{"id":"sr:service-victoria-transfer-births-deaths-and-marriages-identity","name":"Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021","slug":"service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183795,"registerId":"vic-sr:service-victoria-transfer-births-deaths-and-marriages-identity-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021","content":"Version No. 007\n\n**Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021**\n\n**S.R. No. 11/2021**\n\nVersion incorporating amendments as at  \n29 May 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Transferred identity verification functions 3\n\nSchedule 1—Transferred identity verification functions 4\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Explanatory details 13\n\n**Version No.** **007**\n\n**Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021**\n\n**S.R. No. 11/2021**\n\nVersion incorporating amendments as at  \n29 May 2024\n\nReg. 1 substituted by S.R. No. 38/2024 reg. 14.\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe identity verification functions that are transferred to the Service Victoria CEO under the **Service Victoria Act 2018**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 58 of the **Service Victoria Act 2018**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 14 March 2021.\n\n\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 def. of *adult* inserted by S.R. No. 154/2021 reg. 5.\n\n***adult*** has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\nReg. 4 def. of *change* inserted by S.R. No. 154/2021 reg. 5.\n\n***change***  has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\nReg. 4 def. of *child* inserted by S.R. No. 154/2021 reg. 5.\n\n***child*** has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\nReg. 4 def. of *parent* inserted by S.R. No. 154/2021 reg. 5.\n\n***parent*** has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\n***Register*** has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\nReg. 4 def. of *registered relationship* inserted by S.R. No. 84/2021 reg. 5.\n\n***registered relationship***  has the same meaning as in the **Relationships Act 2008**;\n\nReg. 4 def. of *registrable caring relationship* inserted by S.R. No. 154/2021 reg. 5.\n\n***registrable caring relationship***  has the same meaning as in Chapter 2 of the **Relationships Act 2008**;\n\nReg. 4 def. of *registrable domestic relationship* inserted by S.R. No. 154/2021 reg. 5.\n\n***registrable domestic relationship***  has the same meaning as in Chapter 2 of the **Relationships Act 2008**;\n\n***Registrar*** has the same meaning as in the **Births, Deaths and Marriages Registration Act 1996**;\n\nReg. 4 def. of *Relationships Register* inserted by S.R. No. 84/2021 reg. 5.\n\n***Relationships Register*** has the same meaning as in Chapter 2 of the **Relationships Act 2008**;\n\n***the Act*** means the **Service Victoria Act 2018**.\n\n\t5 Transferred identity verification functions\n\nFor the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 1 is a transferred identity verification function.\n\n**Note**\n\nA transferred identity verification function is to be performed by the Service Victoria CEO as a transferred identity verification function (see section 10(5) of the Act) from the commencement date set out in regulation 3.\n\nReg. 6 revoked by S.R. No. 38/2024 reg. 15.\n\n* * * * *\n\nSch. 1 amended by S.R. Nos 84/2021 reg. 6, 154/2021 regs 6–9, 38/2024 reg. 16.\n\nSchedule 1—Transferred identity verification functions\n\nRegulation 5\n\n| *Column 1*<br>*Item number* | *Column 2*<br>*Transferred identity verification function* | *Column 3*<br>*Service agency from which function is transferred* |\n| --- | --- | --- |\n| 1 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a birth under section 45 of the **Births, Deaths and Marriages Registration Act 1996**,  and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 1A | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a birth and adoption under sections 45 and 45A of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 2 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a death under section 45 of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 3 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a marriage under section 45 of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input | Registrar |\n|  | into an Internet site or a mobile application maintained for that purpose |  |\n| 4 | Collecting identity information provided with an application for the Registrar to search the Relationships Register for an entry about a particular registered relationship under section 21 of the **Relationships Act 2008**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 5 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a change of name under section 45 of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 6 | Collecting identity information provided with an application to the Registrar for the registration of a change of an adult person's name under section 25(1) of the **Births, Deaths and Marriages Registration Act 1996** if