Several core legal and administrative concepts structure the Act. These are definitional, organizational and procedural; they appear repeatedly and determine who can act and how entries in the register are created, altered and accessed.

• Registrable event and register: A registrable event is defined to include births, deaths, marriages, civil unions, civil partnerships, changes of name and changes of sex (dict). The registrar-general must maintain registers and indexes containing required particulars of registrable events and may record further authorised information (s 39). Entries may be in database form and the registrar-general must maintain indexes to make information reasonably accessible (s 39(3)-(4)).
• Birth and stillbirth: The Act treats birth as including stillbirth (dict), but defines stillborn child with a gestation threshold (20 weeks) and absence of life signs immediately after birth (dict). Section 7 makes registration mandatory for children born in the ACT, with limited exceptions for very early stillbirths (s 7(5)). Section 4B defines birth parent for part 2.
• Responsible person and notification windows: Notification duties for births are imposed on a responsible person (hospital CEO or attending doctor/midwife) and are time‑bound (s 5). Doctors have specific death-notification duties within 48 hours if they were responsible for care or examined the body (s 35). Funeral directors and those arranging disposal face reporting duties with penalties and specified timeframes (s 37).
• Parentage and parentage orders: The Act restricts inclusion of parentage information in the register unless supported by documents lodged at notification (s 14) or by parents’ applications, court orders or presumption under other laws. Parentage orders under the Parentage Act 2004 or corresponding law must be registered (s 16A) and trigger re-registration of birth entries with intended parent particulars (s 16B).
• Change of name and restricted persons: Change-of-name applications operate under pt 3. Adults may apply if domiciled/resident in the ACT or born in the ACT (s 18); parents may apply for children with conditions about parental responsibility (s 19); the registrar-general must be satisfied about identity and absence of improper purpose (s 20). Division 3.2 creates a distinct approval pathway for restricted persons (prisoners and parolees): they must obtain approval from a relevant director-general before a change-of-name application is made or registered (ss 22A-22F). The registrar-general must not register changes for restricted persons absent that approval (s 22F).
• Change of sex and recognised details: People can apply to alter recorded sex in the ACT register if they meet age/consent conditions (s 24). For ACT residents whose births are registered elsewhere, the Act provides a recognised details certificate acknowledging name and sex for territory-law purposes (ss 29A-29D). The Act permits applicants to nominate their sex using any term other than a prohibited sex descriptor (s 29DA).
• Young persons and ACAT leave: The Act provides a tribunal pathway for children not yet 14 to obtain leave from the ACT Civil and Administrative Tribunal (ACAT) to make applications for change of given name, change of sex, or recognised details certificates (pt 4A, ss 29E-29I). ACAT procedures include notice to parents and the public advocate, privacy protections, a private hearing requirement, and a reasoned standard for granting leave (ss 29F-29H).
• Access, certificates and privacy: Access to register data is discretionary and subject to an adequacy-of-reason test and written access policies maintained by the registrar-general (s 42). Searches and certificates are regulated (s 43, s 45). The registrar-general must protect privacy as far as practicable when providing extracted information (s 44). The Act expressly restricts disclosure of manner of death in access decisions and certificates (s 42(3); s 45(3)).
• Enforcement and remedies: The Act creates multiple offences with specified maxima and, for some, strict liability (eg ss 5(6), 10(2), 35(2), 37(4), 41(4)). It empowers the registrar-general to confiscate forged or erroneous instruments (ss 51-52) and to correct the register to reflect reliable information or judicial findings (s 40).
• Interactions and delegation: The Act contemplates arrangements with corresponding State and Territory laws for cross-jurisdictional exercise of registrar functions and databases (s 66). The Minister may determine fees (s 67), and the registrar-general may remit fees (s 68) and approve forms (s 69).

These concepts allocate duties among private actors (parents, doctors, funeral directors, applicants), public actors (registrar-general, relevant director-general under division 3.2, ACAT), and courts (Supreme Court jurisdiction to order registration or inclusion of information,s 15). The scheme balances documentary verification, tribunal oversight for minors, correction powers, and privacy-sensitive access controls; the specific rules and thresholds are set out in the relevant sections referenced above.

The Act assigns duties, powers and rights to a range of identifiable actors. This section maps who pays compliance costs, who decides outcomes, and who can seek remedies under the Act.

