Births, Deaths and Marriages Registration Act 1999
In ForceTAS
Jurisdiction
Tasmania
Act Number
58 of 1999
Collection
act
Plain English Summary
7/10 complexity
This Act creates a state system for recording births, deaths, marriages, name and gender changes by establishing a Registrar, a Register and rules for notification, entry, access, fees and penalties. It sets who must notify (parents, health professionals, coroners, funeral directors), how people may register or change names and genders (including special rules for minors and limits on altering recorded sex), and gives the Registrar discretion over access and paid services. It matters for identity, legal status, privacy and service access.
Mechanically, the Act establishes a statutory registration system for births, deaths, marriages, changes of name and changes of gender. It creates the office of the Registrar of Births, Deaths and Marriages, defines the Registrar’s functions and staff arrangements (ss 4-6), and requires maintenance of a Register (s 40) with index and specified entries (ss 40(2), 40(4)). The Act prescribes mandatory notification duties and time limits: hospitals or responsible persons must notify births (s 11), parents must ensure a birth registration statement is lodged (ss 13-15), medical practitioners must notify deaths and give a cause-of-death certificate (s 35), and funeral directors must provide disposal particulars (s 37). The Registrar may register births, marriages and deaths by making entries in the Register (ss 12, 31, 38), may accept incomplete particulars where necessary (ss 16(2), 38(2)), and may correct or cancel entries (s 42).
The Act establishes a procedure for change of name by registration (Part 4, ss 22-28) and creates a separate Part for gender identity matters (Part 4A, ss 28A-28E). The gender provisions allow registration of a gender (including non-binary forms prescribed by s 3A) and provide a process for applications (s 28A), magistrate approval for some applications involving persons under 16 (s 28B), Registrar decision-making with reasons and review rights (s 28C(1), (6); s 53), and rules about how a registered gender interacts with other laws (s 28D). The Act also governs access to register information, searches and issue of certificates (ss 43-46), including who may see sex or gender information on birth certificates and how those entries must be presented (s 46(3)-(7)). The Registrar has inquiry and enforcement powers (ss 41-42, 56(3)), may delegate (s 7), and may set or negotiate fees and charge for additional services (ss 48-51).
Current sections
Direct links to the current provisions in Births, Deaths and Marriages Registration Act 1999.
(1) Sections 1 , 2 and 62 commence on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on a day to be proclaimed.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
adult means a person who is aged 18 years or older or, although under that age, is or has been married;
authorised celebrant means an authorised celebrant under the Marriage Act 1961 of the Commonwealth, as amended;
birth means the expulsion or extraction of a child from its mother;
birth registration statement means the statement referred to in section 13 ;
change of name includes an addition, omission or substitution;
child includes a stillborn child;
corresponding law means a law of another State that provides for the registration of births, deaths and marriages;
death does not include a stillbirth;
disposal of human remains means –
(a) cremation of the remains; or
(b) burial of the remains, including burial at sea; or
(c) placing the remains in a mausoleum or other permanent resting place; or
(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or
(e) removal 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);
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]gender declaration means a statutory declaration in which the declarant declares that the declarant identifies as being of the gender specified in the declaration and lives, or seeks to live, as a person of that gender;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]sex characteristics means a person's physical, hormonal or genetic features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, genes, hormones, and secondary sexual characteristics;
State includes a Territory;
stillbirth means the birth of a stillborn child;
stillborn 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.
(e) a word, or a phrase, that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female and that is prescribed; or
(f) a word or phrase that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female.
(2) For the purposes of the definition of gender in subsection (1) –
(a) a reference, in paragraph (a) of the definition, to "male" is to be taken to be a reference to the male gender; and
(b) a reference, in paragraph (b) of that definition, to "female" is to be taken to be a reference to the female gender.
(3) Without limiting the grounds on which the Registrar may refuse to register a gender in relation to a person, the Registrar may refuse to register, as a gender in relation to a person, a word or phrase (other than a word or phrase specified in or under paragraph (a) , (b) , (c) , (d) or (e) ) if the Registrar is of the opinion that the word or phrase is not within paragraph (f) of the definition of gender in subsection (1) .
The Registrar may delegate to any person any of the Registrar's powers or functions other than this power of delegation.
Division 2
Execution of documents
Division 2 Execution of documents
8
The Registrar's seal
8 The Registrar's seal
The Registrar has a seal.
9
Execution of documents
9 Execution of documents
(1) The 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.
(2) If a document produced before a court or an administrative authority or official is apparently under –
(a) the Registrar's signature and seal; or
(b) a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or some other method authorised by regulation –
the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority.
(3) Judicial notice is to be taken of the seal.
Division 3
Reciprocal administrative arrangements
Division 3 Reciprocal administrative arrangements
10
Reciprocal administrative arrangements
10 Reciprocal administrative arrangements
(1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for –
(a) the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and
(b) the exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act.
(2) When an arrangement is in force under this section –
(a) the 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
(b) the 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.
(3) An arrangement under this section may –
(a) establish a database in which information is recorded for the benefit of all the participants in the arrangement; and
(b) provide for access to information contained in the database; and
(c) provide for payments by or to participants in the arrangement for services provided under the arrangement.
Part 3
Registration of births
Part 3 Registration of births
11
Notification of births
11 Notification of births
(1) When a child is born in the State, the responsible person must give notice of the birth to the Registrar.
(2) Notice is to –
(a) be in writing or in any other manner or form approved by the Registrar; and
(b) include any particulars the Registrar requires.
Penalty: Fine not exceeding 10 penalty units.
(3) The notice must be given –
(a) in the case of a live birth, within 21 days after birth; or
(b) in the case of a stillbirth, within 48 hours after birth.
Cases in which registration of birth is required or authorised
12 Cases in which registration of birth is required or authorised
(1) When a child is born in the State, the birth must be registered under this Act.
(2) If 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.
(3) If 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.
(4) If a child is born outside the Commonwealth, but the child is to become a resident of the State, the birth may be registered under this Act.
(5) The Registrar must not register a birth under subsection (3) or (4) if the birth is registered under a corresponding law.
13
How to have the birth of a child registered
13 How to have the birth of a child registered
A person has the birth of a child registered under this Act by lodging a birth registration statement in a manner and form approved by the Registrar.
14
Responsibility to have birth registered
14 Responsibility to have birth registered
(1) The 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 not practicable to obtain the signatures of both parents on the birth registration statement.
(2) If a child is a foundling, the person who has custody of the child is responsible for having the child's birth registered.
(3) The Registrar may accept a birth registration statement from a person who is not responsible for having the child's birth registered if satisfied that –
(a) the person lodging the statement has knowledge of the relevant facts; and
(b) the child's parents are unable or unlikely to lodge a birth registration statement.
(a) within 60 days after the date of the birth; or
(b) in the case of a live birth where variations of sex characteristics do not allow for an easy assignment of sex, within 120 days of birth.
Penalty: Fine not exceeding 10 penalty units.
(2) The Registrar must accept a birth registration statement even though it is lodged after the period of 60 days.
(3) The Registrar, at any time before registering a birth, may request that further information be provided to support the birth registration statement.
16
Registration
16 Registration
(1) The Registrar registers a birth by making an entry about the birth in the Register.
(2) However, if the particulars available to the Registrar are incomplete, the Registrar may register a birth on the basis of those incomplete particulars.
(4) [Section 16 Subsection (4) inserted by No. 7 of 2019, s. 16, Applied:05 Sep 2019] The Registrar may not change from male to female, or from female to male, the registered sex in relation to a person, except if it is necessary to correct an error made before or at the time the person's sex was first registered in relation to the person.
(a) to prevent a gender being registered under section 28C(1) in relation to a person; or
(b) to prevent a registered sex in relation to a person ceasing, in accordance with section 28C(7) , to be the registered sex in relation to the person; or
(c) to invalidate the registration of a previous registered sex that occurred before the gender amendments day.
17
Registration of parentage details
17 Registration of parentage details
(1) The Registrar must not include information about the identity of any of a child's parents in the Register unless –
(b) one parent of the child makes an application for the inclusion of registrable information about that identity and the other parent cannot join in the application –
(i) because he or she is dead; or
(ii) because he or she cannot be found; or
(iii) for some other reason; or
(c) one parent of the child makes an application for the inclusion of registrable information about that identity and the Registrar is satisfied that the other parent does not dispute the correctness of that information; or
(d) any court having jurisdiction orders the inclusion of registrable information about that identity in the Register; or
(e) any court having jurisdiction makes a finding that a particular person is a parent of a child; or
(f) the Registrar is entitled under any law, including a law of another State or the Commonwealth, to make a presumption as to the identity of the child’s parent.
(2) The Registrar may include information about the identity of a child’s parent in the Register if –
(a) the Registrar is not prohibited by subsection (1) from doing so; or
(b) despite subsection (1) , both the parents are unable to give registrable information about the identity of a child’s parent or parents or are unavailable and another person can provide information to the Registrar’s satisfaction as to the identity of the child’s parent or parents; or
(c) despite subsection (1) , one parent has provided the birth registration statement and the registrable information relates only to the identity of that parent.
18
Addition of details after registration of birth
18 Addition of details after registration of birth
(1) A person may apply to the Registrar for the inclusion in the Register of additional registrable information about a child's birth.
(2) An application to the Registrar for the inclusion of registrable information in the Register –
(a) must be made in writing; and
(b) must include the information required by the Registrar; and
(c) must, 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.
19
Court may order registration of birth
19 Court may order registration of birth
(1) A magistrate, on application by an interested person or on his or her own initiative, may order –
(a) the registration of a birth; or
(b) the inclusion of registrable information about a birth or a child's parents in the Register.
