Births, Deaths and Marriages Registration Act 1996 (South Australia)

This Act establishes the legal framework for civil registration in South Australia. It creates the office of the Registrar of Births, Deaths and Marriages, tasks the Registrar with creating and maintaining registers of births, deaths, marriages, changes of name, and changes of sex or gender identity, and sets out who must notify and who may apply for registration of those events (ss5, 6, 40). The Act prescribes procedural requirements, time limits and information that must be provided for notifications and registrations; gives the Registrar powers of inquiry and correction of the Register; creates a discretionary access regime for extracts and certificates; and provides offences and penalties for false representations, unauthorised access, forgery and related misconduct (Parts 2, 3, 6, 7, 9; ss41, 42, 43, 51-53).

Mechanically, the Act does the following key things:

Establishes obligations to notify births and deaths, with short statutory timeframes and monetary penalties for late or missing notifications by responsible persons, doctors and funeral directors (ss12(1)-(3), 36(1)-(3), 38(1)); and requires a birth registration statement to be lodged to register a birth (s14(1)).
Requires registration of births, deaths and marriages occurring in the State, and permits registration in certain cross‑jurisdictional circumstances subject to a prohibition where the event is already registered under a corresponding law (ss13, 30, 33).
Authorises changes of name by registration, sets eligibility and evidentiary requirements, and creates special controls for “restricted persons” (ss23-29G).
Introduces a standalone Part for changes of sex or gender identity (Part 4A), setting application routes for persons born in South Australia and for South Australian residents born overseas; requires clinical evidence or recognition from other jurisdictions, protects historical entries from routine disclosure, and creates criminal liability for using old birth certificates to deceive (ss29H-29U, 29N).

South Australia Births, Deaths and Marriages Registration Act 1996 An Act about the registration of births, deaths and marriages and related matters.

Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation Part 2—Administration Division 1—The Registrar 5 Registrar 6 Registrar's functions 7 Registrar's staff 8 Delegation Division 2—Execution of documents 9 The Registrar's seal 10 Execution of documents Division 3—Reciprocal administrative arrangements 11 Reciprocal administrative arrangements Part 3—Registration of births Division 1—Notification of births 12 Notification of births Division 2—Registration of births 13 Cases in which registration of birth is required or authorised 14 How to have the birth of a child registered 15 Responsibility to have birth registered 16 Obligation to have birth registered 17 Registration Division 3—Alteration of details of birth registration 18 Alteration of details of parentage after registration of birth Division 4—Court orders relating to registration of birth 19 Application to Court 20 Power to direct registration of birth etc Division 5—Child's name 21 Name of child 22 Dispute about child's name Division 6—Surrogacy orders 22A Surrogacy orders Part 4—Change of name Division 1—General requirements for change of name 23 Change of name by registration 24 Application to register change of adult's name 25 Application to register change of child's name 25A Change of name of child under guardianship 26 Child's consent to change of name 27 Registration of change of name 28 Entries to be made in the Register 29 Change of name may still be established by repute or usage 29A Saving provision—surrogacy arrangements Division 2—Requirements for change of name of restricted persons 29B Interpretation 29C Application of Division 29D Application for change of name by or on behalf of restricted person 29E Approval by supervising authority for change of name of restricted person 29F Additional requirements for registration of change of name of restricted person 29G Information exchange between Registrar and supervising authority Part 4A—Change of sex or gender identity Division 1—Preliminary 29H Preliminary Division 2—Applicants born in South Australia 29I Application to change sex or gender identity 29J Application to change child's sex or gender identity 29K Material supporting application 29L Change of sex or gender identity 29M Special provision relating to access to Register and issue of extracts and certificates 29N Use of old birth certificate to deceive Division 3—South Australian residents born outside Australia 29O Application for identity acknowledgement certificate 29P Application for identity acknowledgement certificate in respect of child 29Q Issue of identity acknowledgement certificate 29R Effect of identity acknowledgement certificate Division 4—General provisions 29S Registrar may limit number of applications 29T Entitlement not affected by change of sex or gender identity 29U Change of sex or gender identity—interaction with other laws Part 5—Registration of marriages 30 Cases in which registration of marriage is required 31 How to have marriage registered 32 Registration of marriage Part 6—Registration of deaths Division 1—Cases where registration of death is required or authorised 33 Deaths to be registered under this Act Division 2—Court or Tribunal orders relating to registration of death 34 Application to Tribunal 35 Power to direct registration of death etc Division 3—Notification of deaths 36 Notification of deaths by doctors 37 Notification by coroner 38 Notification by funeral director etc Division 3A—Notification by court appointed guardians 38A Notification by court appointed guardians Division 4—Registration of death 39 Registration Part 7—The Register Division 1—Keeping the Register 40 The Register Division 2—Registrar's powers of inquiry 41 Registrar's powers of inquiry Division 3—Correction of Register 42 Registrar's power to correct Register Division 4—Access to, and certification of, Register entries 43 Access to Register 44 Search of Register 45 Protection of privacy 46 Issue of certificate 47 Access policies 48 Fees 49 Power to remit fees 49A Saving provision—surrogacy arrangements Part 8—General power of review 50 Review Part 9—Miscellaneous 51 False representation 52 Unauthorised access to or interference with Register 53 Falsification of certificate etc 55 Regulations Schedule 1—Transitional 1 Interpretation 3 The Register 4 The Registrar and Deputy Registrars Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Births, Deaths and Marriages Registration Act 1996. 