• Parents and birth parents. Parents are primarily responsible for having a child’s birth registered (s 8(1)). The birth parent of a stillborn child of under-20-week gestation is solely responsible for deciding whether to register the stillbirth but must consult the other parent unless impracticable or inappropriate (s 8(2)-(3)). Parents may apply to register or alter parentage particulars after registration (s 16(1)).
• Responsible persons at births. Where a child is born in hospital or brought there within 24 hours, the hospital chief executive officer is the responsible person obliged to give written notice of the birth (s 5(3)(a)). Otherwise the doctor or midwife responsible for professional care at the birth is the responsible person (s 5(3)(b)). Those persons face a maximum 5‑penalty‑unit sanction for failure to notify (s 5(1), (4)).
• Doctors, midwives and funeral directors. Doctors must provide death notification and a statement of cause within 48 hours where applicable (s 35). Funeral directors (or those arranging disposal) must provide written statements about disposal, identity and related particulars within prescribed timeframes (s 37), with maximum penalties specified at s 37(1)-(3).
• Applicants for registration changes. Adults and qualifying young people may apply to change name (pt 3), and persons aged 14 or older (or qualifying younger persons) may apply to alter the recorded sex (pt 4). The registrar-general determines registration subject to statutory satisfaction criteria (s 20(2), s 24(1)-(3)). Applicants are the principal persons who bear procedural costs and evidentiary burdens under s 20(3) and s 25.
• Restricted persons and corrections directorates. A restricted person (prisoner or parolee) seeking a name change must apply for approval from the relevant director-general (ss 22A-22C). The relevant director-general decides approval within 30 days and may refuse where the change would adversely affect security, safety, discipline, supervision, or be used for unlawful ends (s 22C). Failure to obtain approval creates an offence for the restricted person or anyone applying on their behalf (s 22E), and the registrar-general must not register a change absent the relevant director-general’s approval (s 22F). Corrections agencies therefore control a veto-like gate for name changes of incarcerated and supervised persons.
• Registrar-general. The registrar-general is the operational decision-maker for registering events (ss 11, 38), maintaining the register and indexes (s 39), correcting entries (s 40), conducting inquiries and compelling information (s 41), and deciding applications for access and searches subject to adequacy-of-reason and policy constraints (ss 42-43). The registrar-general also issues certificates (s 45), registers parentage orders (s 16A), and may enter into service arrangements (s 48).
• Courts and tribunals. The Supreme Court can order registration or inclusion of particulars (s 15). The ACT Civil and Administrative Tribunal (ACAT) has a designated role to grant leave for certain applications by young persons under pt 4A (ss 29E-29I). Applicants and other persons listed in schedule 1 may seek ACAT review of reviewable decisions (ss 53-55; sch 1).
• Public advocate and privacy stakeholders. ACAT must notify the public advocate and parents (with privacy exceptions) when a young person applies for leave (s 29F). The registrar-general must protect privacy in providing register extracts (s 44). Individuals and parties affected by registrar or director-general decisions are entitled to review rights under part 8 (ss 53-55; sch 1).
• Health and allied regimes. The Act interfaces with other statutory regimes: coronial notices (Coroners Act 1997 referenced in s 34), parentage orders under the Parentage Act 2004 (ss 16A-16B), tissue-donor verification under the Transplantation and Anatomy Act 1978 (s 38A), and the Voluntary Assisted Dying Act 2024 in relation to manner of death reporting (s 42(3); s 45 notes). These external actors thus affect which records are created and how.
• Minister and government. The Minister determines fees (s 67) and may enter arrangements with other jurisdictions (s 66). The registrar-general may remit fees (s 68) and approve forms (s 69).

Who pays and who decides: compliance costs fall primarily on medical practitioners, hospitals, funeral directors, parents and applicants (notification deadlines, documentary requirements), while decision-making authority rests with the registrar-general for registration, with limited supervisory roles for the Supreme Court and ACAT and a gatekeeping role for relevant director-generals in respect of restricted persons. Judicial or ACAT review rights are available to affected persons (ss 53-55; sch 1).

This section identifies statutory duties, documentary and timing requirements, and the principal rights the Act creates , including evidentiary effects , with references to precise provisions.