(2) If a court, including a court of another State or the Commonwealth, finds that –
(a) a birth is not registered as required under this Act or a corresponding law; or
(b) the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or incorrect –
the 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.
Division 4
Child's name
Division 4 Child's name
20
Name of child
20 Name of child
(1) Subject to this section, the birth registration statement must state the name of the child.
(2) The name is a matter of choice for the person or persons lodging the statement, but the Registrar may assign a name to a child if –
(a) the name stated in the birth registration statement is a prohibited name; or
(b) the 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.
21
Dispute about child's name
21 Dispute about child's name
(1) If there is a dispute between parents about a child's name, either parent may apply to a magistrate for a resolution of the dispute.
(2) On an application under subsection (1) , the magistrate may –
(a) resolve the dispute about the child's name as the magistrate considers appropriate; and
(b) order the Registrar to register the child's name in a form specified in the order.
Part 4
Change of name
Part 4 Change of name
22
Change of name by registration
22 Change of name by registration
A person's name may be changed by registration of the change under this Part.
(a) that the proposed change of name for the child is consistent with the will and preference of the child; or
(b) that the child is unable to understand the meaning and implications of the proposed change of name and that the proposed change of name is in the best interests of the child.
(4) If the parents of a child are dead, cannot be found, or for some other reason cannot exercise their parental responsibilities in respect of the child, the child's guardian may apply for registration of a change of the child's name.
25
Child's consent to change of name
25 Child's consent to change of name
A change of a name of a child of more than 12 years of age must not be registered unless –
(a) the child consents to the change of name; or
(b) the child is unable to understand the meaning and implications of the change of name.
26
Registration of change of name
26 Registration of change of name
(1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar's satisfaction –
(a) the identity and age of the person whose name is to be changed; and
(b) that the change of name is not sought for a fraudulent or other improper purpose; and
(c) if the person whose name is to be changed is a child aged 12 years or more, that the child consents to the change of name or is unable to understand the meaning and implications of the change of name.
(2) If 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, the change of name may be registered under this Act.
(3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.
27
Entries to be made in Register
27 Entries to be made in Register
(1) The Registrar registers a change of name by making an entry about the change of name in the Register.
(2) If 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 –
(a) if the birth is registered under this Act, note the change of name in the entry relating to the birth; or
(b) if the birth is registered under a corresponding law, notify the relevant registering authority of the change of name.
(1) A person who has attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.
(2) An application under subsection (1) by a person to have a gender registered in relation to the person –
(a) is to be in the approved form; and
(b) is to be accompanied by a gender declaration made by the person; and
(c) is to be accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.
(3) The parents, or guardians, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.
(4) One of the parents, or a guardian, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person, if –
(a) the applicant is the sole parent named in the registration under this Act of the person's birth; or
(b) the guardian is the sole guardian of the person; or
(c) there is no other surviving parent of the person; or
(d) the registration of the gender in relation to the person is approved by a magistrate under section 28B(2)(a) .
(5) An application under subsection (3) or (4) to have a gender registered in relation to a person is to be –
(a) in the approved form; and
(b) accompanied by –
(i) if the person is able to make a statutory declaration – a gender declaration made by the person; or
(ii) if the person is not able to make a statutory declaration but is able to express the person's will and preference – a statement from each of the applicants stating that the applicant believes on reasonable grounds that the registration of the gender in relation to the person is consistent with the will and preference of the person; and
(c) accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.
(6) An application under subsection (1) , (3) or (4) to have a gender registered in relation to a person who has not attained the age of 18 years may be accompanied by evidence that –
(a) the person has undertaken counselling as to –
(i) whether or not the application ought to be made; and
(ii) the implications of the registration of the gender in relation to the person; and
(b) the counselling was provided by a person, chosen by the applicant, who the applicant considers has suitable qualifications, training or experience to provide such counselling.
(7) An application must not be made under this section in relation to a person within 12 months after a gender has been registered in relation to the person.
28B
Approval by magistrate of registration of gender
28B Approval by magistrate of registration of gender
(1) A parent, or guardian, of a person who has not attained the age of 16 years may apply to a magistrate to approve the registration of a gender, specified in the application, in relation to the person.
(2) A magistrate to whom an application is made under subsection (1) to approve the registration of a gender, specified in the application, in relation to a person may –
(a) approve the registration of the gender in relation to the person; or
(b) refuse to approve the registration of the gender in relation to the person.
(3) A magistrate may only approve the registration of a gender in relation to a person if the magistrate –
(a) is satisfied that the registration of the gender in relation to the person is consistent with the will and preference of the person; or
(b) is satisfied that the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.
(1) The Registrar, after receiving an application made under section 28A(1) , (3) or (4) for a gender to be registered in relation to a person –
(a) must –
(i) register the gender as the registered gender in relation to the person by making an entry in the Register specifying the gender to be the registered gender in relation to the person; and
(ii) make any other changes to the Register that are necessary to indicate that each previous registered sex, and each previous registered gender, of the person is no longer the registered sex or registered gender in relation to the person; or
(b) must refuse to register the gender as the registered gender in relation to the person.
(2) The Registrar may only register under subsection (1) a gender as the registered gender in relation to a person in accordance with an application made under section 28A(3) or (4) if the Registrar is satisfied that –
(a) the gender to be registered in relation to the person is consistent with the will and preference of the person; or
(b) the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.
(3) The Registrar may, before determining under subsection (1) an application made under section 28A(1) , (3) or (4) , require a person who made the application to provide to the Registrar the further documents or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, that relates to the sex, sexual characteristics or gender of the person to whom the application relates.
(4) Despite subsection (3) , the Registrar may, before determining under subsection (1) an application made under section 28A(1) , (3) or (4) in relation to a person, require the applicant to provide to the Registrar appropriate evidence of counselling of the person, if –
(a) the person has not attained the age of 18 years; and
(b) the application is not accompanied by evidence under section 28A(6) of counselling being provided by a person who the Registrar considers is a person with suitable qualifications, training or experience to provide such counselling.
(5) For the purposes of subsection (4) , appropriate evidence of counselling of the person is evidence that –
(a) the person has undertaken counselling as to –
(i) whether or not the application to register a gender ought to be made; and
(ii) the implications of the registration of the gender in relation to the person; and
(b) the counselling was provided by a person, agreed to by the Registrar and the applicant, who the Registrar considers has suitable qualifications, training or experience to provide such counselling.
(6) If the Registrar determines under subsection (1) an application made under section 28A(1) , (3) or (4) by refusing to register a gender as the registered gender in relation to a person –
(a) the Registrar must record the Registrar's reasons for the refusal; and
(b) the Registrar must provide, to the person who made the application, the Registrar's reasons for the refusal; and
(c) the person who made the application may make an application under section 53 in relation to the decision.
(7) If a gender is registered as the registered gender in relation to a person under subsection (1) –
(a) any registered sex that was previously registered in relation to the person ceases to be the registered sex in relation to the person; and
(b) any registered gender that was previously registered in relation to the person ceases to be the registered gender in relation to the person.
(1) If there is a registered gender in relation to a person, the person is, for the purposes of, but subject to, any law in force in this State, a person of that gender.
(2) Subject to subsection (3) , a reference to a person's sex in any law in force in this State is taken to be, in relation to a person whose birth is registered in this State, a reference to –
(a) the registered sex, if any, in relation to the person; or
(b) the registered gender, if any, in relation to the person.
(3) In any law in force in this State –
(a) a reference to the pregnancy of a female, female person or woman includes a reference to the pregnancy of a person of another gender; and
(b) a reference to the termination, or attempted termination, of a pregnancy of a female, female person or woman includes a reference to the termination, or attempted termination, of a pregnancy of a person of another gender; and
(c) a reference to the fertilisation of a human egg outside of the body of a woman does not include the fertilisation of a human egg inside of the body of a person of another gender who has a female reproductive tract; and
(d) a reference to the mother of a child, or a child of a female or a woman, includes a reference to a person of another gender who carried the child in the person's female reproductive tract, or who gave birth to a child, except –
(i) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be such a mother; or
(ii) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be the child of such a mother; and
(e) an assumption as to the ability of a person to procreate as a female or male is to be determined irrespective of the registered gender of the person.
(4) Despite any other provision of an Act –
(a) if a person in respect of whom there is a registered gender requests that a search of the person, that is to be conducted, be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female; and
(b) if a police officer asks a person in respect of whom a search is to be conducted whether the person wishes to have the search be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female.
(5) The registration of the registered gender in relation to a person under section 28C(1) does not affect any relationship of that person arising by consanguinity or by operation of law.
(6) A person who is entitled as a beneficiary –
(a) under a will; or
(b) under a trust; or
(c) otherwise by operation of law –
does not, except as otherwise provided under the will or trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that a registered gender in relation to the person has been registered under section 28C(1) .
(7) Subsection (6) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.
28E
Recognition of certificates issued outside State
28E Recognition of certificates issued outside State
Cases in which registration of marriage is required
29 Cases in which registration of marriage is required
If a marriage is solemnised in the State, the marriage must be registered under this Act.
30
How to have marriage registered
30 How to have marriage registered
A 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 Registrar.
31
Registration of marriage
31 Registration of marriage
A marriage may be registered by –
(a) including the marriage certificate as part of the Register; or
(b) including particulars of the marriage in the Register.
Part 6
Registration of deaths
Part 6 Registration of deaths
32
Deaths to be registered under this Act
32 Deaths to be registered under this Act
(1) If a person dies in the State, the death must be registered under this Act.
(2) If a court 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.
(3) If 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.
(4) If 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.
(5) The Registrar is not obliged to register a death under subsections (3) and (4) if the death is registered under a corresponding law.
(6) If a child is stillborn, the child's death is not to be registered under this Part.
