Births, Deaths and Marriages Registration Regulations 1999

The regulations introduce several key concepts. “10 year search” is defined in regulation 3 as a search about a particular registrable event conducted in the Register, an index to the Register, or both, covering a period of 10 consecutive years or less. This is the default search unit for fee calculation; item 6 of the fee table charges $35 per 10 year search when not bundled with a certificate application. “Guardian” and “represented person” are defined by cross-reference to the Guardianship and Administration Act 1990 for the purposes of regulation 6. The definition of “guardian” in subregulation 6(1) is expressly limited except in subregulation 2(a), which uses the ordinary meaning of a parent or guardian for minors. This creates a distinction: for a child under 18, a parent or guardian (using the ordinary meaning) qualifies; for an adult represented person, only a guardian appointed under the Guardianship and Administration Act 1990 qualifies. “Prescribed kinds of sex or gender” is the central concept for Part 3 Divisions 2 to 6 of the Act. Regulation 5 lists female, male and non-binary as the only prescribed categories for applications to change sex or gender on the Register. “Public authority” is defined in section 35B(1)(c) of the Act; regulation 8 extends that definition to include the Department of Internal Affairs of New Zealand. The “fee” concept is not defined in these regulations but is set out in the table; importantly, fees are not indexed automatically but are amended by subsequent regulations, meaning the amounts are fixed until the next amending regulation. The concept of “commemorative certificate” in item 3 of the fee table bundles a 10 year search and a certified copy of the registration into a single $68 product. “Manual validation” in item 12 refers to a service provided when a user of the national Document Verification Service requests manual verification of a document; the fee is $10. “Bulk information from the Register” in item 13 attracts an annual fee of $550, which is a relatively modest charge for commercial users or researchers seeking large datasets. “Matching of information in the Register” in item 14 costs $220 per request, likely used for law enforcement or data integrity purposes. The concept of “application for registration of a change of name” in item 7 costs $200, while an application to change a child’s name within 12 months of birth costs only $58 (item 9). The latter is a lower fee presumably because the process is simpler and the information is still being finalised. The regulation also uses the concept of “prescribed public authority” for cross-border data sharing; this is a specific legislative gateway for information exchange with New Zealand’s equivalent registrar.

The regulations affect a broad range of individuals and organisations. Any person who applies for a birth, death or marriage certificate from the Western Australian Register must pay the fees set out in regulation 4. This includes individuals seeking certified copies for legal purposes (item 1, $58), uncertified copies for personal use (item 5, $24), and commemorative certificates (item 3, $68). Researchers, genealogists and family historians who conduct searches are affected by the 10 year search fee of $35 per search (item 6) unless bundled with a certificate. People who wish to change their name on the Register must pay $200 for a change of name application (item 7); this fee applies regardless of the reason for the change. Individuals who need to add to or correct information on a registration pay $58 (item 8). Parents who wish to change a child’s name within 12 months of birth pay the lower fee of $58 (item 9). Persons seeking to change their recorded sex or gender under the Act must pay $190 for applications under sections 36J(1), 36K(1) or 36P(1) (item 10). This fee applies to initial applications for change of sex or gender. Separately, applicants under the Gender Reassignment Act 2000 must pay $55 when lodging an application under section 17(3) of that Act (regulation 7). The regulations also affect guardians and representatives: a parent or guardian of a minor can apply under regulation 6(2)(a) to access the minor’s pre-change sex or gender information; a guardian of an adult represented person can apply under regulation 6(2)(b) but only if that person has a guardian appointed under the Guardianship and Administration Act 1990. Executors and administrators of deceased estates may apply under regulation 6(2)(c) to access the deceased’s historical sex or gender details. The CEO of the department administering the Children and Community Services Act 2004 may apply under regulation 6(2)(d), likely for child protection or care matters. Commercial entities and government agencies that request bulk information from the Register must pay $550 per year (item 13). Law enforcement and integrity bodies that request information matching must pay $220 per request (item 14). The Department of Internal Affairs of New Zealand is specifically prescribed as a public authority (regulation 8), enabling that agency to access data under section 35B of the Act. The fees apply to all applicants regardless of financial circumstances; there are no remissions or waivers provided in these regulations. The prescribed sex or gender categories affect transgender, intersex and gender-diverse individuals who must choose from only female, male or non-binary when making an application under the relevant Act sections. There is no provision for other descriptors or for no gender marker.

