I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 15 March 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Julie Bishop
Minister for Foreign Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Registration of deaths—application
6 Form of application for registration
7 Manner of making application for registration
8 Additional particulars for application for registration
Part 3—Registration of deaths—Certificate of Death Abroad
9 Particulars to be contained in Certificate of Death Abroad
10 Particulars relating to person who has died
11 Particulars relating to death, otherwise than by disappearance
12 Particulars relating to the Registrar
13 Particulars to be entered in the Register
Part 4—Miscellaneous
14 Fees
15 Form of certificates by Registrar
16 Manner of giving notices
Part 5—Application, saving and transitional provisions
17 Things done under the Registration of Deaths Abroad Regulations 1985
18 Application—fees
Schedule 1—Forms
Form 1—Application for registration of a death abroad
Form 2—Application for registration of the death abroad of a person who has disappeared
Form 3—Certificate for copy or extract of entry in the Register
Schedule 2—Repeals
Registration of Deaths Abroad Regulations 1985
Part 1—Preliminary
1 Name
This instrument is the Registration of Deaths Abroad Regulations 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 23 March 2018
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Registration of Deaths Abroad Act 1984.
4 Schedules
Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Certificate of Death Abroad;
(b) Register;
(c) Registrar.
In this instrument:
Act means the Registration of Deaths Abroad Act 1984.
child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
Part 2—Registration of deaths—application
6 Form of application for registration
For the purposes of paragraph 11(1)(a) of the Act, the form prescribed for an application for the registration of the death of a person is:
(a) in the case of an application under subsection 10(1) of the Act—Form 1 in Schedule 1; or
(b) in the case of an application under subsection 10(2) of the Act—Form 2 in Schedule 1.
7 Manner of making application for registration
For the purposes of paragraph 11(1)(b) of the Act, the manner prescribed for making an application for the registration of the death of a person is by giving the application to the Registrar.
8 Additional particulars for application for registration
For the purposes of paragraph 11(1)(m) of the Act, the other particulars prescribed for an application for the registration of the death of a person are:
(a) in the case of an application under subsection 10(1) of the Act—the particulars mentioned in Form 1 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (e), (f), (g), (j) and (k) of the Act); or
(b) in the case of an application under subsection 10(2) of the Act—the particulars mentioned in Form 2 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (h), (j) and (k) of the Act).
Part 3—Registration of deaths—Certificate of Death Abroad
9 Particulars to be contained in Certificate of Death Abroad
For the purposes of subsection 15(1) of the Act, in relation to the registration of the death of a person, the particulars relating to the person, the death and the Registrar set out in this Part are prescribed.
10 Particulars relating to person who has died
The prescribed particulars relating to the person are the following:
(a) surname;
(b) given names;
(c) date of death or date on which the person was last seen alive;
(d) place of death or place at which the person was last seen alive;
(e) gender;
(f) date of birth;
(g) place of birth;
(h) last known occupation;
(i) usual place of residence;
(j) nationality;
(k) relationship status;
(l) surname, given names and any former name of spouse or de facto partner (if any);
(m) first name, surname and date of birth of each child (if any);
(n) surname, given names and any former surname of each parent.
11 Particulars relating to death, otherwise than by disappearance
For the death of a person otherwise than in circumstances mentioned in paragraph 9(1)(a) of the Act, the prescribed particulars relating to the death are the following:
(a) cause of death;
(b) name of medical practitioner, coroner or authority furnishing particulars;
(c) date of burial or cremation;
(d) place of burial or cremation.
12 Particulars relating to the Registrar
The prescribed particulars relating to the Registrar are the following:
(a) name of the Registrar;
(b) place of registration;
(c) date application received by the Registrar.
13 Particulars to be entered in the Register
For the purposes of section 16 of the Act, all particulars contained in a Certificate of Death Abroad are required to be entered in the Register.
Part 4—Miscellaneous
14 Fees
(1) For the purposes of subsection 19(3) of the Act, the fee prescribed is the sum of the fixed component and the variable component.
(2) In this section:
fixed component means $9.
variable component means:
(a) for an application made in the financial year ending on 30 June 2018—$46; or
(b) for an application made in a later financial year—the variable component for an application made in the previous financial year increased by 4% (rounded down to the nearest dollar).
15 Form of certificates by Registrar
For the purposes of paragraph 19(3)(b) of the Act, Form 3 in Schedule 1 is prescribed as the form for certification by the Registrar of a copy of, or an extract from, an entry in the Register.
16 Manner of giving notices
For the purposes of subsections 20(4), 21(4) and 22(4) of the Act, a notice to a person who applied for the registration of a death may be given by sending it by registered post addressed to the person at the person’s address given in the application.
Part 5—Application, saving and transitional provisions
17 Things done under the Registration of Deaths Abroad Regulations 1985
(1) If:
(a) a thing was done for a particular purpose under the Registration of Deaths Abroad Regulations 1985 as in force immediately before those Regulations were repealed; and
(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.
18 Application—fees
Section 14 applies in relation to applications made on or after the commencement of this instrument.