3—Objects of Act The objects of this Act are to provide for— (a) the registration of births, deaths and marriages in South Australia; and (b) the registration of changes of name; and (ba) the registration of changes in sex or gender identity; and (c) the keeping of registers for recording and preserving information about births, deaths, marriages and changes of name in perpetuity; and (d) access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State; and (e) the issue of certified information from the registers; and (f) the collection and dissemination of statistical information. 4—Interpretation In this Act— adult means a person who is 18 or above or, although under 18, is or has been married; authorised celebrant means an authorised celebrant under the Marriage Act 1961 (Cwth); birth means the expulsion or extraction of a child from its mother; change of name includes an addition, omission or substitution; child includes a still-born child; corresponding law means a law of another State that provides for the registration of births, deaths and marriages; Court means the Magistrates Court; cremated remains has the same meaning as in the Burial and Cremation Act 2013; death includes still-birth; 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); doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); donor means a person who provided human reproductive material for the purposes of an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) on the understanding that they would not be a parent or legal guardian of a child born as a consequence of the procedure; donor conception means conception of a child by an insemination procedure (whether assisted reproductive treatment, within the meaning of the Assisted Reproductive Treatment Act 1988, or any other form of artificial fertilisation procedure) using human reproductive material provided by a donor; funeral director means a person who carries on the business of arranging for the disposal of human remains; human remains includes the remains of a still-born child; 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) is contrary to the public interest for some other reason; registrable event means a birth, change of name, change of sex or gender identity, death or marriage and includes the making or revocation of a surrogacy order; registrable information means information that must or may be included in the Register1; Register—See section 40; registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages; Registrar means the Registrar of Births, Deaths and Marriages; State includes a Territory; still-birth means the birth of a still-born child; still-born 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 but does not include the product of a procedure for the termination of pregnancy; surrogacy order means an order under section 18 or 19 of the Surrogacy Act 2019; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Note— 1 See section 40(2). Part 2—Administration Division 1—The Registrar 5—Registrar (1) The Registrar of Births, Deaths and Marriages is responsible, subject to the Minister's control and direction, for the administration of this Act. (2) The Registrar is to be a Public Service employee. 6—Registrar's functions (1) The Registrar's general functions are to— (a) establish and maintain the registers1 necessary for the purposes of this Act or any other Act; and (b) administer the registration system established by this Act and ensure that it operates efficiently, effectively and economically; and (c) ensure that this Act is administered in the way best calculated to achieve its objects. (2) In addition to the general functions referred to in subsection (1), the Registrar— (a) may carry out any other function conferred on the Registrar by or under this Act or any other Act; and (b) may do anything necessary or expedient to be done for the purposes of a function referred to in this section. Note— 1 The registers are collectively referred to as the Register—See section 40. 7—Registrar's staff (1) The Registrar's staff consists of— (a) one or more Deputy Registrars of Births, Deaths and Marriages; and (b) the other staff necessary for the proper administration of this Act. (2) A Deputy Registrar has the powers and functions of the Registrar but is subject to direction by the Registrar. (3) The staff are to be Public Service employees. 8—Delegation (1) The Registrar may delegate powers or functions under this or any other Act. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. Division 2—Execution of documents 9—The Registrar's seal The Registrar has a seal. 10—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, tribunal 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, tribunal, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority. Division 3—Reciprocal administrative arrangements 11—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 data base 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 data base; and (c) provide for payments by or to participants in the arrangement for services provided under the arrangement. Part 3—Registration of births Division 1—Notification of births 12—Notification of births (1) When a child is born in the State, the responsible person must give written notice of the birth to the Registrar including the particulars required by regulation. Maximum penalty: $1 250. (2) The notice must be given— (a) in the case of a child born alive—within 7 days after birth; (b) in the case of a still-birth—within 48 hours after birth. (3) When notice of a still-birth is given, the