33
Court may order registration of death
33 Court may order registration of death
(1) A magistrate, on application by an interested person or on his or her own initiative, may order –
(a) the registration of a death; or
(b) the inclusion of registrable information about a death in the Register.
(2) If a court, including a court of another State or the Commonwealth, finds that –
(a) the death of a person is not registered as required under this Act or a corresponding law; or
(b) the registrable information contained in an entry about a death in the Register under this Act or a corresponding law is incomplete or incorrect –
the court may direct registration of the death or the inclusion or correction of registrable information in the Register under this Act or the corresponding law.
34
Circumstances in which death not to be registered
34 Circumstances in which death not to be registered
(1) The Registrar must not register a death unless the Registrar –
(b) has been given notice of the death in the form of a certificate issued by a coroner under section 32 of theCoroners Act 1995 that authorises the disposal of the remains of the deceased person; or
(c) has received a notice under section 28 of theCoroners Act 1995 containing the particulars needed to effect or complete registration of the death; or
(d) has been given notice in the form of a document issued, made or given in relation to the death under a corresponding law, being a document which the Registrar is satisfied is equivalent to a notice or certificate referred to in paragraph (a) , (b) or (c) .
(2) Despite subsection (1) , the Registrar must register the death if –
(a) registration of the death is ordered by a court; or
(b) the Registrar is of the opinion that, having regard to the circumstances of the case, it is proper that the death should be registered without any notice, certificate or order referred to in this section.
35
Notification of death by medical practitioner
35 Notification of death by medical practitioner
(1) [Section 35 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] A medical practitioner 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, notify the Registrar of the death and of the cause of death in a form approved by the Registrar.
(b) the funeral director or other person who will be arranging for the disposal of the human remains.
Penalty: Fine not exceeding 10 penalty units.
(4) Notice provided to the Registrar under this section is to be provided free of charge.
36
Notification by coroner
36 Notification by coroner
(1) If a coroner is notified of a death under the Coroners Act 1995 , the coroner must inform the Registrar as soon as practicable after receiving the notification.
(2) If a coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the coroner must give a copy of the disposal authorisation or the finding to the Registrar.
(3) The 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.
(4) A death certificate issued before a coronial inquiry into the cause of death is completed must be endorsed with the words: "Incomplete registration – Cause of death subject to coronial inquiry".
37
Notification by funeral director
37 Notification by funeral director
(1) A 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 –
(a) the name and last residential address of the deceased; and
(b) if the death was reported to a coroner, a statement of that fact; and
(c) the place and manner of disposal; and
(d) any other information required by the Registrar.
Penalty: Fine not exceeding 10 penalty units.
(2) If 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 any other information required by the Registrar.
Penalty: Fine not exceeding 10 penalty units.
(3) If 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 –
(a) the name and last residential address of the deceased; and
(b) if the death was reported to a coroner, a statement of that fact; and
(c) any other information required by the Registrar.
Penalty: Fine not exceeding 10 penalty units.
38
Registration of death
38 Registration of death
(1) The Registrar registers a death by making an entry about the death in the Register.
(2) However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of those incomplete particulars.
39
Registration of death on war service
39 Registration of death on war service
(1) For the purposes of this section, a person is taken to be on war service if the person is engaged on service outside this State –
(a) in the naval, military or air services of the Commonwealth, or of the Sovereign, during any period when a state of war exists between the Commonwealth and any other country; or
(b) in any work in connection with such war.
(2) On the application of any person and on production of a certificate in the form approved by the Registrar purporting to be signed by the officer in charge of the base records of the relevant branch of the Defence Forces, certifying that any person named in the certificate has died while on war service, the Registrar may register the death of that person, even though the death may have occurred more than 12 months before the registration.
Part 7
The Register
Part 7 The Register
40
The Register
40 The Register
(1) The Registrar must maintain a register or registers of registrable events.
(2) The Register –
(a) must contain the particulars of each registrable event required under this Act, or another law, to be included in the Register; and
(b) may contain further information if the Registrar considers its inclusion appropriate.
(3) The Register may be wholly or partly in the form of a computer database, in documentary form, or in another form the Registrar considers appropriate.
(4) The Registrar must maintain the indexes to the Register that are necessary to make the information contained in the Register reasonably accessible.
41
Registrar's powers of inquiry
41 Registrar's powers of inquiry
(1) The Registrar may conduct an inquiry to find out –
(a) whether a registrable event has happened; or
(b) particulars of a registrable event; or
(c) whether particulars of a particular registrable event have been correctly recorded in the Register.
(2) The 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.
(3) A person must not fail, without reasonable excuse, to comply with a notice under subsection (2) .
Penalty: Fine not exceeding 10 penalty units.
42
Registrar may correct Register
42 Registrar may correct Register
(1) The Registrar may correct the Register –
(a) to reflect a finding made on inquiry under Division 2; or
(b) to 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.
(2) The Registrar must, if required by a court, correct the Register.
(3) The Registrar corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry.
43
Access to Register
43 Access to Register
(1) The Registrar may, on any conditions the Registrar considers appropriate –
(a) allow a person or organisation that has an adequate reason for wanting access to the Register, access to the Register; or
(b) provide a person or organisation that has an adequate reason for wanting information from the Register, with information extracted from the Register.
(2) In 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 –
(a) the nature of the applicant's interest; and
(b) the sensitivity of the information; and
(c) the use to be made of the information; and
(d) other relevant factors.
(3) In 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.
44
Search of Register
44 Search of Register
(1) The Registrar may, on application, search the Register for an entry about a particular registrable event.
(2) The applicant must state the reason for the applicant's interest in the subject matter of the search.
(3) The Registrar may reject the application if the applicant does not have an adequate reason for wanting the information to which the application relates.
(4) In deciding whether an applicant has an adequate reason for wanting information, the Registrar must have regard to –
(a) the relationship, if any, between the applicant and the person to whom the information relates; and
(b) the age of the entry; and
(c) the contents of the entry; and
(d) any other relevant factors.
45
Protection of privacy
45 Protection of privacy
In 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.
46
Issue of certificate
46 Issue of certificate
(1) On completing a search of the Register, the Registrar may issue a certificate –
(a) certifying particulars contained in an entry; or
(b) certifying that no entry was located in the Register about the relevant registrable event.
(2) A certificate under subsection (1)(a) is admissible in legal proceedings as evidence of –
(a) the entry to which the certificate relates; and
(a) the information is requested by a person who has attained the age of 16 years and who is the person to whom the certificate relates; or
(b) if the person to whom the certificate relates has not attained the age of 16 years – if the information is requested by a parent or guardian of the person; or
(c) if the information is requested by an applicant who is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and if the Registrar is satisfied that –
(i) there is a valid reason for the child or person, respectively, to have access to the information; and
(ii) the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and
(iii) there are unlikely to be negative consequences to the person to whom the certificate relates.
(a) request the Registrar not to include on the birth certificate any reference to sex or gender; or
(b) request the Registrar to include on the birth certificate the registered sex in relation to the person, without a notation as to each previous registered sex in relation to the person; or
(c) request the Registrar to include on the birth certificate the registered sex in relation to the person, with a notation as to each previous registered sex in relation to the person.
(a) request the Registrar not to include on the birth certificate any reference to the sex or gender of the person; or
(b) request the Registrar to include on the birth certificate the registered gender in relation to the person, without a notation as to any other sex or gender in relation to the person; or
(c) request the Registrar to include on the birth certificate the registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.
(a) has made a request under subsection (4)(a) or (5)(a) , the Registrar is not to include on the birth certificate any reference to sex or gender; or
(b) has made a request under subsection (4)(b) or (5)(b) , the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, without a notation as to any other sex or gender; or
(c) has made a request under subsection (4)(c) or (5)(c) , the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.
(a) any denotation of the current registered sex or registered gender of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to gender; and
(b) any denotation of the previous registered sex, or previous registered gender, of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to the previous registered gender of the person.
(a) show the name so registered without any notation or indication that there was another name previously registered in relation to the person; or
(b) if a request is made to the Registrar under subsection (9) in relation to the person and the Registrar is not prevented under subsection (10) from complying with the request, show the name so registered with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.
(9) [Section 46 Subsection (9) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019] An applicant for a birth certificate in relation to a person whose change of name is registered under Part 4 may request the Registrar to issue a birth certificate in relation to the person with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.
(10) [Section 46 Subsection (10) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019] If the person making a request under subsection (9) in relation to an application for a birth certificate in relation to a person is not the person to whom the birth certificate relates, the Registrar must not comply with the request unless the applicant is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and the Registrar is satisfied that –
(a) there is a valid reason for the child or person, respectively, to have access to the information; and
(b) the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and
(c) there are unlikely to be negative consequences to the person to whom the certificate relates.
47
Access policies
47 Access policies
(1) The 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.
(2) The Registrar must give a copy of the statement, on request, to any person.
48
Fees
48 Fees
(1) The regulations may prescribe fees, or a basis for calculating fees, for –
(a) access to the Register; or
(b) a search of the Register; or
(c) the issue of a certificate following a search of the Register; or
(d) other services provided by the Registrar.
(2) The regulations may allow for fees to be fixed by negotiation between the Registrar and the person who asks for the relevant services.
49
Power to remit fees
49 Power to remit fees
The Registrar may, in appropriate cases, remit the whole or part of a fee under this Act.
Division 5
Additional information and services
Division 5 Additional information and services
50
Registrar may collect other information
50 Registrar may collect other information
(1) Despite anything to the contrary in this Act, the Registrar may maintain records of information, other than registrable information relating to registrable events.
(2) Records maintained under this section must be kept separately from the Register.
(3) The Registrar may include information in the records maintained under this section at the request of a person interested in the registrable event to which it relates or on the Registrar's own motion.