Duties and procedural requirements

• Birth notifications and registration. If a child is born in the ACT, the responsible person must give the registrar-general written notice with prescribed particulars and required certificates (s 5(1)-(2)). Deadlines: 7 days after birth for a child born alive; 48 hours after a stillbirth (s 5(2)(b)). The parents are responsible for ensuring a child’s birth is registered and must lodge a birth registration statement with the registrar-general (ss 8(1); 9(1)). A person responsible must lodge an acceptable birth registration statement within 6 months; failure is a strict liability offence with a maximum of 5 penalty units (s 10(1)-(2)).
• Death notifications and registration. Doctors must give written notice of death and cause within 48 hours if they were responsible for care or examined the body (s 35(1)). Funeral directors or persons arranging disposal must notify the registrar-general with prescribed particulars within 7 days , and if removing remains from the ACT or retaining remains beyond 30 days, different timeframes and higher maximum penalties apply (s 37(1)-(4)). Deaths must be registered by entry including prescribed particulars; registrar-general may register with incomplete particulars if not all are available (s 38(1)-(2)).
• Marriages and civil unions. Marriages solemnised in the ACT are to be registered (s 30). Civil unions entered under the Civil Unions Act 2012 must be registered; celebrants have two-week notice duties to the registrar-general and face a 5-penalty-unit maximum for failure (s 32B(2)-(3)).
• Change of name and change of sex. Adults may apply for change-of-name registration if domiciled or resident in the ACT or if born in the ACT (s 18). Parents may apply for children’s name changes with conditions (s 19). The registrar-general must not register a change unless satisfied as to identity, age and that the change is not for a fraudulent or improper purpose (s 20(2)). For change of sex, applicants must meet age/consent thresholds (s 24) and provide documents prescribed by regulation (s 25); the registrar-general must make or refuse the required alteration on receipt of an application (s 26).
• Death-certificate handling and coronial interplay. The registrar-general must not register a death unless given a notice under s 35 or a coronial notice s 56 (s 34(1)). If a death is subject to coronial inquest and registered before a finding, death certificates must be endorsed accordingly (s 36).
• Inquiry powers and compulsion. The registrar-general may conduct inquiries and serve notices requiring provision of information; failure to comply is a strict liability offence with a maximum 50 penalty units (s 41(1)-(4)). The Act advises application of privilege against self-incrimination principles (Legislation Act references).
• Records, corrections and confidentiality. The registrar-general must maintain registers and indexes (s 39). Corrections must reflect reliable information and court findings (s 40). In providing extracts, the registrar-general must protect privacy (s 44) and follow the written statement of policies (s 46).

Rights and evidentiary effects

• Right to apply and access. Persons may apply for access to the register or for information and searches; the registrar-general has discretion but must consider adequate reason, sensitivity, intended use and relationship to the subject (ss 42-43). Access is subject to policies maintained under s 46 and any conditions necessary to protect privacy (s 42(4)(b)).
• Certificates and legal effect. The registrar-general issues certificates (s 45) which are evidence of the particulars certified. A recognised details certificate (s 29C) or an interstate recognition certificate is evidence in territory law that the person is of the sex stated (s 65(2)-(3)). Certificates authenticated by the registrar-general’s signature or authorised facsimile are conclusive evidence of the matters stated (s 65(1)).
• Judicial and tribunal review. Schedule 1 and part 8 identify reviewable decisions (for example, refusal to register a change of name s 20(2), refusal to alter register to record change of sex s 26(b), refusal to issue a recognised details certificate s 29C). Review avenues to ACAT exist for persons listed in schedule 1 and any person whose interests are affected (ss 53-55; sch 1).
• Correction and judicial orders. The Supreme Court may order registration or inclusion of particulars and may order amendments to the register; the registrar-general must correct entries to conform with court findings (s 15; s 40(2)). The registrar-general must register parentage orders received under the Parentage Act 2004 (s 16A) and re-register births accordingly (s 16B).

Evidentiary scope and limits

• Manner of death restrictions. The Act prohibits disclosure of manner of death or that a manner of death was recorded when giving access to the register (s 42(3)), and certificates are taken not to include manner of death (s 45(3)). The Act notes interactions with the Voluntary Assisted Dying Act 2024 in relation to notices about manner of death (s 42(3); s 45 notes).
• Privacy and suppression. Persons may request suppression of sex information on birth certificates in specified cases (s 27(2)-(3)). For name changes, former names may be suppressed from certificates where necessary to protect privacy and with appropriate consents (s 21(4)).

Taken together, the Act imposes clear documentary duties and timelines on a set of professional and private actors, allocates gatekeeping and decision powers to the registrar-general, relevant director-generals and ACAT for particular circumstances, and grants evidentiary weight to registered records and registrar-issued certificates (s 65), subject to privacy-based limitations.

The Act establishes a range of criminal and administrative sanctions, some of which are strict liability, together with administrative enforcement tools that the registrar-general may use to protect the integrity of the register.