The regulations impose a duty on any person or entity seeking a service from the Registrar to pay the prescribed fee. Under regulation 4, the fee must be paid at the time of application; non-payment presumably means the application will not be processed, although these regulations do not explicitly state that consequence. For applications under the Gender Reassignment Act 2000, regulation 7 requires that the fee of $55 accompany the application. The Registrar has a duty to provide the services listed in the fee table upon payment of the relevant fee, subject to the requirements of the Act. The Registrar also has a discretionary power under regulation 6 to allow access to the particulars referred to in section 36Q(3)(a) of the Act, or to issue a birth certificate showing both the old and new sex or gender, but only upon application by a person or body listed in regulation 6(2). This is not a right held by those applicants; it is a power that the Registrar may exercise. The listed applicants have a right to apply, but the Registrar retains discretion. The categories of applicants are: a parent or guardian of a person under 18; a guardian of an adult represented person under the Guardianship and Administration Act 1990; the executor or administrator of a deceased person’s estate; and the CEO of the department administering the Children and Community Services Act 2004. No other person - including the person whose sex or gender was changed once they turn 18 (if they were a minor at the time of change) - is entitled to apply under these regulations. An adult who was changed as a minor must rely on other provisions of the Act, if any, to access their own historical record. The prescribed kinds of sex or gender in regulation 5 create a duty on the Registrar to only record those three categories when processing applications under the listed sections. The Registrar has no authority under these regulations to record any other descriptor. The fee table in regulation 4 creates a right for the applicant to receive a certified copy, uncertified copy, commemorative certificate, or other service upon payment. However, item 11 allows applicants to pay an additional $44 to have their certificate processed in priority to other applicants; this creates a two-tier service where those who can pay more receive faster service, raising equity considerations. There is no right to a refund if the application is refused; the regulations are silent on that point. The provision of bulk information (item 13) and matching of information (item 14) create a right for the Registrar to charge those fees and to provide data, but the Registrar likely retains discretion under the Act to refuse requests.

These regulations do not themselves prescribe any penalties, fines, or criminal offences. They are purely administrative and fee-setting in nature. However, non-payment of a prescribed fee may have practical consequences. For example, if an application for a change of name or a certificate is submitted without the correct fee, the Registrar may refuse to process it, effectively creating a barrier to the service. The Act under which these regulations are made contains its own penalty provisions for offences such as making false statements, unauthorized access to the Register, and unlawful disclosure of information. Those penalties are not replicated in the regulations. Regulation 7 states that an application under the Gender Reassignment Act 2000 section 17(3) must be accompanied by a fee of $55; the word “must” is mandatory, and non-compliance would likely render the application invalid or not accepted. The regulations do not create a mechanism for late payment or waiver. Enforcement of the regulations is through the Registrar’s administrative processes rather than through court proceedings. If an applicant provides insufficient payment, the Registrar could simply return the application. For bulk information or matching requests under items 13 and 14, the fee is a precondition; the Registrar could refuse to provide the data until payment is received. The regulations do not specify penalties for seeking access under regulation 6 without proper authority. However, the underlying Act likely contains offences for making false statements in support of an application. The prescribed public authority in regulation 8 (NZ Department of Internal Affairs) would be subject to the terms of the Act when accessing data; if that agency misuses the information, the Act’s enforcement provisions would apply, not these regulations. The fee table in regulation 4 is enforced through standard government debt collection if an applicant fails to pay after receiving a service, but given that fees are generally prepaid, this is unlikely. The annual amendments to fees (e.g., SL 2025/111) are enforced simply by the Registrar applying the current fee schedule at the date of application. There is no transitional provision for applications that straddle an amendment date; presumably the fee in effect on the date of lodgement applies. The regulations do not provide for interest or late penalties on unpaid fees. Overall, the enforcement mechanism is administrative refusal rather than legal sanction.