(4) Section 43(3) and section 45 apply to records maintained under this section as if they were part of the Register.
51
Additional services
51 Additional services
(1) The Registrar may enter into an arrangement for the provision of additional services in connection with the provision of services relating to a registrable event, including, but not limited to –
(a) the provision of information in the form of a decorative certificate or other document; and
(b) the provision of information from records maintained under section 50 relating to the registrable event.
(a) in respect of a living person, to a person eligible to make an application under section 44 ; or
(b) in respect of a deceased person born at least 100 years earlier.
(2) The Registrar may enter into an arrangement for the provision of information from records maintained under section 50 or the Register, including historical or genealogical information.
(3) If the Registrar provides a service or an additional service under this section, the Registrar may make a charge for the service determined by the Registrar, in his or her absolute discretion, which does not necessarily bear a relation to the cost of providing the service.
(4) In providing a service or an additional service, the Registrar must comply with section 43(3) and section 45 .
52
Access to adoption information
52 Access to adoption information
In relation to access to adoption information, this Act is subject to the Adoption Act 1988 and to the extent of any inconsistency with this Act, that Act prevails.
(a) if there is a registered gender in relation to the person –
(i) shows a previous registered sex, or previous registered gender, in relation to the person; and
(ii) does not also show the registered gender in relation to the person; or
(b) if a change of name of the person has been registered –
(i) shows a previous registered name in relation to the person; and
(ii) does not also show the last registered name in relation to the person.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
55
Unauthorised access to or interference with Register
55 Unauthorised access to or interference with Register
A person must not, without the authority of the Registrar or other lawful authority –
(a) obtain access to the Register or information contained in the Register; or
(b) make, alter or delete an entry in the Register; or
(c) interfere with the Register in any other way.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
56
Falsification of certificate
56 Falsification of certificate
(1) A person must not forge the Registrar's signature or seal.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(2) A person must not forge or falsify a certificate or other document under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(3) The Registrar may impound –
(a) a document which the Registrar has reason to believe bears a forged impression of the Registrar's signature or seal; or
(b) a 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
(c) a 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.
57
Immunity from liability
57 Immunity from liability
(1) No liability attaches to the Registrar for an honest act or omission in the performance or purported performance of functions under this Act.
(2) A liability that would, but for subsection (1) , attach to the Registrar attaches instead to the Crown.
58
Registrar to retain control over records
58 Registrar to retain control over records
Despite the Archives Act 1983 , the Registrar is to retain control over access to any information supplied or records maintained under this Act.
59
Return of records
59 Return of records
A person who, by virtue of section 4(1A) of theRegistration of Births and Deaths Act 1895 was, immediately before the commencement of this Act, a registrar of births and deaths for a district, must forward to the Registrar all registers, register books and associated documents in his or her possession within 3 months of that commencement.
60
Regulations
60 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units.
(a) has been, before the gender amendments day, made in relation to a change of name of a person; and
(b) has not been determined before that day –
this Act, as in force after that day, applies in relation to the application and the Registrar is to advise the person that the person may make to the Registrar an application under section 46(9) as in force after that day.
(2) If an application –
(a) has been made under section 28A before the gender amendments day; and
(b) has not been determined before that day –
the application lapses, but the Registrar must return to the applicant any fee paid by the applicant in relation to the application.
(3) Subsection (4) applies in relation to an application under this Act if –
(a) the application is an application for the issue of a birth certificate or of an extract from the Register in relation to the registration of the birth of a person; and
(b) the application was made before the gender amendments day; and
(c) the application has not been, before that day, determined under this Act by issuing, or refusing to issue, a birth certificate or extract.
(4) If this subsection applies in relation to an application –
(a) the application is to be taken to be an application under section 46 as in force immediately after the gender amendments day; and
(b) this Act, including section 46 , as in force immediately after the gender amendments day, applies in relation to the application; and
(c) the applicant is –
(i) if a request, in relation to the application, was made under section 28D(2) as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(b) as in force after that day; or
(ii) if a request, in relation to the application, was not made under section 28D(2) as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(c) as in force after that day.
62
Continuation of Registration of Births and Deaths Regulations 1969
62 Continuation of Registration of Births and Deaths Regulations 1969
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Births, Deaths and Marriages Registration Act 1999 .
2 Commencement
2 Commencement
(1) Sections 1 , 2 and 62 commence on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
adult means a person who is aged 18 years or older or, although under that age, is or has been married;
authorised celebrant means an authorised celebrant under the Marriage Act 1961 of the Commonwealth, as amended;
birth means the expulsion or extraction of a child from its mother;
birth registration statement means the statement referred to in section 13 ;
change of name includes an addition, omission or substitution;
child includes a stillborn child;
corresponding law means a law of another State that provides for the registration of births, deaths and marriages;
death does not include a stillbirth;
disposal of human remains means –
(a) cremation of the remains; or
(b) burial of the remains, including burial at sea; or
The Act sets criminal and regulatory consequences. It prescribes specific penalties for failures to notify or to supply required information (for example s 11, s 15, s 35, s 37, s 41 carry fines up to 10 penalty units) and more serious offences for falsification, unauthorised access and forgery (ss 54(2), 55, 56, each carrying fines up to 100 penalty units or imprisonment up to two years, or both). It preserves existing registers and prior certificates issued under earlier Acts (s 61), includes transitional provisions for changes introduced by later amendments (s 61A), and authorises regulations (s 60).
Who pays, who decides and what behaviour changes. The entities that pay or bear costs include applicants who may be charged fees for searches, certificates and services (s 48), and persons who fail to comply with notification duties who may be fined (ss 11, 15, 35, 37). The Registrar decides whether to accept applications, refuse registration, grant access to register entries, and set conditions on access (ss 5, 41, 43, 46). Magistrates have power to order registration or resolve disputes about names and to approve gender registrations for persons under 16 in some circumstances (ss 19, 21, 28B). Behaviourally, the Act compels timely notifications by hospitals, medical practitioners and funeral directors; imposes application processes for parents and others to register events; gives the Registrar significant discretion over access to and disclosure of personal details; and imposes criminal sanctions for false representations and unauthorised interference.
Main concepts
The Act organises a set of legal concepts into the statutory register framework. Core lexicon and legal constructs in the Act include:
Registrable event and registrable information. A registrable event is defined to include birth, change of name, death, marriage and adoption (s 3). Registrable information is any information that must or may be included in the Register (s 3). The Register must contain the particulars required by the Act or another law (s 40(2)(a)).
Responsible persons and parties with duties. The Act defines a "responsible person" for births (s 11(6)) , the hospital CEO for births in hospital, a medical practitioner or midwife, or another attendee where no medical attendant was present , and places joint responsibility on parents for lodging birth registration statements (s 14(1)). For deaths, the medical practitioner responsible for care or who examined the body must notify the Registrar within 48 hours (s 35(1)), and funeral directors must provide disposal information within specified timeframes (s 37).
The Registrar and institutional control. The Registry is a regulated administrative function. The Registrar is appointed or employed under the State Service Act 2000 and is responsible, subject to Ministerial control, for administration of the Act (s 4). The Registrar must maintain registers, indexes, access policies and may maintain other records separate from the Register (ss 5, 40, 47, 50).
Gender and sex distinctions. The Act differentiates between "sex" and "gender" in its operation. The Act defines "gender" expansively in s 3A to include male, female, indeterminate, non-binary or prescribed words/phrases reflecting a person’s perception of their own gender (s 3A(1)). At birth registration the Registrar must register sex as male or female (s 16(3)-(5)) but the gender provisions in Part 4A allow registering a gender (s 28A) and specify the effects of a registered gender across State law (s 28D(1)-(3)). Recognition certificates from other jurisdictions are given statutory effect (s 28E).
Access controls and privacy balancing. The Registrar controls who obtains register information and on what conditions (s 43(1)). The Act requires the Registrar to have regard to the applicant’s interest, sensitivity of information, use to be made, and other factors (s 43(2)). The Registrar must publish access policies and give copies on request (s 47). The Act also creates specific rules about what sex or gender information may appear on a birth certificate and who can request it (s 46(3)-(7)).
Enforcement and legal proof. Certificates issued following searches are admissible as evidence in legal proceedings (s 46(2)). The Act prescribes offences for false representations, falsification, and unauthorised access with specified penalties (ss 54-56). The Registrar has inquiry powers requiring persons to provide information (s 41), and may correct the Register in accordance with inquiries (s 42).
Interactions with courts and other State/territory registers. Magistrates can order registration or inclusion of information and resolve disputes (ss 19, 21). The Minister may enter reciprocal arrangements with corresponding law registering authorities in other States or Territories (s 10), permitting exercise of functions across jurisdictions and creation of shared databases (s 10(3)).
These concepts set a legal architecture where the Registrar is the central decision-maker for registration and disclosure, where medical practitioners and funeral directors have clear notification duties, and where courts and magistrates provide backstops and dispute resolution. Rights to administrative review are preserved (s 53). The Act also layers in protections against falsification and unauthorised access, while allowing the Registrar discretion over many operational matters including fees and release of sensitive information.
Who it affects
The Act affects a broad set of identifiable actors; who pays or acts is often specified in the text.
Parents and families. Parents are jointly responsible for ensuring births are registered and for lodging and signing birth registration statements (ss 14(1), 13). Parents or guardians may apply for a child’s change of name (s 24) and, for persons under 16, parents or guardians may apply to have a gender registered on behalf of the child (s 28A(3)). The Act sets consent thresholds: children older than 12 must consent to name changes unless unable to understand (s 25); magistrates may refuse or approve child name changes based on the child’s will and preference (s 24(3)).