responsible person must also give a doctor's certificate in a form approved by the Registrar, certifying the cause of foetal death, to— (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) The certificate must be completed by the doctor responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth. (5) 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 other cases—the doctor or midwife responsible for the professional care of the mother at the birth. Division 2—Registration of births 13—Cases in which registration of birth is required or authorised (1) If 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— (a) the child is to become a resident of the State; or (b) in the case of a still-born child—a person responsible for having the birth of the child registered is or is to become a resident of the State, the birth may be registered under this Act. (5) However, the Registrar must not register a birth under subsections (3) or (4) if the birth is registered under a corresponding law. 14—How to have the birth of a child registered (1) A person has the birth of a child registered under this Act by lodging a statement (the birth registration statement) in a form approved by the Registrar containing the information required by regulation. (2) If the child was born as a result of donor conception, the birth registration statement must state that fact and include particulars of the identity (if known) of the donor. (3) The fact that a person is described as a donor in a birth registration statement in accordance with this section, or in an entry about the birth in the Register— (a) does not constitute an acknowledgement of parentage for the purposes of the Family Relationships Act 1975 or any other law; and (b) does not otherwise operate to make that person the mother or father of the child for the purposes of any other law. 15—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 impossible, impracticable or inappropriate for the other parent to join or be required to join in the application whether because of his or her death, disappearance, ill-health or unavailability or the need to avoid unwarranted distress or for some other reason. (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. 16—Obligation to have birth registered (1) A person responsible for having the birth of a child registered must ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth. Maximum penalty: $1 250. (2) However, the Registrar must accept a birth registration statement even though it is lodged after the end of the 60 day period. 17—Registration (1) The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars. Division 3—Alteration of details of birth registration 18—Alteration of details of parentage after registration of birth (1) The Registrar may include registrable information about a child's parents or a donor in the Register after registration of the child's birth if— (a) the father and mother of the child make a joint application for the addition of the information; or (b) one parent of the child makes an application for the addition of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason. (2) The Registrar must include or correct registrable information about a child's parents or a donor in the Register after registration of the child's birth if a court (whether of this or any other State or the Commonwealth) directs the inclusion or correction of the information in the Register or the Registrar is advised of a finding by a court that a particular person is a parent of the child. (3) 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. Division 4—Court orders relating to registration of birth 19—Application to Court The Court may, on application by an interested person or on its own initiative, order— (a) the registration under this Act of a birth that has occurred in the State; or (b) the inclusion or correction of registrable information about a birth or a child's parents in the Register. 20—Power to direct registration of birth etc If a court finds— (a) that the birth of a person is not registered as required under this Act or a corresponding law; or (b) that 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 (as the case may require). Division 5—Child's name 21—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 statement1, 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. (3) A birth registration statement relating to a still-born child need not state the name of the child. Note— 1 For example, there is no requirement that the name be made up of both a surname and a given name or given names. 22—Dispute about child's name (1) If there is a dispute between parents about a child's name, either parent may apply to the Tribunal for a resolution of the dispute. (2) On an application under subsection (1), the Tribunal may— (a) resolve the dispute about the child's name as the Tribunal considers appropriate; and (b) order the Registrar to register the child's name in a form specified in the order. Division 6—Surrogacy orders 22A—Surrogacy orders (1) On receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy order about a child whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the child's birth and the child's name. (2) Without limiting subsection (1), the Registrar must, in relation to the Register, make such entries and alterations as are necessary to give effect to the operation of the orders made by the Court under section 18(1) or 19(3) of the Surrogacy Act 2019 (as the case requires). (3) Subject to subsection (4), a certificate issued by the Registrar after the registration of the particulars provided in a notice under section 21 of the Surrogacy Act 2019— (a) must only disclose and certify up‑to‑date particulars contained in an entry; and (b) must not provide any information disclosing a change in a parent or parents of the relevant child, or a change in the name of the child (including by disclosing the name of, or information about, any birth parent who is no longer considered as a parent of the child). (4) A person— (a) who is the subject of a surrogacy order and who has attained the age of 18 