Monetary and custodial penalties

• Penalty units and amounts. The republication notes state the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (republication notes at front matter). The Act sets maximum penalties in penalty units and, for some offences, includes imprisonment terms. Always consult the current penalty-unit value at the time of enforcement.
• Specific offences and maxima. Several statutory breaches attract modest financial penalties (typically up to 5 or 10 penalty units) and are framed as strict liability:
  • Failure of responsible person to notify a birth (s 5(1)): maximum 5 penalty units; strict liability (s 5(6)).
  • Failure of relevant doctor to provide certificate for stillbirth (s 5(4)): maximum 5 penalty units; strict liability.
  • Failure to lodge a birth registration statement within 6 months (s 10(1)): maximum 5 penalty units; strict liability (s 10(2)).
  • Failure by doctor to notify death within 48 hours when required (s 35): maximum 5 penalty units; strict liability (s 35(2)).
  • Failure by funeral director or arranger to give required statement (s 37): maximums range from 5 to 50 penalty units depending on the particular subsection and circumstance (s 37(1)-(3)); strict liability (s 37(4)).
  • Failure to comply with a registrar-general inquiry notice (s 41(3)): maximum 50 penalty units; strict liability (s 41(4)).
• Larger penalties and custodial exposure. The Act reserves higher sanctions, including imprisonment, for serious misuse of documents or interference:
  • Producing an old birth certificate to deceive (s 28): maximum 50 penalty units, imprisonment for 6 months, or both. This offence is framed to criminalise intent to deceive using documents showing sex before an alteration.
  • Unauthorised access to, or interference with, the register or records (s 50): maximum 50 penalty units, imprisonment for 6 months, or both. This captures making, altering or deleting entries or other interference without authority.
  • Failure to surrender forged/erroneous instrument when required (ss 51(2), 52(2)): maximum 50 penalty units, imprisonment for 6 months, or both.

Administrative enforcement tools

• Confiscation and surrender powers. The registrar-general may confiscate instruments that purport to be issued for the Act but are forged, falsified, or issued in error or fraud (ss 51-52). The registrar-general may require surrender immediately or via written notice within 14 days (ss 51(2), 52(2)); non-compliance is an offence (ss 51(3), 52(3)).
• Corrections and cancellations. The registrar-general may correct the register to reflect the most reliable available information or court findings (s 40). Corrections include adding or cancelling entries, or altering particulars (s 40(3)). Section 51 and 52 also permit confiscation of certificates where the underlying register entry has been cancelled or corrected since issue.
• Gatekeeping and pre-approval powers. For restricted persons the relevant director-general’s approval is required to permit a change-of-name application to be made (s 22B-22C). The registrar-general must not register a change without receiving written notice approving the application from the director-general (s 22F). The director-general is permitted to refuse approval where the proposed change would adversely affect security, safety, supervision or be used for illegal purposes (s 22C(3)).
• Privacy and secrecy orders. ACAT can make orders restricting disclosure of evidence and materials in leave hearings for young persons, and contravention of such an order attracts criminal sanctions (s 29G(8)-(10)): maximum 50 penalty units, imprisonment for 6 months, or both.

Enforcement characteristics and procedural protections

• Strict liability offences. The Act identifies multiple strict liability offences (s 5(6), s 10(2), s 35(2), s 37(4), s 41(4)). Strict liability reduces the prosecution’s burden (no need to prove mens rea) for several compliance duties but the Legislation Act and Criminal Code framework govern defences and application of privilege (s 4A note).
• Judicial and tribunal review. Many decisions are reviewable under part 8 and schedule 1, enabling affected persons to seek ACAT review of decisions such as refusals to register changes of name (s 20(2)), refusals to register change of sex (s 26(b)), and refusals to issue recognised details certificates (s 29C). Review limits and notice obligations are prescribed (ss 53-55; s 54 requires reviewable decision notice).
• Interaction with criminal law. Section 4A directs that the Criminal Code applies to offences against the Act; that means general principles of criminal responsibility, burdens of proof, and defences in the Code are applicable. Penalty expressions in penalty units are governed by the Legislation Act (s 4A notes).
• Registrar-general’s discretion in access and remediation. The registrar-general’s decisions about access, searches and provision of certificates are tempered by statutory duties to maintain privacy and policy prescriptions (ss 42-46). The registrar-general may also refund or remit fees (s 68), which is an administrative relief mechanism.

Practitioners and compliance officers should note the mix of modest financial penalties for administrative defaults and higher criminal exposure for deliberate deception or register interference. The Act combines criminal sanctions (including custodial exposure), administrative remedies (corrections, confiscations), and tribunal review to enforce compliance while providing procedural safeguards for privacy and judicial oversight.

The Act is designed to operate within a broader legal ecosystem. It both imports concepts from and defers to other statutory regimes in several specific ways set out in the text. These are the concrete cross-legal linkages and operational points to be aware of.

