospitals, doctors, midwives, funeral directors and authorised celebrants have statutory notification or lodgement duties and potential penalties for non‑compliance (ss 12, 36, 38, 31 note).\n- Decision makers: the Registrar makes most administrative decisions (ss 5–6); the South Australian Civil and Administrative Tribunal (Tribunal) or Magistrates Court resolves disputes and may authorise applications involving children or order registration/corrections (ss 19–20, 22, 29J, 29P, 34). Supervising authorities (for prisons etc.) must approve name changes for restricted persons (ss 29D–29F).\n\nWhy it matters (stated purpose and practical trade‑offs)\n\n- The Act centralises legal identity data and gives statutory weight to the Register and certificates (ss 3, 40, 46). The official purpose is to ensure reliable, permanent recording of vital events and to control lawful access and certification (s 3).\n\nTesting that stated purpose against costs, incentives and trade‑offs\n\n- Compliance burden: the Act imposes time limits and documentary requirements on parents, medical practitioners and funeral directors (ss 12(2), 16(1), 36(1), 38(1)). Applicants for changes of name or gender must supply evidence (identity, clinical treatment certificates, Tribunal approvals for many children), which creates administrative and professional costs (ss 27, 29K, 29J).\n- Bureaucratic discretion and implementation risk: the Registrar has broad discretion over access (s 43), evidence sufficiency and limits on application numbers (s 29S). That discretion concentrates decision power in the office of the Registrar and creates a reliance on published policies and clear administrative practice to avoid unpredictable outcomes.\n- Privacy vs. transparency trade‑off: the Act requires retention of historical data (s 29M(2)(a)) but restricts access to pre‑change particulars after a sex/gender change and to surrogacy details (ss 29M, 49A). This balances interests of individuals seeking confidentiality and those (e.g. courts, agencies) that may need full records, but enforces administrative gating that can restrict third‑party access.\n- Effects on private actors and markets: the law imposes duties on private actors (funeral directors, doctors, midwives, authorised celebrants) which increases routine compliance costs; the Registrar may charge fees for services (s 48), creating an administrative revenue stream. There is little direct effect on competition or prices in ordinary markets, but regulated entities must add compliance procedures to their operations.\n- Concentrated benefits and diffuse costs: benefits (centralised legal certainty, ability to obtain certified documents) are concentrated among registrants and government agencies; costs (time, documentary requirements, possible fees, and penalties for late or false information) are distributed across citizens and service providers. The law creates enforcement tools (penalties, s 52–53) aimed at protecting the integrity of the Register.\n- Cross‑jurisdictional and substitution effects: the Act allows registration of events occurring outside the State in limited circumstances and supports reciprocal administrative arrangements (s 11, ss 13–14, 30–33). This reduces friction for people moving between jurisdictions but requires intergovernmental mechanisms and data sharing.\n\nConcrete implementation points to watch\n\n- Applicants should expect documentary proof for identity, clinical treatment statements for gender‑related changes, and potential Tribunal involvement for children (ss 27, 29K, 29J).\n- Restricted persons must obtain supervising authority approval before applying to change a name; unauthorised applications carry heavy penalties and can be voided by a court (ss 29D–29F).\n- Access to historic identity information after a gender‑change is tightly controlled: only the person, their child, or persons/bodies specified in regulation may obtain it (s 29M).\n\nKey sections cited where noted: objects and Register (s 3, s 40); notification and registration duties (ss 12, 13, 16, 36, 38, 39); change of name (ss 23–29, 29B–29G); change of sex/gender identity (ss 29H–29U); surrogacy (s 22A); donor conception and certificate rules (s 14(2), s 46(1a)–(1c)); access, fees and privacy (ss 43–49); enforcement penalties (ss 16, 36, 51–53)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1996 scope. Originally focused on basic registration of births, deaths and marriages, it has expanded to include: (1) sex and gender identity changes (Part 4A, added 2016) — a major shift from the repealed Sexual Reassignment Act 1988; (2) surrogacy arrangements (Division 6 of Part 3, added 2009/2019); (3) donor conception registration and information disclosure (added 2024); (4) special restrictions for prisoners and offenders changing names (Part 4 Division 2, added 2015); and (5) guardianship-related name changes for children in state care (section 25A, added 2017). The Act has evolved from a simple administrative registry to a complex instrument governing identity, parentage, and gender recognition."},"complexity_factors":["Multiple overlapping jurisdictions: distinguishes between people born in SA, born elsewhere in Australia, and born overseas (Part 4A Division 3)","Nested conditional requirements for name changes: different rules for adults vs children, sole parents vs both parents, and special restrictions for 'restricted persons' (prisoners, parolees, high-risk offenders) in Part 4 Division 2","Cross-references to at least 8 other Acts: Marriage Act 1961 (Cth), Surrogacy Act 2019, Children and Young People (Safety) Act 2017, Child Sex Offenders Registration Act 2006, Correctional Services Act 1982, Criminal Law (High Risk Offenders) Act 2015, Sentencing Act 2017, Assisted Reproductive Treatment Act 1988","Dual pathways for sex/gender changes: one for SA-born people (changing the birth register) vs 'identity acknowledgement certificates' for overseas-born residents (Part 4A)","Complex privacy provisions: different access rules for donor conception information depending on when the person was born and their current age (section 46(1a)-(1c))","Multiple review mechanisms: some decisions go to the Magistrates Court, others to SACAT (South Australian Civil and Administrative Tribunal), with transitional provisions for transferred jurisdiction","Surrogacy-related exceptions: special rules about what information appears on certificates and who can access historical records (sections 22A and 49A)","Defined terms section (section 4) with 15+ definitions including technical concepts like 'donor conception', 'prohibited name', and 'registrable event'"],"plain_english_summary":"South Australia’s Births, Deaths and Marriages Registration Act 1996 creates the central, permanent register for births, deaths and marriages and governs name, sex/gender and surrogacy-related record changes. It sets who must notify the Registrar and who may change a record, affecting everyone born, married or deceased in SA, parents, health and funeral professionals, people seeking name or gender changes, and certain prisoners or restricted persons. It underpins identity documents and population records; recent amendments eased gender‑change rules and expanded donor‑conception information."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996","history":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996/history","analysis":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996/analysis","conflicts":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996/conflicts","importantCases":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996/important-cases","documents":"/api/acts/sa-births-deaths-and-marriages-registration-act-1996/documents"}}