years; or (b) who is a party to the surrogacy agreement that gave rise to a surrogacy order, is entitled to a certificate certifying all relevant entries in the Register. (5) On the receipt of a notice under section 21 of the Surrogacy Act 2019 in relation to the making or revocation of a surrogacy order about a child whose birth is registered in another State, the Registrar must send a copy of the notice to the relevant registering authority. Part 4—Change of name Division 1—General requirements for change of name 23—Change of name by registration A person's name may be changed by registration of the change under this Part. 24—Application to register change of adult's name (1) Subject to this Part, an adult person may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's name if— (a) the person's birth is registered in the State; or (b) — (i) the person was born outside Australia; and (ii) the person's birth is not registered in another State or Territory; and (iii) the person has been resident in the State for at least 12 consecutive months immediately before the date of the application. (2) The Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name— (a) is sought for the purpose of the protection of the applicant or a child of the applicant; or (b) is related to a marriage or divorce of the applicant. (3) An application under subsection (1) must contain a declaration by the person indicating whether he or she is, at the time of the making of the application— (a) a restricted person as defined in section 29B; or (b) a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006. 25—Application to register change of child's name (1) The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's name if— (a) the child's birth is registered in the State; or (b) — (i) the child was born outside Australia; and (ii) the child's birth is not registered in another State or Territory; and (iii) the child has been resident in the State for at least 12 consecutive months immediately before the date of the application. (1a) The Registrar may waive the requirement under subsection (1)(b)(iii) if the Registrar is satisfied that the change of name— (a) is sought for the purpose of the protection of the child or the applicants; or (b) the applicants have legally married and wish the child to change to the married name of both applicants. (1b) The requirement under subsection (1)(b)(iii) does not apply if the Tribunal has approved the proposed change of a child's name under subsection (2)(c). (2) An application for registration of a change of a child's name may be made by one parent if— (a) the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or (b) there is no other surviving parent of the child; or (c) the Tribunal approves the proposed change of name. (3) The Tribunal may, on application by a child's parent, approve a proposed change of name for the child if satisfied that the change is in the child's best interests. (4) If the parents of a child are dead, cannot be found, or for some other reason cannot exercise their parental responsibilities to a child, the child's guardian may apply for registration of a change of the child's name. (5) This section does not apply in relation to a child during any period that section 25A applies in relation to the child. 25A—Change of name of child under guardianship (1) This section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires): (a) a child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age; (b) a child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months. (2) The Chief Executive may, by notice in writing— (a) in the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or (b) in the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires), direct the Registrar to register a change of the name of a child in relation to whom this section applies. (3) Before giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so— (a) ascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and (b) — (i) take reasonable steps to notify the parents of the child of the proposed change of name; and (ii) have regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive. (4) The Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so. (5) Sections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section. (6) The Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1). (7) Nothing in this section prevents the name of a child being later changed in accordance with the law of the State. (8) A person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act). (9) The regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section. (10) In this section— Chief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017; repealed Act means the Children's Protection Act 1993. 26—Child's consent to change of name A change of a child's name 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. 27—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—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 or tribunal, 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. 28—Entries to be made in the Register (1) The Registrar registers a change of name by making an entry about the change of name in the Register including the particulars required by regulation. (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. (3) If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person's name as changed under this Part. 29—Change of name may still be established by repute or usage This Part does not prevent a change of name by repute or usage. 