Medical practitioners and midwives. Medical practitioners and midwives have notification duties. A medical practitioner responsible for a person immediately before death, or who examines a body, must notify the Registrar within 48 hours and supply a cause-of-death certificate (s 35(1), (3)). Responsible persons for births include the medical practitioner or midwife responsible for the mother’s care (s 11(6)). Medical practitioners face penalties for failing to notify (s 35). Midwife is defined by registration under the Health Practitioner Regulation National Law (s 3).
Hospitals and hospital chief executives. When a child is born in a hospital, the hospital CEO is the responsible person for notice (s 11(6)(a)). Hospitals, through their administrators, must ensure timely notification and lodging of particulars as required by the Registrar (s 11).
Funeral directors and persons arranging disposal. Funeral directors must give the Registrar a written statement within seven days after disposal with required particulars (s 37(1)) and must supply details where remains are removed from the State within 28 days (s 37(2)). They face fines for non-compliance (s 37).
The Registrar and Registrar’s staff. The Registrar is the administrative head (s 4), must maintain the Register (s 40), may set access policies (s 47), charge fees including discretional charges for additional services (s 51(3)), and may inquire, require information, correct entries, refuse registrations and provide written reasons for refusals (ss 41, 42, 28C(6)). Registrar’s staff are appointed under the State Service Act 2000 (s 6(2)).
Magistrates and courts. Magistrates may order registration of births or deaths or inclusion of registrable information and may resolve name disputes (ss 19, 21). Magistrates also have an approval role for some gender registrations concerning persons under 16 (s 28B).
Applicants for access: individuals and organisations. The Registrar may provide access to the Register to persons or organisations with an "adequate reason" (s 43(1)(a)) and may carry out searches on application (s 44). The Act requires applicants to state their reason for interest (s 44(2)) and empowers the Registrar to reject inadequate requests (s 44(3)). Fees or negotiated charges may apply (s 48).
Third-party registering authorities and other States. The Minister may enter reciprocal administrative arrangements with the Minister of another State responsible for a corresponding law, enabling cross-jurisdictional exercise of powers and possibly shared databases (s 10). Recognition certificates issued under another State or Territory law that recognise a person has changed sex or gender are given effect (s 28E).
Researchers, genealogists and data users. The Registrar may maintain additional records (s 50), share historical or genealogical information under arrangements (s 51(2)), and may provide decorative certificates or other commercial services (s 51(1)), but access is subject to privacy considerations in ss 43 and 45 and to fees (ss 48, 51(3)).
Persons seeking gender registration or name changes. The Act provides specific application routes and eligibility criteria: persons 16+ whose birth is registered in the State may apply to register a gender (s 28A(1)); a person 16+ may apply to change their name (s 23). The Registrar, and in limited circumstances magistrates, make decisions which affect legal identity entries (ss 26, 28C, 28B).
In short, those who act and bear obligations are principally public-sector actors (Registrar, magistrates, coroners), health-care practitioners and institutions, funeral directors, parents and guardians, and applicants requesting access or identity changes. Financial burdens fall on applicants through fees (s 48) and on persons who fail to comply via penalties. The Registrar is central to decision-making about both registration and disclosure.
Key duties and rights
This section maps the principal statutory duties imposed and the rights or remedies created by the Act, citing the operative provisions.
Duties
Notification of births (s 11). When a child is born in the State, the responsible person must give notice to the Registrar in writing or other approved form, including any particulars the Registrar requires. Time limits: 21 days for live births, 48 hours for stillbirths (s 11(3)). The responsible person is defined (s 11(6)) and non-compliance attracts a fine not exceeding 10 penalty units (s 11(2)).
Obligation to have birth registered (ss 12, 13, 14, 15). A birth occurring in the State must be registered (s 12(1)). Parents are jointly responsible for registering births and must both normally sign the birth registration statement, though the Registrar may accept a statement from one parent in specified circumstances (s 14(1)). A person responsible must ensure a birth registration statement is lodged within 60 days (or 120 days in specified circumstances concerning variations of sex characteristics) (s 15(1)); penalties attach for breaches.
Death notification (s 35). Medical practitioners must notify the Registrar within 48 hours and provide a cause-of-death certificate in an approved form, and funeral directors must provide disposal particulars within specified timeframes (s 37); these duties carry penalties (s 35; s 37).
Furnishing of information on inquiry (s 41). The Registrar may require persons to answer specified questions or provide other information relevant to an inquiry; failure without reasonable excuse carries a fine not exceeding 10 penalty units (s 41(3)).
Truthful representations (s 54). A person must not make a false or misleading representation in an application or document under the Act, knowing it to be false; penalty up to 10 penalty units (s 54(1)). The Act also criminalises, with higher penalties, producing altered certificates with intent to deceive (s 54(2)).
Control of the Register and prohibitions (ss 55-56). Unauthorised access, making or altering entries, or interfering with the Register is an offence punishable by up to 100 penalty units or two years imprisonment (s 55). Forgery of the Registrar’s signature or seal and falsification of certificates are likewise criminal (s 56).
Rights and administrative mechanisms
Registrar duties and discretion (ss 4-5). The Registrar is responsible for administration, must establish and maintain registers and administer the registration system "efficiently, effectively and economically" (s 5). The Registrar may delegate (s 7), issue certificates under seal and those are presumed valid in judicial or administrative proceedings (s 9).
Registration entitlements (ss 12, 16, 31, 38). Where the Act requires registration (births, marriages, deaths), the Registrar must make entries (subject to statutory prerequisites, e.g. s 34 for deaths). The Registrar may accept incomplete particulars in some circumstances (s 16(2), s 38(2)).
Gender registration (Part 4A). Persons aged 16+ whose birth is registered may apply to have a gender registered (s 28A(1)); parents or guardians may apply for persons under 16 (s 28A(3)). Applications require a gender declaration and other documents as reasonably required (s 28A(2), (5)). The Registrar must register the gender if satisfied, or must refuse and provide reasons (s 28C(1), (6)). Magistrates can approve registration for persons under 16 where required (s 28B).
Access and certification (ss 43-46). The Registrar may provide access to the Register or extract information to persons/organisations with an adequate reason, subject to conditions intended to protect privacy (s 43). Applicants must state reasons for searches and may be refused for inadequate reasons (s 44). Certificates issued after searches are admissible evidence in proceedings (s 46(2)). The Act also provides detailed rules governing whether sex or gender appears on a birth certificate and how prior or current registered sexes/genders are to be denoted, and who may request that information (s 46(3)-(7)).
Review and remedies (s 53). A person dissatisfied with a Registrar decision under the Act may apply to the Tasmanian Civil and Administrative Tribunal for review (s 53(1)). The Registrar must provide reasons when refusing gender registration and advise of rights to apply for review (s 28C(6)(a)-(c)).
Privacy obligations (ss 43(3), 45). The Registrar must, as far as practicable, protect persons from unjustified intrusion on their privacy when deciding access and in providing information (ss 43(3), 45).
Fee remissions and charges (ss 48-49, 51). Fees may be prescribed by regulation (s 48). The Registrar may remit fees in appropriate cases (s 49). The Registrar may also charge for additional services and maintain discretion over charges (s 51(3)).
These duties and rights allocate operational responsibility across state actors and private parties, create processes for changing identity data, protect evidentiary utility of register certificates, and provide administrative review while imposing criminal sanctions to secure the integrity of the Register.
Penalties and enforcement
The Act creates a tiered enforcement and penalty regime tied to the protection and integrity of the Register, the accuracy of entries, and compliance with notification duties. Penalties are expressed in "penalty units" and imprisonment for the most serious offences; the Act itself sets maximums but does not specify monetary conversion (that is typically prescribed elsewhere).
Regulatory penalties (lower-tier offences)
Failures to notify or provide information generally attract fines up to 10 penalty units. Examples include failure to give notice of a birth as required (s 11(2)), failure to lodge a birth registration statement within the prescribed period (s 15 carries a penalty), failure by medical practitioners to notify a death and give a certificate (s 35 carries a penalty of not exceeding 10 penalty units), failure by funeral directors to supply required statements in time (s 37 carries penalties), and failing to comply with a Registrar’s notice to provide information in an inquiry (s 41(3)).
Making a false or misleading representation in an application under the Act, knowing it to be false or misleading, attracts a fine not exceeding 10 penalty units (s 54(1)). These offences are regulatory and carry only monetary sanctions as drafted.
Higher-tier criminal offences
The Act prescribes more serious penalties for falsification, forgery, and unauthorised access. Producing a birth certificate or extract that intentionally conceals a current registered gender or current registered name by showing only previous entries is criminalised with a maximum penalty of 100 penalty units or imprisonment up to two years, or both (s 54(2)). The wording targets deliberate deception using documents issued under the operation of the Act.
Unauthorised access to or interference with the Register,obtaining access, making, altering, deleting an entry or otherwise interfering with the Register without authority,is an offence punishable by up to 100 penalty units or two years imprisonment, or both (s 55). This provision protects data integrity and confidentiality of the Register.
Forging the Registrar’s signature or seal, or forging or falsifying a certificate or other document under this Act, also attracts the same maximum penalty of 100 penalty units or two years imprisonment, or both (s 56(1)-(2)). The Registrar is authorised to impound documents suspected to be forged or falsified (s 56(3)).
Enforcement roles and administrative powers
The Registrar is the primary enforcement and administrative actor. The Registrar may conduct inquiries and compel information by notice (s 41); may correct the Register to reflect findings of inquiry or reliable information (s 42); may impound suspect documents (s 56(3)); and may refuse registration, recording reasons and allowing for review rights (s 28C(6)).
Courts and magistrates have complementary enforcement roles: magistrates may order registration, inclusion or correction of entries on application or of their own initiative (s 19). Courts in other jurisdictions with direction powers are recognised (s 12(2), s 19(2)).
