Births, Deaths and Marriages Registration Act 1996

The Act defines a number of core concepts. "Registrable event" means a birth, death or marriage, a change of parentage under the Surrogacy Act 2022, or a change of name, sex or gender (section 4). "Registrable information" means information that may be included in the Register. The "Register" is the register maintained under section 38, and the "Registrar" is the person appointed under section 5. "Adult" means a person who is 18 or above, or who is or has been married even if under 18. "Child" includes a still-born child. "Still-birth" means the birth of a still-born child, and "still-born child" is defined as a child of at least 20 weeks' gestation or with a body mass of at least 400 grams at birth that exhibits no sign of respiration, heartbeat, or other sign of life after birth. "Birth" includes still-birth, but "death" does not include still-birth (section 4). A "prohibited name" is a name that is obscene or offensive; could not practicably be established by repute or usage because it is too long, consists of or includes symbols without phonetic significance, or for some other reason; includes or resembles an official title or rank; or is contrary to the public interest for some other reason (section 4). "Corresponding law" means a law of a State that provides for the registration of births, deaths and marriages. "Authorised celebrant" is defined by reference to the Marriage Act 1961 (Cth). "Funeral director" means a person who carries on the business of arranging for the disposal of human remains, and "disposal of human remains" includes cremation, burial (including at sea), placing remains in a mausoleum or other permanent resting place, placing remains in custody of an educational or scientific institution, removal from the Territory, or any other process under the Burial and Cremation Act 2022. The Act also applies Part IIAA of the Criminal Code (the general principles of criminal responsibility, defences, and burden of proof) to offences against the Act (section 4A). The Court is defined as the Supreme Court of the Northern Territory.

The Act imposes obligations on a wide range of persons and entities in the Northern Territory. For births, the "responsible person" must give notice to the Registrar within 10 days (section 12): for a child born in a hospital, the chief executive officer of the hospital; for a child born in a mental institution, the chief executive officer of that institution; for a child born in a custodial correctional facility, the Commissioner of Correctional Services; for any other child, the doctor, midwife or health worker responsible for the mother's care at birth. The parents of a child are jointly responsible for having the birth registered within 60 days (section 15, 16). A foundling's custodian bears that responsibility (section 15(2)). For deaths, a doctor who was responsible for the person's medical care immediately before death or who examines the body must give notice within 48 hours (section 34). A coroner must provide copies of disposal authorisations or findings to the Registrar (section 35). A funeral director or other person arranging disposal of human remains must provide particulars within 7 days after disposal, or within 28 days for remains removed from the Territory, or within 30 days if remains are not disposed of (section 36). The Act also affects persons seeking to change their name or sex or gender. An adult may apply to register a change of name if their birth is registered in the Territory or they were born outside Australia and have been domiciled or ordinarily resident in the Territory for at least 12 consecutive months (section 23). Parents or guardians may apply for a child's change of name (section 24). For change of sex or gender, an adult whose birth is entered in the Register may apply if they have received appropriate clinical treatment or are an intersex person (section 28B). Parents may apply for a child. The Act also affects persons accessing the Register: section 41 allows the Registrar to give access to a person or organisation with an adequate reason, and section 42 permits searches on application with a stated reason. The Act also affects researchers, government agencies, and statistical collectors insofar as information can be provided for statistical, medical or epidemiological research, identification, or fraud prevention purposes (section 42(5)). Additionally, adoption information and parentage orders under the Surrogacy Act 2022 involve the Registrar and affect adoptive parents, birth parents, and persons subject to parentage orders.