• Criminal law and evidentiary framework. Section 4A expressly provides that the Criminal Code applies to offences against the Act. The Code’s general criminal responsibility principles (intent, recklessness, strict liability, burdens of proof and defences) therefore apply to prosecutions under the Act. The Legislation Act governs penalty-unit calculation and the legal status of notes.
• Parentage and surrogacy laws. Parentage orders under the Parentage Act 2004 (s 16A) and corresponding parentage laws must be registered by the registrar-general; a sealed copy of such an order triggers mandatory registration (s 16A(1)-(2)) and re-registration of existing birth entries (s 16B). The endnotes record amendments from the Parentage (Surrogacy) Amendment Act 2024 (A2024-31), indicating statutory updates to parentage provisions (endnote 3).
• Coroners and cause-of-death interplay. The registrar-general must not register a death unless given a notice under s 35 or a coronial notice under the Coroners Act 1997, s 56 (s 34(1)(b)). If a death subject to a coronial inquest has been registered before the coroner’s finding, the death certificate must be endorsed to indicate that fact (s 36). These cross-references ensure coronial processes are recognised and that registration does not obstruct coronial determinations.
• Voluntary assisted dying and manner of death suppression. The Act bars disclosure of manner of death and that a manner of death was recorded when giving access to the register (s 42(3)), and it takes registered death entries not to include manner of death for certification purposes (s 45(3)). The Act’s notes reference the Voluntary Assisted Dying Act 2024 obligations on notice to the registrar-general (s 42 note; s 45 note), signalling statutory interplay where manner-of-death issues are sensitive.
• Adoption and integrated birth certificates. The Act permits the registrar-general to issue an integrated birth certificate for an adopted person when certain conditions are met, and it cross-references entitlement under the Adoption Act 1993, part 5 (s 45(4)-(5)). The Act therefore recognises adoption law access rights in the form and content of certificates.
• Transplantation and tissue‑donor law. Section 38A provides that the registrar-general must include a statement in the register that a deceased person was a tissue donor on written request by next of kin, with verification under the Transplantation and Anatomy Act 1978. This integrates organ and tissue donation records with civil-status records.
• Family law and parental responsibility. The Act treats parental responsibility and family law orders as determinative in applications for children’s name changes or decisions about a child’s sex (s 19(2)(b), s 24(2) and examples). It explicitly references parenting orders under the Family Law Act 1975 and the Children and Young People Act 2008 in explanatory examples (s 19(3), s 24(3) examples). Thus federal family law arrangements may affect who can apply alone and who must consent.
• Corrections and parole regimes. Division 3.2 references corrections administrative structures and parole laws: restricted person is defined to include those serving sentences or subject to parole orders; the relevant director-general is the corrective-authority official who approves change-of-name applications for restricted persons (s 22A). Corresponding parole laws are considered for persons under parole outside the ACT (s 22A).
• Inter-jurisdictional arrangements and recognition. Section 66 authorises the Minister to enter arrangements with the Minister of a corresponding law (State/Territory) to exercise functions of registering authorities reciprocally, to establish shared databases, and to provide for payments between participants. The Act also recognises interstate recognised details certificates and interstate recognition certificates (s 29D; s 65(4)-(3)) as evidentiary in territory law.
• Regulatory and subsidiary law. The Executive may make regulations on a wide range of points, including prescribed particulars for registration, evidence, and offences under regulations with penalties up to 10 penalty units (s 70). The Act delegates fee-setting to the Minister (s 67) and form approval to the registrar-general (s 69).
• Administrative law oversight. Schedule 1 and part 8 provide avenues of administrative review to ACAT for many decisions listed as reviewable decisions (ss 53-55; sch 1). The ACAT procedures created in part 4A (ss 29E-29I) also define the tribunal’s role in authorising applications by young persons. The Act therefore embeds both judicial and tribunal oversight into registration decision-making.

Those implementing or relying on registrations will need to coordinate documentary requirements and timing with coronial processes, parentage and surrogacy orders, family law orders, corrections approvals, and interstate recognition arrangements. The Act’s cross-references and explicit delegation mechanisms provide a legal architecture for those interrelationships.

The Act contains an embedded legislative history in the endnotes, which documents multiple amendments over time. This section captures the amendments recorded in the republication and the specific textual changes the Act attributes to those amending instruments.