Coroners interact with the regime by supplying certificates and findings that enable registration of deaths (s 34(1)(b)-(c), s 36). The Registrar may register deaths where a coroner has authorised disposal or made a finding; conversely, a death may not be registered unless the Registrar has been given a practitioner’s notice or equivalent coronial certificate unless a court orders otherwise (s 34).
Operational discretion with enforcement implications
The Registrar’s discretion in access (s 43) and in accepting incomplete particulars (ss 16(2), 38(2)) means that enforcement is not purely penal: administrative decisions shape outcomes. The Registrar’s power to set fees or negotiate fees (s 48), and to charge at absolute discretion for additional services (s 51(3)), affects practical compliance costs.
The Act requires that the Registrar provide written reasons when refusing a gender registration application and inform the applicant of review rights (s 28C(6)), thus linking administrative decisions with procedural safeguards.
Evidence and admissibility
Certificates issued by the Registrar following a search are admissible in legal proceedings as evidence of the entry and facts recorded (s 46(2)), which gives the Registrar’s documents evidentiary force and structures enforcement through documentary proof.
In short, the enforcement architecture mixes administrative compulsion, monetary penalties for regulatory breaches, and criminal sanctions for falsification and unauthorised access. The Registrar is the central enforcer with powers to require information, correct records and impound suspect documents, and the courts provide judicial oversight, orders for registration and review routes.
How it interacts with other laws
The Act is drafted to operate within a web of State and Commonwealth laws, with multiple express cross-references and saving provisions; the relationship is statutory and defined in the text.
Direct cross-references and operational dependencies
Marriage Act 1961 (Commonwealth): The definition of "authorised celebrant" in s 3 is expressly taken from the Commonwealth Marriage Act 1961. The Act requires lodging a certificate of marriage under that Commonwealth Act to register marriages (s 30). This creates an operational link: the validity of a marriage certificate under Commonwealth law is a necessary input to state registration (s 30).
Coroners Act 1995 (State): Death registration is tied to coronial processes. The Registrar must not register a death unless given notice by a medical practitioner or a coroner’s certificate that authorises disposal (s 34(1)(a)-(b)), and a coroner must inform the Registrar when notified of a death and provide copies of findings or disposal authorisations (s 36). Death certificates that are issued before completion of a coronial inquiry must be endorsed as "Incomplete registration - Cause of death subject to coronial inquiry" (s 36(4)). The Registrar may register a death even if the death is subject to an inquest (s 36(3)).
Surrogacy Act 2012: Section 28D(3)(d) excludes certain surrogacy outcomes from the blanket operation of gender registration provisions by carving out cases where the Surrogacy Act or another law takes effect to sever recognition of parental relationships or parent-child status.
State Service Act 2000: Appointment and employment of the Registrar and the Registrar’s staff are governed by the State Service Act 2000 (s 4(1), s 6(2)), embedding personnel and administrative governance within the State service framework.
Adoption Act 1988: Access to adoption information is regulated by the Adoption Act 1988; the Births, Deaths and Marriages Registration Act is subject to the Adoption Act to the extent of any inconsistency (s 52). Schedule 2 contains consequential amendments relating to the Registrar-General for the Adoption Act 1988 (Schedule 2).
Archives Act 1983: The Registrar retains control over access to information supplied or records maintained under this Act despite the Archives Act 1983 (s 58). This priority preserves Registrar control over records even when archives law would otherwise apply.
Reciprocal arrangements and inter-jurisdictional recognition
Corresponding laws of other States and Territories: The Act permits the Minister to enter reciprocal administrative arrangements allowing the Registrar to exercise powers under a corresponding law and vice versa (s 10(1)-(2)), including creation of shared databases and payments for services (s 10(3)). Recognition certificates issued under another State/Territory law recognising a person’s change of sex or gender are taken to have effect under this Act (s 28E), allowing cross-jurisdictional recognition.
Evidentiary and procedural interactions
Certificates issued under prior Acts are saved and treated as issued under this Act (s 61(1)). Existing registers under earlier Acts form part of the Register under this Act (s 61(2)). That ensures continuity and evidentiary stability for legal proceedings and records.
The Act creates admissibility rules: certificates issued by the Registrar are admissible evidence of entries in legal proceedings (s 46(2)), which interacts with civil and administrative procedure and evidentiary law.
Priority and inconsistency rules
The Act explicitly states that where there is inconsistency with the Adoption Act 1988 concerning adoption information, the Adoption Act prevails (s 52). It also preserves certain effects of the Surrogacy Act in gender references (s 28D(3)(d)).
Regulation-making and penalties
The Governor may make regulations under the Act and may create offences under the regulations with fines up to 10 penalty units (s 60). These regulations will form part of the compliance architecture and may interact with other statutes where delegated powers touch on overlapping subjects.
Practical consequences
Medical and coronial law: practitioners and coroners operate in a legal chain where coronial findings and certificates directly affect the Registrar’s capacity to register deaths (s 34, s 36). Administrative functions of the Registrar must therefore be coordinated with coronial processes.
Privacy and archives: the Registrar retains a statutory control that may limit access under the Archives Act (s 58), which affects researchers and public access regimes.
In sum, the Act is tightly integrated with other State and Commonwealth laws governing marriage, coronial processes, adoption, surrogacy, public service employment and archives, and it contemplates reciprocal inter-jurisdictional arrangements for register data.
Amendment history
The text supplied includes numerous amendment annotations; the Act has been amended on multiple occasions with specified changes inserted, substituted or repealed. The schedule and marginal notes in the Act record legislative changes and date applications. The amendments in the provided text that can be read from the annotations include the following features:
2019 Justice and Related Legislation (Marriage and Gender Amendments) Act 2019: Several provisions in the Act were substituted or inserted by No. 7 of 2019 with an applied date of 05 Sep 2019. Notable insertions and substitutions include:
Section 3 amended to add and define gender-related concepts and related terms, including "gender", "gender amendments day", "gender declaration", "recognition certificate", "registered gender", "registered sex", "previous registered gender/sex", and "sex characteristics" (see s 3 annotations).
Part 4A (Gender Identity) was substantially substituted by s 21 of No. 7 of 2019, replacing prior Part 4A provisions (as indicated by the notation "[Part 4A Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019]"). This substitution inserted current ss 28A-28E and associated repeals of older sections (28F-28J).
Section 16 was amended to require registration of sex at birth as male or female while preserving gender registration under Part 4A (s 16(3)-(6) inserted).
Sections relating to birth certificate content and notation of sex/gender and previous registered sex/gender were added (s 46 subsections inserted by No. 7 of 2019, s. 22).
Section 54 was renumbered and expanded to add specific criminal prohibitions related to presentation of certificates without current registered gender or last registered name (s 54(2) inserted).
Transitional provisions (s 61A) inserted by No. 7 of 2019 addressed applications in progress at the gender amendments day and how previous applications should be treated.
2010 amendments: The Act records amendments applied 01 Jul 2010 (No. 3 of 2010, Sched. 1). These amendments modified timing and who is a responsible person (s 11(4)-(6) amendments), certain procedural responsibilities for medical practitioners (ss 35(1)-(3)), and other technical updates indicated in the marginal notes.
Earlier amendments and insertions: The Act shows additions made by No. 59 of 2001 (Applied: 01 Jan 2002) that inserted sections dealing with gender identity originally (e.g. s 28A insertion) and early Part 4A material that was later substituted in 2019.
2023 amendment: Section 24(3) was substituted by No. 5 of 2023, s. 7, Applied: 13 Jun 2023, providing specific magistrate approval criteria for changes of name for children, including consideration of the child’s will and preferences or best interests where the child cannot understand implications (s 24(3) as substituted).
2025 amendment: Section 53(1) carries an annotation that it was amended by No. 7 of 2025, s. 35, Applied: 01 Jul 2025; the detail in the text is limited to the notation but indicates a revision to the review provision.
Savings and repeals: The Act repealed the Marriages Registration Act 1962 and the Registration of Births and Deaths Act 1895 (ss 63-64), and saved existing certificates and registers issued under those Acts as part of the new Register (s 61(1)-(2)). Schedule 1 lists consequential amendments to multiple statutes (Adoption Act 1988, Anatomy Act 1964, Coroners Act 1995, Electoral Act 1985, Evidence Act 1910, Mental Health Act 1963, Perinatal Registry Act 1994, Pharmacy Act 1908, Status of Children Act 1974).
Transitional modifications: Section 61A, inserted by No. 7 of 2019 and applied 05 Sep 2019, contains specific transitional rules for applications made before the gender amendments day and how they convert to the new regime.
The annotations in the supplied text provide a record of substantive changes concerning gender recognition, birth certificate content, procedural review rights, and child name change processes. The Act’s amendment history, as visible in the supplied text, shows an incremental shift towards formalising gender registration processes, clarifying the content and access to birth certificates in relation to sex and gender, and updating notification and application procedures.
Litigation history
The text supplied does not list reported cases or judicial decisions; it does, however, create the statutory pathways and evidentiary mechanics that will affect litigation and administrative review.
Statutory review route
The Act provides an express administrative review route for persons dissatisfied with a Registrar decision. Such persons may apply to the Tasmanian Civil and Administrative Tribunal for review (s 53(1)). This establishes an internal statutory mechanism for contesting Registrar actions, including refusals to register gender (s 28C(6)(c)) and other decisions made under the Act.
Evidentiary weight in litigation
Certificates issued by the Registrar are admissible in proceedings as evidence of the entry and the facts recorded therein (s 46(2)). That statutory admissibility changes the evidentiary burden and practice in civil and administrative litigation where registration entries are relevant.
