What it does
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).