• Foundational enactment and republication. The Act was originally enacted as the Births, Deaths and Marriages Registration Act 1997 (A1997-112), notified 24 December 1997 and with remainder commenced 24 June 1998 (legislation history endnote 3).
• Early and substantive amendments. The Act has been amended repeatedly. Significant early amendments include the Artificial Conception Amendment Act 2000 (A2000-51) which inserted part 2.4 (intended parent information) and functions related to parentage orders (s 16A-16B), and the Parentage Act 2004 which introduced cross-references to parentage orders (see leg history).
• Offence and Criminal Code harmonisation. The Criminal Code (and harmonisation amendments) affected how offences under the Act are to be prosecuted; s 4A explicitly states the Criminal Code applies to offences against the Act. The Statute Law Amendment and Criminal Code amendment Acts in the 2000s adjusted relevant offence provisions (see amendment history).
• Changes affecting names, sex, minors and tribunal role. Several recent clusters of amendments changed the treatment of young persons, tribunal leave and the mechanics for recognition of details:
  • Part 4A (ACAT leave for certain applications by young persons) was inserted by the Births, Deaths and Marriages Registration Amendment Act 2020 (A2020-40) (s 29E-29I) and was further amended by subsequent Acts (A2021-33; A2024-9) (see amendment history).
  • The Act’s provisions dealing with change of sex, recognised details certificates, and evidence for applications saw amendments across 2014-2024 (A2014-8; A2016-7; A2020-40; A2024-9).
• Restricted persons (corrections) insertion. Division 3.2 (Change of name,restricted people) was inserted by the Corrections and Sentencing Legislation Amendment Act 2014 (A2014-6) and subsequent amendments refined its operation (s 22A onwards). These provisions created the approval pathway and information-sharing with corrections (ss 22B-22H).
• Tissue donor acknowledgement and transplant integration. The Births, Deaths and Marriages Registration (Tissue Donor Acknowledgment) Amendment Act 2020 (A2020-17) inserted s 38A requiring the registrar-general to include a tissue-donor statement on request by next of kin (ss 38A(1)-(3)).
• Parentage (Surrogacy) Act amendments. Parentage (Surrogacy) Amendment Act 2024 (A2024-31) amended sch 1 and text related to intended parent information and parentage order registration; the Act records that sch 1 commenced 10 July 2024 (leg history).
• Voluntary Assisted Dying Act interlink. The Voluntary Assisted Dying Act 2024 (A2024-24) introduced cross-references concerning manner of death notifications to the registrar-general and to the Voluntary Assisted Dying Oversight Board; the legislation history notes commencement for the relevant provisions on 3 November 2025.
• Recent statutory housekeeping. The republication records the Statute Law Amendment Act 2025 (A2025-29) with parts commencing 6 December 2025; this republication itself is effective 6 December 2025.

Examples of specific insertions and dates (from endnote 3 and amendment history):

• A2014-6 (Corrections and Sentencing Legislation Amendment Act 2014) inserted division 3.2 (restricted persons) (see s 22A et seq). The amendment history records the insertion and subsequent renumbering activity.
• A2020-40 (Births, Deaths and Marriages Registration Amendment Act 2020) inserted part 4A (ACAT leave provisions) and related definitions (s 29E-29I; s 19A), with commencement dates recorded in the amendment history (A2020-40 notified 20 August 2020; remainder commenced 20 Aug 2021).
• A2024-9 (Births, Deaths and Marriages Registration Amendment Act 2024) made a tranche of changes (ss 8-11, 13-23, 25, 26) with staged commencement (noted in the endnotes that many subsections commenced 29 March 2024 and remainder 28 March 2025).
• A2020-17 (Tissue Donor Acknowledgment) inserted s 38A, with remainder commencing 6 May 2021 (leg history).

The endnotes to this republication are detailed and itemised. They list the amending Acts, dates of notification and commencement, and in many cases the specific sections inserted, amended or omitted. They also include a table of earlier republications, showing periodic consolidation and republishing since 1999, and note a High Court ruling that affected a discrete amendment (the Marriage Equality (Same Sex) Act 2013 was held to be of no effect in Commonwealth v Australian Capital Territory [2013] HCA 55, referenced in the endnotes and amendment history).

Practitioners relying on the Act should consult the endnotes in the republication for precise commencement dates and for historical context on which provisions were recently added or modified. The Act’s text itself cross-references the Legislation Act and other statutes; the amendment history in the endnotes evidences ongoing refinement in areas such as parentage, youth tribunal processes, corrections approvals, tissue-donor acknowledgment, and interactions with voluntary assisted dying law.

The textual republication records a limited, specific litigation reference. The Act itself and its endnotes do not present a broad case law digest; they do, however, record one High Court outcome that had a direct statutory consequence.