Schedule 1—Forms
Note: See sections 6 and 15.
Form 1—Application for registration of a death abroad
BIRTHS, DEATHS AND MARRIAGES APPLICATION TO REGISTER A DEATH ABROAD
| Form 1 ‑ ADA |
| --- | Registration of Deaths Abroad Act 1984 (Cth)Registration of Deaths Abroad Regulations 2018 (Cth)
Applicant’s phone number
Registration Number<br>(Office use only)
PARTICULARS OF DECEASED
Surname Given Name(s)
Date of Death Time of Death Place of Death
/ / am/pm
If the death occurred on board a flying craft or ship: (a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of death (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage
(a) (b) (c) (d) (e)
Date of Birth Gender Place of Birth
/ /
Nationality Last known occupation
Relationship status (e.g. married, de facto, single, divorced, widowed) Surname of spouse or de facto partner (if applicable)
Former name of spouse or de facto partner (if applicable) Given Name(s) of spouse or de facto partner (if applicable)
Children of the deceased (first name, surname) Date of Birth Gender Deceased
/ / oNo oYes
/ / oNo oYes
/ / oNo oYes
/ / oNo oYes
Parent Surname (e.g. mother) Parent Former Surname (if any) Parent Given Name(s)
Parent Surname (e.g. father) Parent Former Surname (if any) Parent Given Name(s)
Details of Residence
Usual place of residence
Where person resided in Australia at any time, the address/es at which the person resided Period of residence
Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.
(a)
(b)
(c)
(d)
Particulars of benefits payable by commonwealth
If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.
Medical particulars
Cause of death
Full name of medical practitioner, coroner or other authority furnishing medical particulars
BuRIAL/CREMATION PARTICULARS
Date of Burial/Cremation Place of Burial/Cremation
/ /
DeTAILS OF APPLICANT
Rank or Title Surname Given Name(s)
Relationship to deceased If not related, period applicant knew the deceased
If not related, grounds on which the applicant knows the identity of the deceased
Has an application for registration of death been made to any authority and, if not the Registrar, which authority
If an application for registration of death was made to any authority, was the application refused and reason
DECLARATION BY APPLICANT
I, (full name) being a (occupation)
of (address)
Email address:
certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.
Signature: Date:
Form 2—Application for registration of the death abroad of a person who has disappeared
BIRTHS, DEATHS AND MARRIAGES APPLICATION TO REGISTER A DEATH ABROAD OF A PERSON WHO HAS DISAPPEARED
| Form 2 ‑ ADD |
| --- | Registration of Deaths Abroad Act 1984 (Cth)Registration of Deaths Abroad Regulations 2018 (Cth)
Applicant’s phone number
Registration Number<br>(Office use only)
PARTICULARS OF DECEASED
Surname Given Name(s)
Date last seen alive Time last seen alive Place last seen alive
/ / am/pm
Date of Birth Gender Place of Birth
/ /
Nationality Last known occupation
Relationship status (e.g. married, de facto, single, divorced, widowed) Surname of spouse or de facto partner (if applicable)
Former name of spouse or de facto partner (if applicable) Given Name(s) of spouse or de facto partner (if applicable)
Children of the deceased (first name, surname) Date of Birth Gender Deceased
/ / oNo oYes
/ / oNo oYes
/ / oNo oYes
/ / oNo oYes
Parent Surname (e.g. mother) Parent Former Surname (if any) Parent Given Name(s)
Parent Surname (e.g. father) Parent Former Surname (if any) Parent Given Name(s)
DETAILS OF RESIDENCE
Usual place of residence
Where person resided in Australia at any time, the address/es at which the person resided Period of residence
PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH
Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.
(a)
(b)
(c)
(d)
If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.
PARTICULARS OF WITNESSES
Surname of witness who last saw person alive Given Name(s) of witness who last saw person alive
Address of witness who last saw person alive
Surname of other witness who last saw person alive Given Name(s) of other witness who last saw person alive
Address of other witness last saw person alive
Surname of other witness who last saw person alive Given Name(s) of other witness who last saw person alive
Address of other witness last saw person alive
Particulars of Disappearance
Such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant
Particulars of the grounds the applicant has for believing that the person has died
(a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of disappearance (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage
<br>(a) (b) (c)<br> <br>(d) (e)<br>
Documents in support of application
List the documents furnished as evidence that the person is dead
DeTAILS OF APPLICANT
Rank or Title Surname Given Name(s)
Relationship to deceased If not related, period applicant knew the deceased
If not related, grounds on which the applicant knows the identity of the person who has disappeared
Has an application for registration of death been made to any authority and, if not the Registrar, which authority
If an application for registration of death was made to any authority, was the application refused and reason
DECLARATION BY APPLICANT
I, (full name) being a (occupation)
of (address)
Email address:
certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.
Signature: Date:
Form 3—Certificate for copy or extract of entry in the Register
Registration of Deaths Abroad Regulations 2018
COMMONWEALTH OF AUSTRALIA
I hereby certify that the above particulars are contained in an entry in the Register kept in the Australian Capital Territory.