Registrar immunity and Crown liability
The Registrar has statutory immunity for honest acts and omissions in the performance or purported performance of functions under the Act (s 57(1)). Liability that would otherwise attach to the Registrar attaches instead to the Crown (s 57(2)). This shielding provision will shape litigation strategy: claims alleging negligence or wrongful action by a Registrar are subject to Crown liability rules rather than personal liability against the Registrar.
Interaction with coronial processes and court orders
Courts and magistrates may order registration or correction where required (ss 19, 33). A court in this jurisdiction, another State or the Commonwealth may direct registration or correction and the Registrar must comply (s 19(2), s 33(2)). This allows litigation to be used as a vehicle to compel registration or correction where administrative remedies have failed or are insufficient.
Criminal enforcement
The Act creates criminal offences for falsification and unauthorised interference (ss 54(2), 55, 56), which can result in prosecutions. While the supplied text does not include any case names, these offences provide a prosecutorial avenue to enforce the integrity of the Register and to penalise misuse of certificates.
Because the Register entries and certificates have evidentiary weight, litigation that depends on identity, parentage, dates, gender/sex entries, or marital status will likely rely on Registrar-issued certificates as primary documentary evidence (s 46(2)). The Act also makes the production of certain certificates or altered documents with intent to deceive a crime (s 54(2)), which may influence both defensive and offensive litigation tactics.
Where an entry is altered or corrected by the Registrar, the prior registered status and the Registrar’s duty to advise about changes (and provide reasons for refusals) could be central to litigation over status, rights or entitlements (for example, property, inheritance; see s 28D(6) on beneficiary entitlements).
In sum, although there are no cases recorded in the supplied text, the Act sets out the statutory pathways, evidentiary rules and liability allocation that will govern litigation involving registrations. The availability of Tribunal review, court orders to compel registration, and the Registrar’s statutory immunity and duties are the principal touchpoints for any legal contest.
Gotchas
Readers should be alert to a set of technical and practical pitfalls embedded in the Act that can produce unexpected legal or administrative consequences. These are not value judgements; they are source-grounded mechanisms that create compliance or litigation risk.
Multiple timeframes and overlapping notification duties. Birth notification timeframes differ by event type: live births must be notified within 21 days by the responsible person (s 11(3)(a)), but the parentland registration obligation requires lodging a birth registration statement within 60 days (s 15(1)(a)), and 120 days for live births with variations of sex characteristics (s 15(1)(b)). Medical practitioners must notify deaths within 48 hours (s 35(1)), but funeral directors have a 7-day disposal reporting obligation (s 37(1)). Multiple actors can be liable for separate offences if their respective duties are not synchronised.
Definitions matter: stillbirth versus death. The Act explicitly defines "stillbirth" and "stillborn child" (s 3). A stillbirth is not a "death" for registration under Part 6; stillborn children are registrable births and have separate shorter notification windows and requirements, including a medical practitioner’s certificate for cause of foetal death (s 11(3)-(5)). Misclassifying an event may trigger incorrect processes or missed deadlines.
Sex at birth is limited to male or female; gender registration is separate. Section 16(3)-(5) requires the Registrar when registering a birth to register sex as either male or female, and prohibits registering any other sex at birth registration. Meanwhile Part 4A provides for registration of "gender", which can be non-binary and is a separate registry entry (ss 28A-28C). The interaction is nuanced: s 16(6) clarifies that registering sex at birth as male/female does not prevent registration of a gender under s 28C(1). Practically, this bifurcation means birth certificates and register entries may reflect both a sex entry (male/female) and a registered gender entry, and applicants should follow s 46 procedures for what appears on certificates.
Obligations to include parents’ identity are conditional. The Registrar must not include parent identity information unless a joint application is made, or certain specified exceptions apply (s 17(1)(a)-(f)). This limits unilateral entries of parentage and creates evidentiary hurdles for establishing parent identity where parents disagree.
Registrar discretion in access and "adequate reason". The Registrar has broad discretion to determine whether an applicant has an "adequate reason" for access (s 43(1)-(2); s 44(3)). The Act lists factors to consider (s 43(2)), but provides no exhaustive list nor prescriptive criteria. Applicants should expect case-by-case determinations and prepare to justify their interest.
Certificates and concealment offences. Section 54(2) criminalises producing a birth certificate or extract that shows a previous registered sex/gender or previous name without also showing the current registered gender or last registered name, with maximum penalties of 100 penalty units or two years’ imprisonment. This is a strict, intent-based offence and may catch organisations or individuals who, intentionally or not, present older documents alone where the person has later-registered changes.
Registrar’s discretion over fees and extra‑statutory charges. The regulations may prescribe fees (s 48), and the Registrar may negotiate or fix fees, remit fees (s 49), and charge for additional services in absolute discretion (s 51(3)), possibly unrelated to cost. That creates financial unpredictability for applicants seeking decorative certificates, genealogical extracts or other services.
Access by third parties to sex/gender information is constrained. Section 46(3) permits sex or gender information to be included on a birth certificate only in limited circumstances and only to permitted persons (applicant aged 16+, parent/guardian for under-16s, or prescribed persons with special criteria). Applicants must make specific requests and, where applicable, the Registrar must follow requester instructions about including or excluding sex/gender (ss 46(4)-(6)). Failure to make or follow those procedural choices may result in an undesired certificate.
Interaction with other laws may change outcomes. The Act defers to other laws in specific instances: for example, the Adoption Act 1988 prevails where inconsistent on adoption information (s 52), and the Surrogacy Act 2012 affects parental designations (s 28D(3)(d)). Practitioners must check connected statutes before relying on a register entry.
Registrar immunity and Crown liability. Section 57 immunises the Registrar for honest acts or omissions; any liability attaches to the Crown. This shift changes procedural and strategic approaches where claims are contemplated.
Transitional treatment of pending applications. Section 61A contains detailed transitional rules for applications in progress at the gender amendments day. Applications under the old regime may lapse (e.g. s 61A(2) for pre-existing s 28A applications) or be taken to be applications under the new s 46 scheme (s 61A(4)). Practitioners must check whether an application was in flight at the critical date and what procedural consequences attach.
Those operating under the Act should read the specified sections cited above carefully to anticipate these mechanics and ensure procedural compliance.
How to comply
The Act lays out concrete procedural steps and documentation requirements for the principal processes of registration, and it prescribes how to seek corrections, certificates and review. Below is a practical checklist mapped to the Act’s provisions.
Births
Immediate notification. If a child is born in a hospital, the hospital chief executive is the responsible person to notify the Registrar (s 11(6)(a)); in other cases, the medical practitioner or midwife responsible for the mother’s care, or if none attended, any person present, is the responsible person (s 11(6)(b)). Ensure notification is made in writing or in a form approved by the Registrar and includes any particulars the Registrar requires (s 11(2)).
Time limits. Notify live births within 21 days; notify stillbirths within 48 hours and include a medical practitioner’s certificate certifying cause of foetal death in an approved form (s 11(3)-(5)). Parents must ensure a birth registration statement is lodged within 60 days (s 15(1)(a)); allow 120 days where there are variations of sex characteristics that impede assignment (s 15(1)(b)).
Birth registration statement. The birth is registered by lodging the birth registration statement in an approved form (s 13). Parents should both sign unless the Registrar is satisfied signatures from both parents are impracticable (s 14(1)). A third party may lodge a statement if the Registrar is satisfied they have knowledge of the facts and that parents cannot or will not lodge (s 14(3)).
Parentage entries. Do not assume parent identity will be entered automatically. Joint application is required in most cases (s 17(1)(a)) unless an exception applies (s 17(1)(b)-(f)).
Deaths
Practitioner notice. A medical practitioner responsible for a person immediately before death or who examines the body must notify the Registrar within 48 hours and provide a cause of death certificate in a form approved by the Registrar; do so free of charge (s 35(1), (3), (4)). Observe exceptions where another practitioner has already given notice or a coroner must be notified (s 35(2)).
Funeral director duties. Funeral directors must provide the Registrar, within seven days after disposal, with the deceased’s name, last address, method and place of disposal and whether the death was reported to a coroner, and any other details required (s 37(1)). If remains are removed from the State, give particulars within 28 days (s 37(2)); if remains have not been disposed of after 30 days, supply required particulars (s 37(3)).
Coroner interactions. If a coronial process is in play, coordinate with coronial officers and expect to receive coronial authorisation or findings prior to registration in some cases (s 34(1)(b)-(c), s 36). If a death is subject to an inquest, the Registrar may still register (s 36(3)), but death certificates issued before coronial inquiry completion must be endorsed accordingly (s 36(4)).
Change of name
Eligibility and application. Persons aged 16+ who are domiciled or ordinarily resident in the State or whose birth is registered in the State may apply in the approved form to change their name (s 23). For children under 16, parents or authorized guardians apply (s 24). Ensure the child consents if age >12 or is incapable of understanding the change (s 25).
Evidence for registration. Be prepared to produce identity and age evidence and to demonstrate the change is not for fraudulent or improper purposes. The Registrar may require statutory declarations and other evidence (s 26(1)). The Registrar may refuse prohibited names (s 26(3); definition of "prohibited name" in s 3).
Gender registration
Who may apply and documentation. A person aged 16+ whose birth is registered in the State may apply to register a gender (s 28A(1)-(2)). Applications must be in the approved form, accompanied by a gender declaration by the applicant and any other documents the Registrar reasonably requires, but expressly not a medical certificate (s 28A(2)). Parents or guardians may apply for under-16s, with special supplementary requirements if the child cannot make a statutory declaration (s 28A(3)-(5)).
Magistrate approval for under-16s. Parents or guardians seeking registration for a person under 16 may need a magistrate’s approval (s 28B) in some cases; magistrates must be satisfied of consistency with the child’s will and preferences or inability to understand implications (s 28B(3)).
