NORTHERN TERRITORY OF AUSTRALIA
BIRTHS, DEATHS AND MARRIAGES REGISTRATION
REGULATIONS 1996
As in force at 6 December 2018
Table of provisions
1 Citation ............................................................................................ 1
2 Particulars for notification of birth .................................................... 1
3 Information for registration of birth ................................................... 2
4 Registration of change of name ....................................................... 3
4A Recognised sex or gender ............................................................... 3
4B Persons who may apply for old birth certificate after change of
sex or gender................................................................................... 3
5 Notification of deaths by doctors...................................................... 4
6 Notification by doctor of death that occurs within 28 days after
birth ................................................................................................. 5
7 Notification by funeral director or others including health
worker .............................................................................................. 6
8 Notification of disposal of remains of still-born child ........................ 7
9 Notification of place and manner of disposal of remains ................. 7
10 Notification of removal of remains ................................................... 7
11 Notification of place and manner of disposal of remains
outside Territory............................................................................... 8
12 Notification of custody of human remains ........................................ 9
13 Certificate of no impediment to marriage ....................................... 10
14 Signing and witnessing of forms .................................................... 10
15 Dispensing with signatures ............................................................ 10
16 Non-compliance in forms ............................................................... 11
17 Fees .............................................................................................. 11
Schedule Fees
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 6 December 2018
BIRTHS, DEATHS AND MARRIAGES REGISTRATION
REGULATIONS 1996
Regulations under the Births, Deaths and Marriages Registration
Act 1996
1 Citation
These Regulations may be cited as the Births, Deaths and
Marriages Registration Regulations 1996.
2 Particulars for notification of birth
(1) For section 12(1) of the Act, a person who gives notice of a birth is
to notify the following particulars to the Registrar:
(a) the full name, maiden family name, date of birth (or age), and
usual place of residence of the mother of the child;
(b) whether or not the mother is of Australian Aboriginal or Torres
Strait Islander origin;
(c) the sex, date and place of birth of the child;
(d) whether the child was born alive or still-born;
(e) whether a multiple birth and, if so, the numerical order in
which the child was born;
(f) the names of the doctor, midwife, health worker or other
persons present at the birth;
(g) the full name, address, and occupation of the person giving
the notice.
(2) For subregulation (1)(c), the sex of the child may be male, female
or unspecified.
Section 1 - BIRTHS, DEATHS AND MARRIAGES REGISTRATION REGULATIONS 1996 - BIRTHS, DEATHS AND MARRIAGES REGISTRATION REGULATIONS 1996 | Zoe
Births, Deaths and Marriages Registration Regulations 1996 2
3 Information for registration of birth
(1) For section 14 of the Act, the following information is to be
contained in a birth registration statement:
(a) the full name of the child (unless the child was still-born, in
which case this is optional);
(b) the sex, time, date and place of birth of the child;
(c) whether a multiple birth and, if so, the numerical order in
which the child was born;
(d) the weight of the child at birth;
(e) whether or not the child was born alive;
(f) the full name, maiden family name (if applicable), occupation
and usual place of residence of each of the child's parents;
(g) the date of birth (or age) and place of birth of each of the
child's parents;
(k) the date and place of marriage of the parents of the child (if
applicable);
(m) if the mother of the child has had other children, the given
names, sex or gender and date of birth of each of those
children (including deceased children) and whether each child
is or was of the current relationship;
(n) whether or not the child or a parent of the child is of Australian
Aboriginal or Torres Strait Islander origin;
(p) the full name, occupation, usual place of residence and
relationship (if any) to the child, of the person furnishing the
particulars;
(q) the full names of the doctor, midwife or health worker
responsible for the professional care of the mother at the birth,
and other persons present at the birth;
(r) other particulars relating to the birth necessarily required for
statistical or medical research purposes and specified in the
form approved by the Registrar.
(2) For subregulation (1)(b), the sex of the child may be male, female
or unspecified.
Births, Deaths and Marriages Registration Regulations 1996 3
4 Registration of change of name
For section 27(1) of the Act, the following particulars are required
for a change of name:
(a) the date and place of birth and usual place of residence of the
person whose change of name is being registered;
(b) the name of the person immediately before the change of
name;
(c) the name of the person currently shown in the register of
births;
(d) the new full name of the person;
(e) the full names of the parents of the person as at the date of
the person's birth or birth registration.
4A Recognised sex or gender
For section 28B(5) of the Act, each of the following is a recognised
sex or gender:
(a) female;
(b) male;
(c) non-binary;
(d) unspecified.