29A—Saving provision—surrogacy arrangements This Part does not limit the operation of Division 6 of Part 3. Division 2—Requirements for change of name of restricted persons 29B—Interpretation In this Division— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; immediate family of a person means any 1 or more of the following: (a) a spouse or domestic partner; (b) a parent (including a person who stands in the position, and undertakes the responsibilities, of a parent); (c) a grandparent; (d) a child (including an adult child); (e) a grandchild (including an adult grandchild); (f) a brother or sister; restricted person means— (a) a prisoner; or (b) a prisoner released on parole or home detention under the Correctional Services Act 1982; or (c) a person subject to an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015; or (d) a person released on licence under the Sentencing Act 2017; or (e) a person or a class of persons declared by the regulations to be a restricted person; prisoner has the same meaning as in the Correctional Services Act 1982; spouse—a person is the spouse of another if they are legally married; supervising authority means— (a) the person holding or acting in the position of Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982; or (b) a person declared by the regulations to be a supervising authority in respect of a restricted person or a class of restricted person. 29C—Application of Division (1) The requirements and restrictions in this Division are in addition to the requirements and restrictions contained in Division 1. (2) This Division does not apply to a change of name of a restricted person who is a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006. Note— The Child Sex Offenders Registration Act 2006 provides for the requirements in relation to changing, or applying to change, the name of a registrable offender. 29D—Application for change of name by or on behalf of restricted person (1) A restricted person must not— (a) apply to the Registrar to register a change of his or her name under this Act; or (b) apply to a registering authority to register a change of his or her name under a corresponding law, without the written approval of the supervising authority. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not, on behalf of a restricted person— (a) apply to the Registrar to register a change of his or her name under this Act; or (b) apply to a registering authority to register a change of his or her name under a corresponding law, without the written approval of the supervising authority. Maximum penalty: $10 000 or imprisonment for 2 years. (3) If a court convicts a person of an offence under subsection (1) or (2), the court may, on application by the prosecution, declare a change of name registered in relation to the person to be void and the Registrar must, on being notified of that declaration, correct the Register. 29E—Approval by supervising authority for change of name of restricted person (1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration for a change of name of a restricted person. (2) In determining whether to grant an approval under subsection (1), the supervising authority must have regard to the following: (a) the safety of the restricted person and other persons; (b) the rehabilitation, care or treatment of the restricted person; (c) whether the proposed change of name— (i) could be used to further an unlawful activity or purpose; or (ii) could be used to evade or hinder the supervision of the restricted person; or (iii) could be considered offensive to a victim of crime or the immediate family of a deceased victim of crime. (3) The supervising authority must not approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person unless the supervising authority is satisfied that the change is necessary or reasonable. (4) The supervising authority must, on approving the making of an application under subsection (1)— (a) as soon as practicable, give written notice of the approval to the person who intends to make the application; and (b) give a copy of the written notice of approval to the Registrar or the registering authority (as the case requires). (5) The supervising authority may, by instrument in writing, delegate to a person (including a person for the time being holding or acting in a particular position) a function or power of the supervising authority under this section. (6) A delegation under subsection (5)— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) may be further delegated; and (d) is revocable at will by the delegator. 29F—Additional requirements for registration of change of name of restricted person (1) The Registrar must not register a change of name of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for registration of a change of name. (2) The Registrar must notify the supervising authority of a change of name of a restricted person. (3) The Registrar may correct the Register if a change of name of a person has been registered in contravention of this Division. 29G—Information exchange between Registrar and supervising authority (1) The Registrar and the supervising authority may enter into an arrangement for the provision or exchange of information for the purposes of this Division. (2) Information may be provided or exchanged in accordance with an arrangement under this section despite any other Act or law. Part 4A—Change of sex or gender identity Division 1—Preliminary 29H—Preliminary (1) In this Part— clinical treatment—clinical treatment need not involve invasive medical treatment (and may include or be constituted by counselling); designated certificate means a certificate relating to the recognition of sex or gender identity issued under the law of another jurisdiction and recognised by the Registrar for the purposes of this Part; identity acknowledgement certificate means a certificate issued under section 29Q; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); prescribed notification means a notification issued by another registering authority and recognised by the Registrar for the purposes of this Part; psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). (2) For the purposes of this Part, a reference to a change of a person's sex or gender identity includes, in the case of a person whose sex or gender identity has not been determined, a reference to the determination of the person's sex or gender identity. (3) For the purposes of this Part, clinical treatment constituted by counselling only cannot be regarded as a sufficient amount of appropriate clinical treatment unless the period of the counselling is equal to or greater than the prescribed period. Division 2—Applicants born in South