Registrar decision-making and counselling evidence. The Registrar may require further documents and may require evidence of counselling for persons under 18 where the application is not accompanied by evidence of counselling (ss 28C(3)-(5)). If the Registrar refuses to register a gender, they must record and supply reasons and advise the applicant of the right to apply for review (s 28C(6)).
Certificates and access
Requesting a birth certificate and sex/gender content. If there is a registered sex or registered gender, only permitted applicants may request that sex or gender be included on a birth certificate: the person aged 16+, a parent/guardian for under-16s, or under specified conditions a child of the person or a prescribed class of persons subject to Registrar satisfaction (s 46(3)). Applicants must explicitly instruct the Registrar whether to include sex/gender and whether to include notations of previous registered sex/gender or previous names (s 46(4)-(6)).
Making access applications. When applying to search the Register, state the reason for your interest (s 44(2)). Expect the Registrar to evaluate adequacy of reason against the applicant’s relationship to the subject, age of entry, contents of the entry and other factors (s 44(4)). Consult the Registrar’s published access policies (s 47) to anticipate conditions.
Fees and charges
Check regulations and Registrar discretion. Fees for access, searches and certificates may be prescribed by regulation (s 48). The Registrar may negotiate fees (s 48(2)), remit fees in appropriate cases (s 49), and charge for additional services at the Registrar’s discretion (s 51(3)). Budget for potential discretionary charges and seek fee remission when appropriate.
Protect the register and documents
Avoid false representations and falsification. Do not make false or misleading representations in any application or document under the Act (s 54(1)). Be aware that intentionally producing a certificate that conceals current registered genders or new names without also showing current registered entries is a higher‑penalty offence (s 54(2)). Secure access to Register data and never alter or falsify registry documents; forgery and unauthorised access attract substantial penalties (ss 55-56).
Review and disputes
Seek review promptly. If dissatisfied with a Registrar decision, file an application for review with the Tasmanian Civil and Administrative Tribunal (s 53(1)). When facing a magistrate for name or gender matters, prepare evidence on the child’s will and preferences and, where relevant, counselling evidence as per s 28C(5).
Records and historical searches
Historical and genealogical requests. The Registrar may maintain additional records separate from the Register (s 50) and enter arrangements to provide historical or genealogical information (s 51(2)). Such requests remain subject to privacy protections (ss 43(3), 45) and fees (ss 48, 51(3)).
Operational advice
Use approved forms and follow the Registrar’s process. The Act repeatedly requires use of Registrar-approved forms for notifications, applications and certificates (e.g. ss 11(2), 13, 28A(2)). Confirm what the Registrar requires before submission.
Keep documentary evidence and obtain statutory declarations when required. Many Registrar functions may require statutory declarations or documentary verification (s 18(2), s 26(1)).
Coordinate with coroners and health services. Death registrations and some birth-related particulars require coordination with coroners and medical practitioners (ss 34-36). Plan for coronial delays where relevant.
Following these steps and paying attention to the specific sections cited will reduce the risk of non-compliance, administrative reversal or criminal exposure under the Act.
(c) placing the remains in a mausoleum or other permanent resting place; or
(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or
(e) removal 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);
[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
funeral director means a person who carries on the business of arranging for the disposal of human remains;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]gender – see section 3A ;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]gender amendments day means the day on which Part 4 of theJustice and Related Legislation (Marriage and Gender Amendments) Act 2019 commences;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]gender declaration means a statutory declaration in which the declarant declares that the declarant identifies as being of the gender specified in the declaration and lives, or seeks to live, as a person of that gender;
[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]previous registered gender, in relation to a person, means a gender that was the registered gender in relation to the person before section 28C(7) applied in relation to the registered gender;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]previous registered sex, in relation to a person, means a sex that was the registered sex in relation to the person before section 28C(7) applied in relation to the registered sex;
prohibited name means a name that –
(a) is obscene or offensive; or
(b) could not practicably be established by repute or usage –
(i) because it is too long; or
(ii) because it consists of or includes symbols without phonetic significance; or
(iii) for some other reason; or
(c) includes or resembles an official title or rank; or
(d) is contrary to the public interest for some other reason;
[Section 3 Amended by No. 59 of 2001, s. 5, Applied:01 Jan 2002][Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]recognition certificate means a certificate that –
(a) is issued under a law of another State or a Territory that recognises that a person may have changed sex or gender; and
(b) is issued in respect of a person who has changed sex or gender; and
(c) states the sex or gender of that person as so changed;
Register means the Register referred to in section 40 ;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]registered gender, in relation to a person, means the registered gender in relation to the person that is registered under section 28C(1) and that has not ceased in accordance with section 28C(7) to be the registered gender in relation to the person;
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]registered sex, in relation to a person, means –
(a) the sex that is registered under section 16(3) or (4) in relation to the person; or
(b) the sex of the person that was last registered under this Act in relation to the person before the gender amendments day –
if that sex has not ceased in accordance with section 28C(7) to be the registered sex in relation to the person;
registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages;
registrable event means a birth, change of name, death, marriage or adoption;
registrable information means information that must or may be included in the Register;
Registrar means the Registrar of Births, Deaths and Marriages;
regulations means regulations made and in force under this Act;
[Section 3 Amended by No. 59 of 2001, s. 5, Applied:01 Jan 2002][Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]
[Section 3 Amended by No. 7 of 2019, s. 13, Applied:05 Sep 2019]sex characteristics means a person's physical, hormonal or genetic features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, genes, hormones, and secondary sexual characteristics;
State includes a Territory;
stillbirth means the birth of a stillborn child;
stillborn 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.
3A Meaning of, and designation of, gender
3A Meaning of, and designation of, gender
[Section 3A Inserted by No. 7 of 2019, s. 14, Applied:05 Sep 2019]
(1) In this Act –
gender means –
(a) male; or
(b) female; or
(c) indeterminate gender; or
(d) non-binary; or
(e) a word, or a phrase, that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female and that is prescribed; or
(f) a word or phrase that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female.
(2) For the purposes of the definition of gender in subsection (1) –
(a) a reference, in paragraph (a) of the definition, to "male" is to be taken to be a reference to the male gender; and
(b) a reference, in paragraph (b) of that definition, to "female" is to be taken to be a reference to the female gender.
(3) Without limiting the grounds on which the Registrar may refuse to register a gender in relation to a person, the Registrar may refuse to register, as a gender in relation to a person, a word or phrase (other than a word or phrase specified in or under paragraph (a) , (b) , (c) , (d) or (e) ) if the Registrar is of the opinion that the word or phrase is not within paragraph (f) of the definition of gender in subsection (1) .
Part 2 Administration
Part 2 Administration
Division 1 The Registrar
Division 1 The Registrar
4 Registrar
4 Registrar
(1) [Section 4 Subsection (1) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , the Registrar of Births, Deaths and Marriages is to be appointed or employed for the purposes of this Act.
(2) The Registrar is responsible, subject to the Minister's control and direction, for the administration of this Act.
5 Registrar's general functions
5 Registrar's general functions
The Registrar's general functions are to –
(a) establish and maintain the registers necessary for the purposes of this Act; and
(b) administer the registration system established by this Act and ensure that it operates efficiently, effectively and economically.
6 Registrar's staff
6 Registrar's staff
(1) The Registrar's staff consists of any staff necessary for the proper administration of this Act.
(2) [Section 6 Subsection (2) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Registrar's staff are to be appointed or employed subject to and in accordance with the State Service Act 2000 .
7 Delegation
7 Delegation
The Registrar may delegate to any person any of the Registrar's powers or functions other than this power of delegation.
Division 2 Execution of documents
Division 2 Execution of documents
8 The Registrar's seal
8 The Registrar's seal
The Registrar has a seal.
9 Execution of documents
9 Execution of documents
(1) The 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.
(2) If a document produced before a court or an administrative authority or official is apparently under –
(a) the Registrar's signature and seal; or
(b) a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or some other method authorised by regulation –
the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority.
(3) Judicial notice is to be taken of the seal.
Division 3 Reciprocal administrative arrangements
Division 3 Reciprocal administrative arrangements
10 Reciprocal administrative arrangements
10 Reciprocal administrative arrangements
(1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for –
(a) the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and
(b) the exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act.
(2) When an arrangement is in force under this section –
(a) the 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
(b) the 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.
(3) An arrangement under this section may –
(a) establish a database in which information is recorded for the benefit of all the participants in the arrangement; and
(b) provide for access to information contained in the database; and
(c) provide for payments by or to participants in the arrangement for services provided under the arrangement.
Part 3 Registration of births
Part 3 Registration of births
Division 1 Notification of births
Division 1 Notification of births
11 Notification of births
11 Notification of births
(1) When a child is born in the State, the responsible person must give notice of the birth to the Registrar.
(2) Notice is to –
(a) be in writing or in any other manner or form approved by the Registrar; and
(b) include any particulars the Registrar requires.
Penalty: Fine not exceeding 10 penalty units.
(3) The notice must be given –
(a) in the case of a live birth, within 21 days after birth; or
(b) in the case of a stillbirth, within 48 hours after birth.
(4) [Section 11 Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] When notice of a stillbirth is given, the responsible person must also give the Registrar a medical practitioner's certificate in a form approved by the Registrar, certifying the cause of foetal death.
(5) [Section 11 Subsection (5) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] The certificate must be completed by the medical practitioner responsible for the professional care of the mother at the birth or a medical practitioner who examined the body of the stillborn child after the birth.
(6) In this section,
responsible person means –
(a) in 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
(b) in any other case –
(i) [[Section 11 Subsection (6) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]](/view/html/inforce/2010-0
This is an opening excerpt, not the complete document.