• Commonwealth v Australian Capital Territory [2013] HCA 55. The endnotes and amendment history explicitly note that the Marriage Equality (Same Sex) Act 2013 (A2013-39) was enacted in the ACT but was held to be of no effect by the High Court in Commonwealth v Australian Capital Territory [2013] HCA 55. The amendment history and earlier republication notes annotate that the provisions from A2013-39 never became effective and were reissued (see endnotes 3 and 4). The republication marks that the relevant amendments were never effective due to the High Court decision.
• No other cases are named in the statute text. The Act grants judicial powers to courts (Supreme Court) and tribunal review through ACAT (part 8; schedule 1), so the Act anticipates litigation and review, but the republication does not catalogue judicial decisions arising under the Act beyond the High Court matter noted.

Consequences of the recorded litigation

• The High Court decision mentioned had the concrete effect of rendering the Marriage Equality (Same Sex) Act 2013’s amendments inoperative; the endnotes reflect the reissue and non-effect of the 2013 Act’s amendments. The republication therefore documents how constitutional and federal issues can invalidate territory law amendments in this subject area.
• Apart from that, the Act provides pathways for judicial relief and correction of registers (s 15, s 40), and mechanism for review by ACAT (pt 8, sch 1). These provisions create potential litigation points: e.g. Supreme Court applications to order registration or inclusion of particulars (s 15), or ACAT review of registrar-general decisions (pt 8).

For practitioners seeking case law applying the Act (judicial interpretation of s 24 alterations of sex, s 20 change-of-name decisions, or review of registrar-general discretion under ss 42-45), the Act’s republication does not list such cases; one must search court and tribunal databases for decisions citing the Act. The statute itself is structured to allow both judicial remedy (Supreme Court) and administrative review (ACAT) for specified reviewable decisions (sch 1), which will provide the forum for any litigation or review that develops in practice.

The Act contains numerous procedural traps and subtleties that can catch practitioners and clients if overlooked. Below are specific items drawn from the statutory text that require attention in practice.

• Strict liability offences for routine duties. Several notification and lodgement duties are strict liability offences (s 5(6); s 10(2); s 35(2); s 37(4); s 41(4)). Strict liability eliminates the need to prove intent or knowledge. Practitioners must ensure clients in professional roles (doctors, midwives, hospital CEOs, funeral directors) comply promptly with time limits and documentary requirements to avoid exposure to fines.
• Timing windows differ by event and circumstance. Birth notification windows vary: 7 days for a live birth, 48 hours for a stillbirth (s 5(2)(b)). But the obligation to lodge an acceptable birth registration statement is 6 months (s 10(1)), and the registrar-general may nonetheless accept late statements and must not refuse a statement solely because lodged after 6 months (s 9(5)). This interplay creates a tension: statutory offence for failing to lodge within 6 months but a registrar discretion not to refuse acceptance if late,practically, legal exposure exists if the 6-month deadline is missed even though registration may be ultimately accepted.
• Birth-parent sole decision for early stillbirths with consultation requirement. The birth parent of a stillborn child who showed no heartbeat before 20 weeks gestation is solely responsible for deciding whether to register the birth but must consult the other parent unless it is not reasonably practicable or appropriate (s 8(2)-(3)). The right to sole decision is constrained by the procedural consultation requirement and exceptions are fact‑sensitive (contactability, risk of violence, agreement terms etc). Practitioners should record decisions and reasons for non-consultation carefully.
• Restricted person gatekeeping and criminal-risk threshold. Restricted persons (prisoners and parolees) cannot make or have change-of-name applications processed without approval from a relevant director-general (ss 22B-22F). Making or facilitating an application without approval is an offence (s 22E). Approval may be refused where the change would “adversely affect” security or be used to evade supervision (s 22C(3)). Corrections agencies thus exercise operational control over name-change processes for restricted persons and may provide security‑sensitive grounds for refusal; the Act gives the director-general discretion to withhold reasons to the extent they would disclose security-sensitive information (s 22I).
• Registrar-general discretion and adequacy-of-reason test. Access and search requests are discretionary (ss 42-43). The registrar-general must be satisfied the applicant has an adequate reason and act in accordance with published policies (s 42(2); s 46). “Adequate reason” includes factors like the nature of the applicant’s interest and sensitivity of information (s 42(5)), but the statutory test is inherently subjective; expect contested decisions and ACAT review (ss 53-55).
• ACAT leave and privacy complexity for children. Part 4A imposes notice obligations to parents and the public advocate for ACAT leave applications by young persons (s 29F), but the ACAT must not notify where doing so could reasonably be expected to adversely affect the young person (s 29F(1)(b)). The ACAT process includes private hearings and strict confidentiality orders (s 29G(2)-(3), (8)-(10)). Practitioners must navigate delicate evidence disclosure, possible exclusion of parents from notice, and potential conflict between a child’s privacy and parental rights.
• Manner of death suppression and interplay with other Acts. The Act restricts disclosure of manner of death in access decisions and certificates (s 42(3); s 45(3)), yet other statutes (notably the Voluntary Assisted Dying Act 2024) impose notice obligations to the registrar-general and the oversight board (s 42 notes). Practitioners dealing with estates or rights contingent on manner of death need to be aware that access to manner-of-death information is limited and handled through statutory channels.
• Evidence requirements are delegated to regulation. For changes of sex and recognised details, the Act requires documents prescribed by regulation (s 25; s 29B), but the Act itself does not list the evidentiary thresholds. That means operational practice depends on the current regulations and approved forms (s 69). Lawyers must check the regulation and registrar‑general’s policy to advise clients on documentary sufficiency.
• Confiscation powers and surrender notices. The registrar-general may require surrender of forged, falsified, erroneous, or fraudulently issued instruments (ss 51-52). Non-compliance is a criminal offence with significant penalties. Entities receiving an apparent certificate that is subsequently cancelled must respond promptly to surrender notices to avoid criminal exposure.
• Name prohibitions and subjective undesirable standard. The Act allows the registrar-general to treat some names as prohibited (dict: obscene/offensive, too long, misleading, resembling titles, undesirable in registrar-general’s opinion, or regulated by statute). The registrar-general’s discretion to declare a name “undesirable” (dict, para (e)) introduces subjectivity; applicants who face refusal can resort to judicial remedies or ACAT review where applicable (sch 1 items 2-3).
• Interaction with interstate registrations. The Act disallows registration of births if they are already registered under a corresponding law (s 7(4)) and contains processes for interstate recognised details certificates (s 29D). For cross-jurisdictional births or migrations, practitioners must ensure compliance with the relevant registering authority’s rules and potential arrangements under s 66.