Key duties under the Act include notification and registration obligations. For births: the responsible person must notify the Registrar within 10 days after the birth (section 12(1)), and a person responsible for having the birth registered must lodge a birth registration statement within 60 days after the birth (section 16(1)). Both duties are strict liability offences, with a maximum penalty of 8 penalty units. For a still-birth, the responsible person must also give a doctor's certificate certifying the cause of foetal death (section 12(3)). For deaths: a doctor must notify the Registrar within 48 hours (section 34(1)), and a funeral director must provide disposal particulars within 7 days after disposal (section 36(1)). A coroner must give a copy of a disposal authorisation or finding to the Registrar (section 35). For marriages: a certificate of marriage under the Marriage Act 1961 (Cth) must be lodged for registration (section 30). The Registrar has a duty to maintain the Register (section 38) and correct it if required by a court (section 40(2)). Rights of individuals include the right to apply to register a change of name (Part 4) or change of sex or gender (Part 4A), subject to conditions. An adult may apply to change their name if their birth is registered in the Territory or they satisfy a residency requirement (section 23). A child's parents may apply (section 24). The Registrar may refuse if the name would become a prohibited name, or if the applicant has a conviction for fraud or deception regarding identity, or if evidence is not provided (section 26). An adult who believes their sex or gender to be different from that recorded may apply, with a statement from a medical practitioner or psychologist certifying appropriate clinical treatment or intersex status (sections 28B, 28C). Children over 14 are taken to be aware of the meaning and implication of their sex or gender and must consent (section 28CA). A person aggrieved by a Registrar's decision may apply to the Northern Territory Civil and Administrative Tribunal for review (section 48). A person may also apply to the Supreme Court for an order regarding registration of a birth or inclusion of parentage information (sections 18, 19), or for resolution of a dispute about a child's name (section 21). Parents may apply to the Court for approval of a change of name in the child's best interests (section 24(4)). The Registrar may also issue certificates of search results (section 44) and may remit fees in appropriate cases (section 47).

The Act creates several criminal offences with escalating penalties. Failure to notify a birth or provide a still-birth certificate (section 12(5A)) and failure to lodge a birth registration statement within 60 days (section 16(1)) each carry a maximum penalty of 8 penalty units. These are strict liability offences (sections 12(5B), 16(1A)). For the still-birth certificate, there is a defence of reasonable excuse (section 12(5C)). Similar strict liability offences apply to doctors who fail to notify a death within 48 hours (section 34(1): 8 penalty units), and funeral directors who fail to provide disposal particulars within 7 days (section 36(1): 8 penalty units), or who fail to report non-disposal within 30 days (section 36(3): 8 penalty units). A defence is available for a doctor who reasonably believed another doctor or a coroner had given notice (section 34(2)). Offences relating to the integrity of the Register carry substantially higher penalties. A person who gives misleading information to an authorised officer, or gives a document containing misleading information, commits an offence punishable by 200 penalty units or 2 years imprisonment (section 49). The person must have knowledge that the information is misleading and that the officer is acting in an official capacity; strict liability applies to the element that the recipient is an authorised officer. A defence exists if the person draws the misleading aspect to the officer's attention and gives information to remedy it. Unauthorised access to the Register or information contained in it is an offence with the same maximum penalty (section 50). Falsification offences under section 51 are particularly serious: affixing the Registrar's signature or seal without authority, creating a false certificate purporting to be issued under the Act, or amending or varying a certificate after issue, each carry 200 penalty units or 2 years imprisonment. The Registrar may impound documents believed to be falsely sealed, forged, or amended (section 51(3)). The Act also creates an offence for using an old birth certificate showing a person's sex or gender before a registered change, in a manner likely to deceive another person (section 28G: 200 penalty units or 2 years imprisonment). The Registrar has powers of inquiry (section 39) to investigate registrable events, and may require persons to answer questions or provide information; failure to comply is a strict liability offence (8 penalty units) with a defence of reasonable excuse (section 39(3)-(5)).

The Act expressly states that it does not affect the operation of the Adoption of Children Act 1994 (section 53). That means adoption processes, related registration, and information suppression provisions under the Adoption Act continue to apply separately. The Act also interacts with the Surrogacy Act 2022 through Part 4B: parentage orders made under that Act must be registered (section 28L), and the Registrar must re-register the child's birth accordingly. The Act references the Marriage Act 1961 (Cth) for the registration of marriages, requiring a certificate of marriage under that Commonwealth Act to be lodged (section 30). For deaths, the Act interacts with the Coroners Act 1993: a coroner must give a copy of a notification of death to the Registrar (section 34(3)), and a coroner's disposal authorisation or finding must be provided (section 35). For change of name, the Act interacts with the Criminal Records (Spent Convictions) Act 1992: an applicant is not required to disclose a spent record (section 25A(2)). The Act also interacts with the Serious Sex Offenders Act 2013: section 27A provides that the Commissioner of Correctional Services may direct the Registrar to refuse to register a change of name of a serious sex offender made in contravention of section 108(1) of that Act, or to reverse a change already registered. The Act allows reciprocal administrative arrangements with corresponding laws of other States and Territories (section 11), subject to the Minister being satisfied that the other jurisdiction's security and access policies are at least equal to those in the Territory. This facilitates cross-border data sharing and mutual exercise of functions. The Act also interacts with the Burial and Cremation Act 2022, which is referenced in the definition of "disposal of human remains" (section 4). The Act preserves the common law ability to change a name by repute or usage (section 28), but the Registrar must not register a change except as provided in the Act. The Criminal Code (Part IIAA) applies to all offences under the Act (section 4A), providing general principles of criminal responsibility, defences, and burden of proof. The Act also empowers the Administrator to make regulations (section 54) that may prescribe offences with penalties up to 8 penalty units, which can interact with other NT legislation.