4B Persons who may apply for old birth certificate after change of
sex or gender
For section 28F of the Act, the following persons are prescribed
persons who may apply for a birth certificate of a person that shows
the person's sex or gender before the person changed the person's
sex or gender:
(a) the person;
(b) if the person is deceased, the executor or administrator of the
person's estate;
(c) if the person is a child, a parent or guardian of the person;
(d) a spouse or de facto partner or a former spouse or de facto
partner of the person;
Births, Deaths and Marriages Registration Regulations 1996 4
(e) a police officer, or a member (however described) of the police
force of the Commonwealth or a State or another Territory, on
satisfying the Registrar that the officer or member requires the
certificate for the purpose of carrying out the officer's or
member's duties;
(f) any other person who under a law in force in the Territory is
authorised to access the information in the Register that
relates to the person.
5 Notification of deaths by doctors
For section 34(1) of the Act, the following particulars are required to
be included in the notification by a doctor of a death (other than the
death of a child that occurs within 28 days after the date of birth):
(a) the full name of the deceased person;
(b) the date and place of death;
(c) the sex or gender, age and date of birth (if known) of the
deceased person;
(d) whether or not the deceased person was of Australian
Aboriginal or Torres Strait Islander origin;
(e) the cause of death;
(f) whether the cause of death was reported to a coroner;
(g) whether the cause of death was established or confirmed by a
post-mortem examination;
(h) details of an operation performed in relation to a disease or
condition causing or contributing to death;
(j) whether a female deceased person was pregnant within
3 months before her death and, if so, the approximate date of
birth of the child, or of the miscarriage;
(k) whether an injury contributed to the death and, if so, how the
injury was received;
(m) whether the doctor was in attendance during the deceased
person's last illness or whether the doctor viewed the body
after death;
(n) the full name and address of the doctor who was in
attendance during the deceased person's last illness or who
viewed the body after death.
Births, Deaths and Marriages Registration Regulations 1996 5
6 Notification by doctor of death that occurs within 28 days after
birth
For section 34(1) of the Act, the following particulars are required to
be included in a notification by a doctor of the death of a child that
occurs within 28 days after birth:
(a) the full name, age, date of birth (if known), usual place of
residence and hospital registration number of the mother of
the child;
(b) whether or not the mother of the child is of Australian
Aboriginal or Torres Strait Islander origin;
(c) the known or estimated duration of the pregnancy in
completed weeks;
(d) the name of the child, if given;
(e) the hospital registration number of the child;
(f) the time, date and place of birth;
(g) the time, date and place of death;
(h) the sex or gender of the child;
(j) whether the birth was a multiple birth;
(k) the weight of the child at birth;
(m) the time and date the heartbeat ceased after the birth;
(n) where death occurred within 24 hours after birth, the signs of
life present after the complete expulsion or extraction of the
child from the mother;
(p) the cause of death;
(q) whether the cause of death was established or confirmed by a
post-mortem examination;
(r) whether the death of the child was reported to a coroner by
the doctor;
(s) whether the doctor was present at the birth, viewed the body
of the child after birth, attended the mother before the birth or
was in medical attendance during the life of the child;
(t) the full name and address of the doctor mentioned in
paragraph (s);
Births, Deaths and Marriages Registration Regulations 1996 6
(u) any other particulars of the mother or child necessarily
required for statistical or medical purposes and specified on
the form approved by the Registrar.
7 Notification by funeral director or others including health
worker
For section 36(1) of the Act, the following information is to be
provided to the Registrar after the disposal of human remains (other
than the remains of a still-born child):
(a) the date and place of death of the deceased;
(b) the sex or gender, date of birth (or age at death) and place of
birth of the deceased;
(c) the usual occupation of the deceased before death and
whether or not the deceased was a pensioner or was retired
immediately before death;
(d) if the deceased was born outside Australia, the period of
residence in Australia of the deceased before death;
(e) whether or not the deceased was of Australian Aboriginal or
Torres Strait Islander origin;
(f) the marital status of the deceased immediately before death;
(g) if the deceased had married at any time before death, the date
of marriage (or age of the deceased at the date of the
marriage), the place of marriage and the full name of his or
her spouse or, if the deceased had married more than once,
the date of each marriage (or age of the deceased at the date
of each marriage), the place of each marriage and the full
name of each spouse;
(h) if the deceased was in a de facto relationship immediately
before death, the full name of the de facto partner of the
deceased;
(j) the full name, sex or gender and date of birth (or age) of each
child of the deceased (including deceased children);
(k) the full name, maiden family name (if applicable) and
occupation of each of the deceased's parents;
(n) other particulars relating to the death necessarily required for
statistical or medical research purposes and as specified in
the form approved by the Registrar.