The regulations sit under the Births, Deaths and Marriages Registration Act 1998 and must be read in conjunction with that Act. They give effect to numerous sections of the Act by prescribing fees (s 70A), prescribed sex or gender categories (various sections listed in the table in regulation 5), and prescribed public authorities (s 35B). The regulations also interact with the Gender Reassignment Act 2000. Regulation 7 specifically references section 17(3) of that Act and sets a fee for applications made under that provision. The Gender Reassignment Act 2000 is a separate Western Australian statute dealing with legal recognition of gender reassignment; the regulations bridge that Act to the births and deaths registration system. The Guardianship and Administration Act 1990 is referenced in regulation 6(1) to define “guardian” and “represented person” for the purposes of applications to access pre-change sex or gender information. This means the definition of guardian in the guardianship legislation is imported for adult represented persons, but for minors, the regulations use the ordinary meaning of parent or guardian. The Children and Community Services Act 2004 is referenced in regulation 6(2)(d), allowing the CEO of the department administering that Act to apply for access. This is likely used when the department has parental responsibility for a child or is involved in child protection matters. The regulations also interact with the Public Service Act 2020 (New Zealand) by reference in the note to regulation 8, confirming that the Department of Internal Affairs of New Zealand is a department listed in Schedule 2 Part 1 of that Act. This cross-border prescription enables information sharing for integrity of registers across the Tasman. The regulations are silent on interaction with Commonwealth laws such as the Australian Passports Act 2005 or the Sex Discrimination Act 1984, but practitioners should note that the prescribed sex/gender categories may have implications for federal documents. The regulations also interact with the legislation under which fees are amended annually, notably the Attorney General Regulations Amendment (Fees and Charges) Regulations series (2021-2025). Those amending regulations are themselves subordinate legislation that modify the fee schedule without needing to amend the principal regulations directly. There is no interaction with criminal laws or privacy laws expressly stated, but the Privacy Act 1988 (Cth) may apply to the handling of personal information by the Registrar, particularly when sharing data with the NZ department. The regulations do not create any interaction with the Freedom of Information Act 1992 (WA) or the State Records Act 2000 (WA), but those laws may independently affect access to historical records.

The Births, Deaths and Marriages Registration Regulations 1999 were first published on 12 March 1999 and commenced on 14 April 1999, the same day as the principal Act. The compilation table shows a long history of amendments, primarily to fees but also to substantive content in later years. The original regulation 4 fee schedule was substantially different from the current version; it has been amended eleven times since 2000. Early amendments in 2000, 2002, 2003 and 2004 adjusted fees without changing the structure. A more significant amendment occurred in 2007 when regulation 3 (definition of 10 year search) was inserted and the fee table was restructured. The 2007 amendment also introduced the current column format. In 2009, 2015, 2016 and 2017, further fee adjustments were made, each time with a 1 July operative date. Notably, the 2017 amendment was delayed to 1 October 2017. From 2019 onwards, fee amendments have been effected through omnibus Attorney General Regulations Amendment (Fees and Charges) Regulations, which amend multiple instruments at once. This means the fee schedule in regulation 4 is not amended by standalone regulations but by general fees regulations. The most substantive amendment came in 2025 with SL 2025/82 (Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025), which inserted three entirely new regulations: regulation 5 (prescribed kinds of sex or gender), regulation 6 (persons and bodies to whom Registrar may allow access to particulars or issue birth certificate), and regulation 7 (fee to accompany application for registration of certificate under Gender Reassignment Act). This was a major expansion of the regulations from a purely fee-setting instrument to one that also defines the sex/gender categories and access rules. The prescribed sex/gender categories regulation 5 lists female, male and non-binary, and cross-references ten sections of the Act. Regulation 6 creates the access framework for pre-change sex or gender information. Regulation 7 sets a $55 fee for Gender Reassignment Act 2000 applications. Later in 2025, SL 2025/111 amended fees again effective 1 July 2025, increasing many fee items (e.g., item 1 from an unspecified previous amount to $58). Finally, SL 2025/220 (Births, Deaths and Marriages Registration Amendment Regulations 2025) inserted regulation 8 prescribing the NZ Department of Internal Affairs as a public authority, effective 24 December 2025. The compilation table shows reprints: Reprint 1 as at 28 Jan 2005 incorporated amendments up to 2004. No further reprints are listed, meaning subsequent amendments are in the form of accumulated amending regulations.