The Act was originally assented to on 28 June 1996 and commenced on 1 January 1997. Significant amendments include the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (commenced 17 March 2004) which amended section 19 concerning parentage addition. The Justice Legislation Amendment (Penalties) Act 2010 (commenced 1 July 2010) increased penalty units for various provisions. The Health Practitioner (National Uniform Legislation) Implementation Act 2010 (commenced 1 July 2010) amended section 37. The Statute Law Revision Act 2011 made various formal amendments. The Serious Sex Offenders Act 2013 (commenced 1 July 2013) inserted section 27A. The Correctional Services (Related and Consequential Amendments) Act 2014 (commenced 9 September 2014) amended sections 12 and 27A. The Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (commenced 1 January 2015) substituted section 48 to replace the Local Court with NTCAT as the review body, and added transitional provisions in Part 10 Division 2. The Births, Deaths and Marriages Registration and Other Legislation Amendment Act 2018 (commenced 6 December 2018) made substantial changes: it replaced sections 23 and 24 regarding change of name applications, substituted sections 28A-28D and inserted sections 28CA-28H to overhaul the sex and gender registration provisions, and amended various other sections. The Surrogacy Act 2022 (commenced 20 December 2022) inserted Part 4B on registration of parentage orders. The Births, Deaths and Marriages Registration Amendment Act 2022 (commenced 31 August 2022) inserted section 4A applying the Criminal Code, inserted sections 25A on conviction disclosure and 26A/26B on limitations and exceptions, substituted sections 49 and 50 on misleading information and unauthorised access, and amended sections 12, 15, 16, 24, 26, 34, 36, 37, 39, 51, and 54. The Burial and Cremation Act 2022 (commenced 28 November 2022) amended the definition of disposal of human remains in section 4.

The Act itself provides for court involvement in several specific contexts. The Supreme Court has jurisdiction to order registration of a birth or inclusion of registrable information about a birth or a child's parents (section 18). The Court may also order the addition of specified details of a child's parentage or the marriage of a child's parents in the Register (section 19(3)). Disputes between parents about a child's name may be resolved by the Court (section 21), and the Court may order the Registrar to register the name in a specified form. A parent may apply to the Court for approval of a proposed change of name for a child if satisfied it is in the child's best interests (section 24(4)). The Court may also direct registration of a death if it finds a person died in the Territory (section 33), and this power extends to courts of the States and the Commonwealth. The Registrar must correct the Register if required by a court (section 40(2)). Additionally, the Act provides for review of the Registrar's decisions by the Northern Territory Civil and Administrative Tribunal (NTCAT) under section 48 (as substituted in 2014). A person aggrieved by a decision of the Registrar made in the performance or purported performance of functions under the Act may apply to NTCAT for review. The Act does not reference any specific case names or judicial decisions. The transitional provisions in Part 10 Division 2 ensure that decisions made before the commencement of the 2014 amendment (1 January 2015) are reviewed under the old section 48, and decisions made after commencement under the new section 48. The Act's scheme therefore contemplates both judicial oversight (Supreme Court) and merits review (NTCAT) as avenues for challenging Registrar decisions and resolving disputes.