Births, Deaths and Marriages Registration Regulations 1996 7
8 Notification of disposal of remains of still-born child
For section 36(1) of the Act, the following information is required to
be provided to the Registrar after the disposal of the remains of a
still-born child:
(a) the name of the child (if given);
(b) the date and place of birth;
(c) the full name of each of the child's parents (if known);
(e) the date, place and manner of disposal of the remains;
(f) the names of witnesses to the disposal of the remains;
(g) the full name and address of the person disposing of the
remains.
9 Notification of place and manner of disposal of remains
For section 36(1) of the Act, where a person provides under that
provision notification of the place and manner of disposal of human
remains, he or she is to provide the following details:
(a) the date, place and manner of disposal of the remains of the
deceased;
(b) the full name and business address of the funeral director or
other person who arranged for the disposal of the remains;
(c) the names of witnesses to the disposal of the remains and of
the minister of religion, if present.
10 Notification of removal of remains
For section 36(2) of the Act, a person who arranges for the removal
of human remains from the Territory is to provide the following
information to the Registrar:
(a) the full name and last residential address of the deceased;
(b) the date and place of death of the deceased;
(c) whether or not the death was reported to a coroner;
(d) the sex or gender, date of birth (or age at death) and place of
birth of the deceased;
Births, Deaths and Marriages Registration Regulations 1996 8
(e) the usual occupation of the deceased before death and
whether or not the deceased was a pensioner or was retired
immediately before death;
(f) if the deceased was born outside Australia, the period of
residence in Australia of the deceased before death;
(g) whether or not the deceased was of Australian Aboriginal or
Torres Strait Islander origin;
(h) the marital status of the deceased immediately before death;
(j) if the deceased had married at any time before death, the date
of marriage (or age of the deceased at the date of the
marriage), the place of marriage and the full name of his or
her spouse or, if the deceased had married more than once,
the date of each marriage (or age of the deceased at the date
of each marriage), the place of each marriage and the full
name of each spouse;
(k) if the deceased was in a de facto relationship at the date of
death, the full name of the de facto partner of the deceased;
(m) the full name, sex or gender and date of birth (or age) of each
child of the deceased (including deceased children);
(n) the full name, maiden family name (if applicable) and
occupation of each of the deceased's parents;
(q) other particulars relating to the death necessarily required for
statistical or medical research purposes and specified in the
form approved by the Registrar.
11 Notification of place and manner of disposal of remains
outside Territory
For section 36(2) of the Act, where a person provides under that
provision notification of where and how remains were disposed of,
he or she is to provide the following details:
(a) the date, place and manner of disposal of the remains of the
deceased;
(b) the full name and business address of the funeral director or
other person who arranged for the disposal of the remains;
(c) the full name and address of the person who arranged for the
removal of the human remains;
Births, Deaths and Marriages Registration Regulations 1996 9
(d) the names of witnesses to the disposal of the remains and of
the minister of religion, if present.
12 Notification of custody of human remains
For section 36(3) of the Act, where human remains have not been
disposed of within 30 days after the date of death, the following
information is to be provided to the Registrar by the person having
custody of the human remains:
(a) the date and place of death of the deceased;
(b) the sex or gender, date of birth (or age at death) and place of
birth of the deceased;
(c) the usual occupation of the deceased before death and
whether or not the deceased was a pensioner or was retired
immediately before death;
(d) if the deceased was born outside Australia, the period of
residence in Australia of the deceased before death;
(e) whether or not the deceased was of Australian Aboriginal or
Torres Strait Islander origin;
(f) the marital status of the deceased immediately before death;
(g) if the deceased had married at any time before death, the date
of marriage (or age of the deceased at the date of the
marriage), the place of marriage and the full name of his or
her spouse or, if the deceased had married more than once,
the date of each marriage (or age of the deceased at the date
of each marriage), the place of each marriage and the full
name of each spouse;
(h) if the deceased was in a de facto relationship at the date of
death, the full name of the de facto partner of the deceased;
(j) the full name, sex or gender and date of birth (or age) of each
child of the deceased (including deceased children);
(k) the full name, maiden family name (if applicable) and
occupation of each of the deceased's parents;
(n) the full name and business address of the person who has
custody of the remains of the deceased;
(p) other particulars relating to the death necessarily required for
statistical or medical research purposes and specified in the
form approved by the Registrar.