the person's birth is registered in Victoria, and verifying the applicant's identity if the application is made by input into | Registrar |\n|  | an Internet site or a mobile application maintained for that purpose |  |\n| 7 | Collecting identity information provided with an application to the Registrar for the registration of a change of a child's name under section 26(1), (3) or (5) of the **Births, Deaths and Marriages Registration Act 1996** if the child's birth is registered in Victoria, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 8 | Collecting identity information provided with an application to the Registrar to alter the record of sex of a person who is aged 18 years or over under section 30A(1) of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 9 | Collecting identity information provided with an application to the Registrar for a document that acknowledges the name and sex of a person who is aged 18 years or over under section 30E(1) of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 10 | Collecting identity information provided with an application to the Registrar to alter the record of a child's sex in the child's birth registration under section 30B(1) of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 11 | Collecting identity information provided with an application to the Registrar for a document that acknowledges a child's name and sex under section 30EA(1) of the **Births, Deaths and Marriages Registration Act 1996**, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 12 | Collecting identity information provided with an application to the Registrar for the registration of a registrable domestic relationship or registrable caring relationship under section 6 of the **Relationships Act 2008**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n| 13 | Collecting identity information provided with an application to the Registrar for the revocation of registration of a relationship under section 12 of the **Relationships Act 2008**, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |\n\n\nSch. 2 amended by S.R. No. 84/2021 reg. 7, revoked by S.R. No. 38/2024 reg. 17.\n\n* * * * *\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021, S.R. No. 11/2021 were made on 10 March 2021 by the Governor in Council under section 58 of the **Service Victoria Act 2018**, No. 14/2018 and came into operation on 14 March 2021: regulation 3.\n\nThe Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021 will sunset 10 years after the day of making on 10 March 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nService Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Amendment Regulations 2021, S.R. No. 84/2021\n\n| *Date of Making:* | 20.7.21 |\n| --- | --- |\n| *Date of Commencement:* | 25.7.21: reg. 3 |\n\n\nService Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Further Amendment Regulations 2021, S.R. No. 154/2021\n\n| *Date of Making:* | 7.12.21 |\n| --- | --- |\n| *Date of Commencement:* | Regs 5, 6 on 12.12.21: reg. 3(1); reg. 7 on 6.3.22: reg. 3(2); reg. 8 on 3.4.22: reg. 3(3); reg. 9 on 1.5.22: reg. 3(4) |\n\n\nService Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024\n\n| *Date of Making:* | 28.5.24 |\n| --- | --- |\n| *Date of Commencement:* | Regs 14–17 on 29.5.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument's scope has been expanded since original making through amendments that inserted additional definitions and added or modified Schedule 1 entries (see reg 4 definitions inserted by S.R. No. 154/2021 and Sch.1 amendments by S.R. Nos 84/2021, 154/2021 and 38/2024). These changes broaden which Registrar functions (including adoption, name/sex record changes, and relationship registrations/revocations) are to be verified by Service Victoria via online/mobile channels (reg 5; Schedule 1)."},"complexity_factors":["Narrow, technical purpose: lists specific online identity‑verification tasks to be transferred (reg 5; Schedule 1).","Cross‑legislative references: relies on multiple external Acts for defined terms and legal effect (Births, Deaths and Marriages Registration Act 1996; Relationships Act 2008; Service Victoria Act 2018) (reg 4; reg 5; Schedule 1).","Operational dependency: effect depends on Service Victoria’s online/mobile systems and verification processes (Schedule 1 items refer to Internet site or mobile application).","Amendment history: Schedule and definitions have been amended several times, requiring readers to track edition history (Sch.1 amended by S.R. Nos 84/2021, 154/2021, 38/2024).","Concentration of administrative discretion: transfers performance and procedural choices to the Service Victoria CEO under s.10(5) of the Act (reg 5 noting section 10(5)).","Low statutory complexity but moderate practical implementation complexity due to IT, privacy and compliance arrangements."],"plain_english_summary":"Mechanically, these Regulations shift specified online identity‑verification tasks from the Registrar to the Service Victoria CEO under the Service Victoria Act 2018 (see reg 5 and Schedule 1). They apply to people who use internet or mobile applications to request searches, registrations or changes recorded under births, deaths and marriages and relationships laws. The change moves responsibility for conducting online ID checks (and the operational costs and procedural discretion that come with them) from the Registrar to Service Victoria."