The regulations themselves have not been directly litigated in any reported cases identifiable from the source text. The source does not mention any court decisions, administrative review proceedings, or tribunal rulings. This is unsurprising given that the regulations are largely mechanical and fee-setting; disputes over fees would typically be minor and unlikely to reach appellate courts. However, the substantive provisions inserted in 2025 (prescribed sex/gender categories and access limitations) are more likely to generate future litigation. If an individual challenges the restriction of sex/gender categories to only three options (female, male, non-binary), they might argue that the regulations are inconsistent with the Act or with external anti-discrimination law. Similarly, if a person is denied access to their own pre-change sex or gender information under regulation 6 because they do not fall within the listed categories, they may seek judicial review. The regulations were amended in 2025 to implement parts of the Act that were likely already in force; any litigation would more likely attack the Act or the administrative decisions made under it rather than the regulations themselves. The fact that the regulations are subordinate legislation means that any challenge would be on ultra vires grounds - that a regulation exceeds the power granted by the Act. For example, if the Act does not authorise limiting the number of sex/gender categories, regulation 5 could be struck down. As of the compilation date (23 December 2025), no such challenges have been recorded in the source. There is also potential for litigation around the definition of “guardian” in regulation 6: the distinction between a parent/guardian of a minor and a guardian of an adult represented person could lead to disputes if a person claims to be a guardian under the ordinary meaning but is not appointed under the Guardianship and Administration Act 1990. No cases are cited. The absence of litigation history may suggest that the fees are accepted as reasonable or that the cost of challenging a $58 fee outweighs the benefit. However, the 2025 amendments are new and untested. Practitioners should monitor for any future challenges to the three-category sex/gender list, as similar provisions in other states have been subject to constitutional and human rights challenges. The cross-border data sharing with New Zealand under regulation 8 has not been litigated either.

Several features of the regulations can catch practitioners off guard. First, the fee schedule is amended annually, often with a 1 July effective date. An application lodged on 30 June may be $2 cheaper than the same application on 1 July, but the fees are not indexed automatically; they depend on whether an amending regulation is published in time. Second, the “10 year search” concept in regulation 3 is a trap: if you need a search covering 11 years, you must pay for two 10 year searches ($70) rather than one 11 year search at the 10 year rate. Alternatively, you could pay for a certified copy of the registration ($58) which includes one 10 year search, but that only covers one 10 year block. Third, the prescribed kinds of sex or gender in regulation 5 are exhaustive: only female, male and non-binary are permitted. There is no option for “non-specified”, “intersex”, or “X” if that is not equivalent to non-binary. The Act may have its own definitions, but the regulations lock the categories. Fourth, regulation 6 limits who can access pre-change sex or gender information. An adult who had their sex or gender changed as a minor cannot apply under this regulation because they do not fall into any of the four categories: they are not under 18, are not a represented person, are not deceased, and are not the CEO of child protection. They would need to rely on other provisions of the Act (if any) to see their own historical record. Fifth, the priority processing fee of $44 (item 11) is added to the certificate fee; it may not be refundable if the application is unsuccessful. Sixth, the fee for an application for a change of name is $200 (item 7), but an application to correct or add information to a registration is only $58 (item 8). This creates an incentive to frame a request as a correction rather than a change, potentially leading to disputes over what constitutes a change versus a correction. Seventh, the fee for manual validation (item 12) is only $10, but it likely only applies when the Document Verification Service cannot auto-validate a document. If a user requests manual validation speculatively, the fee applies. Eighth, the bulk information fee (item 13) is $550 per year, but that is a flat annual fee; if a researcher wants data for a shorter period, they still pay the full year. Ninth, the matching fee (item 14) is $220 per request, not per match. If the request involves multiple matches, it may still be one request. Tenth, the prescribed public authority in regulation 8 is only the NZ Department of Internal Affairs; other New Zealand agencies are not prescribed. Eleventh, the fee in regulation 7 ($55) is for applications under the Gender Reassignment Act 2000 section 17(3), not for applications under the primary Act. This is a separate fee on top of any fee under item 10. Twelfth, there is no waiver or reduction for low-income applicants, charities, or students. The regulations provide no hardship provisions. Thirteenth, the definition of “guardian” in regulation 6(1) is taken from the Guardianship and Administration Act 1990, but subregulation 2(a) uses a different meaning for minors. This dual definition could lead to confusion: a person who is a guardian of a minor under a parenting order but not formally appointed under the Guardianship and Administration Act may still qualify under subregulation 2(a), but a guardian of an adult must have a formal appointment.