Australia 29I—Application to change sex or gender identity (1) Subject to this Part, a person of or above the age of 18 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's sex or gender identity. (2) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and (b) include the material required under section 29K. 29J—Application to change child's sex or gender identity (1) Subject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's sex or gender identity. (2) However, an application under subsection (1) may only be made if— (a) the child's birth is registered in the State; and (b) the Tribunal approves the making of the application. (3) An application under subsection (1) must— (a) specify a sex or gender identity of a kind recognised by the regulations that the person is seeking to have registered; and (b) include the material required under section 29K. (4) The Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(b) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted. (5) In determining whether or not to grant an approval, the Tribunal must take into account— (a) whether the child understands the meaning and implications of the making of an application to the Registrar; and (b) whether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and (c) whether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity; and (d) whether a designated certificate or a prescribed notification has been provided. (7) A child is to be taken to have the capacity to make an application under this section. 29K—Material supporting application An application under this Division must be accompanied by— (a) a statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity (including in the case of a person whose sex or gender identity has now become determinate); or (b) in the case of an applicant in relation to whom a designated certificate or a prescribed notification has been issued— (i) a copy of the designated certificate or prescribed notification (as the case may be); and (ii) a statement— (A) of a kind described in paragraph (a); or (B) by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in the jurisdiction that issued the designated certificate or prescribed notification. 29L—Change of sex or gender identity If, on an application under this Division, the Registrar is satisfied that the applicant has undertaken a sufficient amount of appropriate clinical treatment in relation to their sex or gender identity, the Registrar may make an entry about the change of the person's sex or gender identity in the Register, including the particulars required by regulation. 29M—Special provision relating to access to Register and issue of extracts and certificates (1) Subject to this section, an extract or certificate issued by the Registrar in relation to a person after the registration of a change in the person's sex or gender identity under this Part must only disclose and certify up‑to‑date particulars contained in the relevant entry. (2) Where registration of a change in a person's sex or gender identity has occurred under this Part, the Registrar— (a) must retain on the Register the particulars contained in the entry in the Register relating to the person's sex or gender identity before the registration of the change; but (b) must not— (i) allow access to the particulars referred to in paragraph (a); or (ii) issue an extract or certificate from the Register showing the person's sex or gender identity before the registration of the change, unless application for access to the information or issue of the extract or certificate is made by— (iii) the person; or (iv) a child of the person; or (v) a person or body specified by regulation. 29N—Use of old birth certificate to deceive (1) A person who— (a) produces a birth certificate to someone else that shows a person's sex or gender identity before the registration of a change in the person's sex or gender identity under this Part; and (b) produces the certificate with intent to deceive, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) It is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant. (3) In this section— birth certificate includes— (a) a copy of a birth certificate; and (b) an extract from a birth certificate. Division 3—South Australian residents born outside Australia 29O—Application for identity acknowledgement certificate (1) Subject to this Part, a person— (a) who is of or above the age of 18 years; and (b) who was born outside Australia; and (c) whose birth is not registered in another State or Territory; and (d) who has been resident in the State for at least 12 consecutive months immediately before the date of the application, may apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate. (2) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have specified on the identity acknowledgement certificate; and (b) include a statement by a medical practitioner or psychologist certifying that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's gender identity. 29P—Application for identity acknowledgement certificate in respect of child (1) Subject to this Part, a child under the age of 18 years, or a parent or guardian of a child under the age of 18 years, may apply to the Registrar, in a form approved by the Registrar, for an identity acknowledgement certificate. (2) However, an application under subsection (1) may only be made if— (a) the child was born outside Australia; and (b) the child's birth is not registered in another State or Territory; and (c) the child has been resident in the State for at least 12 consecutive months immediately before the date of the application; and (d) the Tribunal approves the making of the application. (3) An application under this section must— (a) specify a sex or gender identity of a kind recognised by the regulations that the applicant is seeking to have recorded specified on the identity acknowledgement certificate; and (b) include a statement by a medical practitioner or psychologist certifying that the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's gender identity. (4) The Tribunal may, on application by the person who made the application under subsection (1), grant an approval for the purposes of subsection (2)(d) if the Tribunal is satisfied that it is in the best interests of the child that the approval be granted. (5) In determining whether or not to grant an approval, the Tribunal must take into account— (a) whether the child understands the meaning and implications of the making of an application to the Registrar; and (b) whether the child has the capacity to consent to the application and, if so, the child's position in relation to the making of the application; and (c) whether the child has undertaken a sufficient amount of appropriate clinical treatment in relation to the child's sex or gender identity. (7) A child is to be taken to have the capacity to make an application under this section. 