Several practical pitfalls arise from the Act. The definition of "prohibited name" is broad and includes names that could not practicably be established by repute or usage because they are too long, contain symbols without phonetic significance, or are contrary to the public interest. The Registrar has power to assign a name if the stated name is prohibited or parents cannot agree (section 20). A birth registration statement for a still-born child need not state a name, and the Registrar must not assign one (section 20(4)). For change of name, the Registrar may refuse if the applicant has a conviction for fraud or deception regarding identity (section 26(4)). This is in addition to the requirement under section 25A to include details of any conviction (other than spent convictions) in the application. There is a limitation on the number of changes of name: the Registrar must not accept an application if a name change was registered in the previous 12 months anywhere in Australia, or if three changes have already been registered after the commencement of section 26A (section 26A). However, exceptions exist for domestic violence protection, marriage or divorce, or court/tribunal orders (section 26B). Serious sex offenders face additional restrictions: the Commissioner of Correctional Services may direct the Registrar to refuse or reverse a change of name made in contravention of the Serious Sex Offenders Act 2013 (section 27A). For change of sex or gender, a child who has attained the age of 14 years is taken to be aware of the meaning and implication of their sex or gender in the absence of evidence to the contrary, and their consent is required (section 28CA). A birth certificate issued after a change of sex or gender must not show the previous sex or gender, and it is an offence to use an old certificate to deceive another person (sections 28E, 28G). The penalty for that offence is 200 penalty units or 2 years imprisonment. For still-births, the child's death is not to be registered as a death (section 32(6)), nor is there a doctor's notification obligation (section 34(4)). For deaths subject to coronial inquiry, a death certificate issued before the inquiry is completed must be endorsed "Incomplete registration - Cause of death subject to coronial inquiry" (section 35(3)). Access to the Register is not automatic: an applicant must show an adequate reason, and the Registrar must have regard to the relationship, age of entry, contents, and other factors (section 42). Even if an adequate reason exists, the Registrar may impose conditions and must protect privacy (sections 41, 43). The return period for funeral directors is only 7 days after disposal; failure is strict liability. Misleading information and unauthorised access carry serious penalties. The Registrar is immune from liability for honest acts, with liability attaching instead to the Crown (section 52).

To comply with the Act, responsible persons must follow the prescribed notification and registration timeframes. For a birth occurring in the Territory, the responsible person (hospital CEO, mental institution CEO, Commissioner of Correctional Services, or attending doctor/midwife/health worker) must notify the Registrar within 10 days using an approved form containing the particulars required by the Regulations (section 12). If the child is still-born, a doctor's certificate certifying the cause of foetal death must also be provided. The parents must jointly lodge a birth registration statement within 60 days (section 16); if one parent cannot join, the Registrar may accept a statement from one parent if satisfied it is impossible, impractical or inappropriate for the other to join (section 15). A foundling's custodian bears this responsibility. For deaths, the doctor must notify the Registrar within 48 hours (section 34). The funeral director must provide disposal particulars within 7 days after disposal (section 36), and within 28 days for remains removed from the Territory. If remains are not disposed of within 30 days, the funeral director must report that. The Registrar may register a death even if particulars are incomplete (section 37). For marriages, the celebrant or parties must lodge a marriage certificate under the Marriage Act 1961 (Cth) (section 30). For a change of name, an adult must apply in an approved form, confirming the requisite connection to the Territory (birth registered there, or 12 months domicile/residence), and must include details of any conviction (other than spent convictions) (section 25A). The Registrar may require evidence of identity and age, and that the change is not sought for a fraudulent or improper purpose (section 26). Check the 12-month and three-change limitations; if relying on an exception (domestic violence, marriage/divorce, court order) provide supporting documentation (section 26B). For a change of sex or gender, the adult must provide a statement from a medical practitioner or psychologist certifying appropriate clinical treatment or intersex status (section 28C). For a child, the parents must also include the child's consent if the child is aware of the meaning and implications (section 28CA). The sex or gender specified must be of a kind recognised in the Regulations (section 28B(5)). For access to the Register, applicants must state their reason and show an adequate reason; the Registrar may impose conditions and will protect privacy (sections 41, 42, 43). Fees may apply, but the Registrar may remit them in appropriate cases (section 47). All persons dealing with the Register must avoid misleading information, unauthorised access, and falsification, which carry severe penalties. In summary, strict adherence to time limits, use of approved forms, full and honest disclosure, and attention to the specific eligibility requirements for changes of name and sex or gender are essential to compliance.