In short: strict liability deadlines, discretionary access regimes, security-sensitive refusals for restricted persons, ACAT privacy processes for minors, and delegated evidentiary requirements are the primary operational pitfalls. Clients need timely compliance and careful documentary practice, and practitioners should cross-check regulations, access policies (s 46), and any corrections- or parentage-related orders before preparing applications.

This section provides a practical, source-grounded checklist for common compliance tasks under the Act, with section references. It is framed for practitioners advising parents, doctors, funeral directors, registry staff, and applicants for name or sex changes.

Births (parents, hospitals, doctors, midwives)

• Notification timeline and who must notify: If a child is born in the ACT, ensure the responsible person (hospital CEO for births in hospital or brought to hospital within 24 hours, otherwise the attending doctor or midwife) sends a written notice to the registrar-general within the statutory timeframe: 7 days for live births and 48 hours for stillbirths (s 5(1)-(3), s 5(2)(b)). For stillbirths, a relevant doctor must deliver a certificate of cause of fetal death within 48 hours to the hospital CEO or the attending doctor/midwife (s 5(4)). These are strict liability obligations (s 5(6)).
• Birth registration statement and who signs: Parents discharge the obligation to register a birth by signing and lodging a birth registration statement with the registrar-general setting out the required particulars (s 9(1)). The registrar-general may accept a statement signed by only one parent in specified circumstances (s 9(2)), for example if it is impracticable to obtain the other parent’s signature or if a birth parent of a stillborn child has chosen to register the birth (s 9(2)(a)(i)-(ii)). If parents cannot or will not sign, check s 9(4) (registrar-general may accept statements from other persons if satisfied of knowledge and inability/unlikeliness of parents to lodge).
• Lodge within 6 months but note statutory offence: Lodge an acceptable birth registration statement within 6 months (s 10(1)) , failure is a strict-liability offence (s 10(2)). Even though the registrar-general must not refuse a statement solely because lodged after 6 months (s 9(5)), compliance within 6 months avoids prosecution risk.
• Name selection and disputes: Ensure the name is not prohibited. If parents cannot agree and both have lodged, the registrar-general must assign a name (s 12). For disputes, either parent may apply to the Magistrates Court to resolve the name (s 13).

Deaths (doctors, funeral directors)

• Doctor notification and cause of death: Doctors responsible for medical care immediately before death, or who examined the body, must give written notice of death and cause within 48 hours (s 35(1)-(2)). This is a strict liability offence (s 35(2)). If a death is reported to a coroner, the doctor can rely on that reporting (s 35(3)).
• Funeral director disposals and overseas removal: Funeral directors or arrangers must give the registrar-general a written statement within 7 days after disposal containing specified particulars (s 37(1)). If remains are removed from the ACT, provide the statement within 28 days (s 37(2)). Failure attracts graduated maximum penalties (s 37(