29Q—Issue of identity acknowledgement certificate If, on an application for an identity acknowledgement certificate, the Registrar is satisfied that the person has undertaken a sufficient amount of appropriate clinical treatment in relation to the person's sex or gender identity, the Registrar may issue a certificate that acknowledges the person's sex or gender identity. 29R—Effect of identity acknowledgement certificate If an identity acknowledgement certificate is issued to a person under this Division, the person is of the sex or gender identity specified in the identity acknowledgement certificate. Division 4—General provisions 29S—Registrar may limit number of applications (1) The Registrar may determine and publish on a website determined by the Registrar a limit on the number of applications that may be made under this Part in respect of a person. (2) If— (a) the number of applications that have been made under this Part in respect of a person is equal to or greater than the limit determined by the Registrar; and (b) a further application in respect of the person is made, the Registrar may reject the application. (3) A person aggrieved by a decision of the Registrar to reject an application under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. (4) An application for review must be made within 28 days after the person received notice of the decision of the Registrar to reject the application referred to in subsection (2)(b). (5) On a review, the Tribunal may— (a) confirm the Registrar's decision; or (b) set aside the Registrar's decision and send the matter back to the Registrar with a direction that the application be accepted and dealt with in accordance with this Part. 29T—Entitlement not affected by change of sex or gender identity A person who has an entitlement under a will, trust or other instrument does not lose the entitlement only because of a change in the person's sex or gender identity or the issue of an identity acknowledgement certificate under this Part, unless the will, trust or other instrument provides otherwise. 29U—Change of sex or gender identity—interaction with other laws A person who has changed their sex or gender identity or has been issued an identity acknowledgement certificate under this Part will be taken to have satisfied a requirement under another Act or law that the person provide details of their sex if the person provides details of their sex or gender identity as changed. Part 5—Registration of marriages 30—Cases in which registration of marriage is required If a marriage is solemnised in the State, the marriage must be registered under this Act. 31—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 Registrar1. Note— 1 Under section 50(4) of the Marriage Act 1961 of the Commonwealth the authorised celebrant is responsible for lodging the certificate of marriage with the Registrar. 32—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 Division 1—Cases where registration of death is required or authorised 33—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, tribunal 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) However, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law. (6) If a child is still-born, the child's death1 is not to be registered under this Part. Note— 1 ie the foetal death. A child is defined to include a still-born child. Division 2—Court or Tribunal orders relating to registration of death 34—Application to Tribunal The Tribunal may, on application by an interested person or on its own initiative, order— (a) the registration under this Act of a death that has occurred in the State; or (b) the inclusion or correction of registrable information about a death in the Register. 35—Power to direct registration of death etc If a court, tribunal or coroner finds— (a) that the death of a person is not registered as required under this Act or a corresponding law; or (b) that 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, tribunal or coroner may direct registration of the death or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require). Division 3—Notification of deaths 36—Notification of deaths by doctors (1) A doctor 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, give written notice of the death to the Registrar, including the particulars required by regulation. Maximum penalty: $1 250. (2) However, a doctor— (a) need not give a notice under this section if another doctor has given the required notice; and (b) must not give a notice under this section if the State Coroner or a police officer is required to be notified of the death under the Coroners Act 2003. Maximum penalty: $1 250. (3) When notice of a death is given, the doctor must also give a certificate in a form approved by the Registrar, certifying the cause of death, to— (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) If a child is still-born, the child's death is not to be notified under this section1. Note— 1 In the case of a still-birth notice must be given to the Registrar under section 12. 