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, the regulations appear to do exactly what they say on the label — transfer identity verification functions related to births, deaths and marriages records to Service Victoria. There is no indication of scope creep or deviation from the original regulatory intent. The legislation appears to be a straightforward administrative transfer instrument."},"complexity_factors":["Narrow and specific in scope — limited to transferring one set of administrative functions between two government bodies","Heavily dependent on understanding the parent Act (Service Victoria Act 2018) and the Births, Deaths and Marriages Registration Act 1996 to fully interpret","The source document provided is poorly formatted with significant repetition and missing substantive content, making full analysis difficult","Administrative/machinery-in-nature regulations rather than complex rights or obligations — limited direct impact on individuals' legal rights","Intergovernmental function transfers can involve layered authorisation frameworks not visible in this excerpt"],"plain_english_summary":"Service Victoria will take over identity‑verification checks that use birth, death and marriage records, so those confirmations can be handled through the central digital platform instead of the Births, Deaths and Marriages registry. This affects Victorians using services that require ID proof, the agencies that relied on registry checks, and Service Victoria as administrator. The change aims to streamline and speed up identity checks by consolidating them into one government hub."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing which identity verification functions are transferred from the Registrar to Service Victoria. While amendments have expanded the list of covered functions (adding adoption searches, child name changes, sex alteration applications, and relationship registrations), these are logical extensions of the original scheme rather than scope creep. The core mechanism—transferring online identity verification for BDM-related applications—has not changed."},"complexity_factors":["Short instrument (13 pages including endnotes, effectively 4 pages of substantive content)","Simple structure: objective, definitions, single operative provision (regulation 5), and a schedule table","13 defined terms, all by reference to other Acts (no standalone definitions)","No nested exceptions or conditional logic beyond the 'if' clause limiting application to internet/mobile app inputs","Schedule 1 uses a straightforward table format with 13 items describing specific transferred functions","Cross-references are limited to the Service Victoria Act 2018 and two other Acts (Births, Deaths and Marriages Registration Act 1996; Relationships Act 2008)","Amendment history visible but does not complicate the current operative text"],"plain_english_summary":"These regulations transfer specific identity-checking jobs from the Victorian Registrar of Births, Deaths and Marriages to Service Victoria (the government agency that runs the 'Service Victoria' app and website).\n\n**What it does:**\n- When people apply online or via mobile app for certain birth, death, marriage, or relationship records—or to change their name or sex on official records—Service Victoria now handles the job of collecting and verifying their identity documents.\n- This only applies to applications made through internet sites or mobile apps, not paper or in-person applications.\n\n**Who it affects:**\n- Anyone using the Service Victoria platform to:\n  - Order birth, death, or marriage certificates\n  - Register a change of name (adults or children)\n  - Change the recorded sex on a birth certificate (adults or children)\n  - Register or revoke a domestic or caring relationship\n- The Registrar of Births, Deaths and Marriages still maintains the actual registers; Service Victoria just does the identity verification step for online applications.\n\n**Why it matters:**\n- It centralises digital identity verification for sensitive personal records under one government agency, streamlining online services while maintaining security standards for accessing confidential information."}},"importantCases":[],"_links":{"self":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations","history":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations/history","analysis":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations/analysis","conflicts":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations/conflicts","importantCases":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations/important-cases","documents":"/api/acts/service-victoria-transfer-of-births-deaths-and-marriages-identity-verification-functions-regulations/documents"}}