Compliance with these regulations is largely a matter of paying the correct fee and using the correct procedure. For any request to the Registrar, identify the correct item in the fee table. For example, if seeking a certified copy of a birth registration for a person under 75 years of age, the fee is $58 (item 1). If the registration is at least 75 years old, use item 4 ($38). For a commemorative birth certificate, use item 3 ($68). To search the index without ordering a certificate, pay $35 per 10 year block (item 6). Ensure that the fee is remitted with the application; the regulations do not specify payment methods but the Registrar’s practice will dictate. For a change of name application, the fee is $200 (item 7). For an application to change a child’s name within 12 months of birth, pay $58 (item 9). For applications to change sex or gender under the Act sections listed in regulation 5, the fee is $190 (item 10). Note that only female, male or non-binary may be requested; any other descriptor will be rejected as not prescribed. If the application is under the Gender Reassignment Act 2000 (not the primary Act), pay an additional $55 (regulation 7). For access to a person’s pre-change sex or gender information or a birth certificate showing both details, ensure you fall within one of the four categories in regulation 6(2): parent/guardian of a minor, guardian of an adult represented person (with formal appointment under the Guardianship and Administration Act 1990), executor/administrator of a deceased estate, or CEO of the child protection department. If not, you cannot apply under this regulation; seek legal advice about other avenues under the Act. When making such an application, provide evidence of your status (e.g., birth certificate for parent, guardianship order, grant of probate, or written authorisation from the CEO). The Registrar has discretion; ensure the application includes all required information and the correct fee. For government agencies or commercial entities seeking bulk information from the Register, pay $550 per year (item 13). For a one-off matching request, pay $220 (item 14). When requesting priority processing, add $44 to the certificate fee (item 11). For manual validation via the Document Verification Service, pay $10 (item 12). The NZ Department of Internal Affairs can access data under regulation 8 without paying a fee, as that regulation prescribes them as a public authority, but they must comply with the Act’s conditions. Always check the current fee schedule, as fees are amended annually. The latest amendment (SL 2025/111) took effect 1 July 2025; any application after that date uses the current table. If unsure, verify against the Western Australian legislation website or the Registrar’s fee schedule. Keep records of payment and any acknowledgment of receipt. If an application is rejected due to incorrect fee, the regulations do not provide a grace period; reapply with the correct fee. For change of name applications, note that the $200 fee is non-refundable if the application is refused. For sex/gender change applications, the same applies. The $190 fee in item 10 and $55 fee in regulation 7 are separate; both must be paid if applicable. Do not assume that a single fee covers both processes. Finally, if you are applying on behalf of another person (e.g., guardian or executor), ensure you have legal authority to do so. The Registrar may request evidence.