Births, Deaths and Marriages Registration Regulations 1996 10
13 Certificate of no impediment to marriage
A person who applies to the Registrar under section 44(5) of the
Act for a certificate that the Registrar is not aware of any
impediments to the solemnisation of the intended marriage is to
provide the Registrar with the following information in relation to
both parties to the intended marriage:
(a) the family name, given names, occupation, usual place of
residence, marital status, date of birth, place of birth, and
name and maiden name (if applicable) of each parent;
(b) whether previously married and, if so,:
(i) the date and place of marriage; and
(ii) how the marriage was dissolved; and
(iii) the date and place of death of the spouse or the date on
which the decree dissolving the marriage became
absolute;
(c) whether the parties are related to each other and, if so, the
nature of the relationship.
14 Signing and witnessing of forms
Subject to regulation 15, a form, certificate or instrument required or
permitted to be lodged under the Act or these Regulations that is
required by the Act or these Regulations to be signed by the person
completing it must be signed by that person and the signature must
be:
(a) witnessed; or
(b) otherwise proved, to the satisfaction of the Registrar, to have
been freely given.
15 Dispensing with signatures
The Registrar may, in relation to a form, certificate or instrument
referred to in regulation 14, dispense with the signature of the
person required to sign after completing the form, certificate or
instrument where the Registrar believes on reasonable grounds
that:
(a) the person is absent from the Territory and is unlikely to return
in the near future; or
Births, Deaths and Marriages Registration Regulations 1996 11
(b) the person is not capable of signing the form, certificate or
instrument; or
(c) it would not, in the circumstances, be convenient to require the
person to sign the form, certificate or instrument.
16 Non-compliance in forms
(1) The Registrar may accept a form, certificate or instrument required
or permitted to be lodged under the Act or these Regulations even if
it does not contain all the particulars required under the Act or these
Regulations.
(2) Where the Registrar, in accordance with subregulation (1), accepts
a form, certificate or instrument, it is taken to comply with the Act or
these Regulations.
17 Fees
(1) The Registrar may fix a fee for services provided otherwise than
under the Act by negotiation between the Registrar and the person
who asks for the relevant service.
(2) The fee specified in the Schedule is the prescribed fee for the item
set out in the Schedule opposite the fee.
Schedule Fees
Births, Deaths and Marriages Registration Regulations 1996 12
Schedule Fees
regulation 17
Fee (revenue units)
1 Search of Register 34
2 Search and issue of certificate following search 39
3 Application to register change of name under
section 23 or 24 of the Act
39
4 For the provision of any other service under the Act 39
ENDNOTES
Births, Deaths and Marriages Registration Regulations 1996 13
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Births, Deaths and Marriages Registration Regulations (SL No. 62, 1996)
Notified 19 December 1996
Commenced 1 January 1997 (r 2, s 2 Births, Deaths and Marriages
Act 1996 (Act No. 26, 1996) and Gaz G49, 4 December 1996,
p 5)
Amendments of Births, Deaths and Marriages Registration Regulations (SL No. 16,
1997)
Notified 30 May 1997
Commenced 1 June 1997 (r 1, s 2 Births, Deaths and Marriages
Registration Amendment Act 1997 (Act No. 12, 1997) and
Gaz S17, 30 May 1997)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
Statute Law Revision Act 2011 (Act No. 30, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
Fees and Charges (Attorney-General and Justice Portfolio) Amendment
Regulations 2013 (SL No. 27, 2013)
Notified 28 June 2013
Commenced 1 July 2013 (r 2)
Births, Deaths and Marriages Registration Regulations 2014 (SL No. 6, 2014)
Notified 26 March 2014
Commenced 26 March 2014
ENDNOTES
Births, Deaths and Marriages Registration Regulations 1996 14
Births, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act
No. 30, 2018)
Assent date 5 December 2018
Commenced 6 December 2018 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1.
4 LIST OF AMENDMENTS
r 2 amd Act No. 30, 2011, s 3; Act No. 30, 2018, s 33
r 3 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3; Act No. 30, 2018, s 34
r 4 amd Act No. 30, 2011, s 3
r 4A ins No. 16, 1997, r 2
amd Act No. 30, 2011, s 3
sub Act No. 30, 2018, s 35
r 4B ins No. 16, 1997, r 2
amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3; Act No. 30, 2018, s 36
rr 5 – 6 amd Act No. 30, 2011, s 3; Act No. 30, 2018, s 36
r 7 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3; Act No. 30, 2018, s 36
r 8 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3
r 9 amd Act No. 30, 2011, s 3
r 10 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3; Act No. 30, 2018, s 36
r 11 amd Act No. 30, 2011, s 3
r 12 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3; Act No. 30, 2018, s 36
r 13 amd Act No. 1, 2004, s 63; Act No. 30, 2011, s 3
rr 14 – 16 amd Act No. 30, 2011, s 3
r 17 amd No. 6, 2014, r 3
sch amd No. 34, 2009, r 10
sub No. 27, 2013, r 4