37—Notification by coroner (1) If the State Coroner is notified of a death under the Coroners Act 2003 or is inquiring into the cause of a death, the State Coroner must, as soon as practicable, notify the Registrar of that fact. (2) If the State Coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the State 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 certificate by the Registrar, certifying particulars contained in an entry about a death in the Register, issued before an inquest or other coronial inquiry into the cause of death is completed must be endorsed with the words: "Incomplete registration—Cause of death subject to coronial inquiry". 38—Notification by funeral director etc (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 or, in the case of a still-born child, the name and residential address of the parents of the still-born child; 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) the information required by regulation. Maximum penalty: $1 250. (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 the other information required by regulation. Maximum penalty: $1 250. (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 or, in the case of a still‑born child, the name and residential address of the parents of the still‑born child; and (b) if the death was reported to a coroner—a statement of that fact; and (c) the information required by regulation. Maximum penalty: $1 250. Division 3A—Notification by court appointed guardians 38A—Notification by court appointed guardians (1) A person may give notice to the Registrar that a person named in the notice was a court appointed guardian (other than a parent) of a person who has died at the time of the death. (2) A notice under subsection (1) must— (a) be given as soon as reasonably practicable after the death of the deceased; and (b) be in writing in a form approved by the Registrar; and (c) include a copy of the order of the Youth Court of South Australia placing the child under the guardianship of the person named in the notice; and (d) include the information required by the Registrar. (3) The Registrar may require a person giving notice under subsection (1)— (a) to provide further specified information or documents within a specified time; and (b) to verify, by statutory declaration, information provided for the purposes of the notice. (4) In this section— court appointed guardian means a person (other than the Chief Executive) under the Children and Young People (Safety) Act 2017. Division 4—Registration of death 39—Registration (1) The Registrar registers a death by making an entry about the death in the Register including the particulars required by regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars. (3) If the Registrar has received a notice under section 38A, the Registrar must include the name of the guardian of the deceased named in the notice in the entry of the Register relating to the death of the deceased. Part 7—The Register Division 1—Keeping the Register 40—The Register (1) The Registrar must maintain a register or registers1 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 its inclusion is authorised under the regulations. (3) The Register may be wholly or partly in the form of a computer data base, 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. Note— 1 A reference in this Act to the Register extends to all the registers kept under this subsection. Division 2—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 who fails, without reasonable excuse, to comply with a notice under subsection (2) is guilty of an offence. Maximum penalty: $1 250. Division 3—Correction of Register 42—Registrar's power to 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 corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry. (3) The Registrar's power to correct the Register under this section is in addition to any other power of the Registrar under this Act. Division 4—Access to, and certification of, Register entries 43—Access to Register (1) The Registrar may, on 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 (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 show 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) other relevant factors. 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 (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. (1a) If the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is still under the age of 18 years— (a) where the person was born before the commencement of this subsection— (i) may only indicate that the person was born as a result of donor conception (without providing any details of the donor)— (A) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (B) with the written consent of each legal parent or guardian of the person; and (ii) may only indicate that the person was born as a result of donor conception and include any details of the donor— (A) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (B) with the written consent of the donor and each legal parent or guardian of the person; or (b) where the person was born after the commencement of this subsection—must indicate that the person was born as a result of donor conception but may only include any details of the donor— (i) if the person has been granted access to that information in the donor conception register under Part 3 of the Assisted Reproductive Treatment Act 1988; or (ii) with the written consent of the donor and each legal parent or guardian of the person. (1b) If the Register indicates that a person was born as a result of donor conception, a birth certificate issued under subsection (1)(a) when the person is of or over the age of 18 years may, at the request of the person, do any of the following: (a) indicate that the person was born as a result of donor conception; (b) include any details of the donor. (1c) A failure to comply with a requirement of subsection (1a) or (1b) does not affect the admissibility or validity of a birth certificate. (2) A certificate under subsection (1)(a) is admissible in legal proceedings as evidence of— (a) the entry to which the certificate relates; and (b) the facts recorded in the entry. 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 (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 The Registrar may, in appropriate cases, remit the whole or part of a fee under this Act. 49A—Saving provision—surrogacy arrangements (1) Despite a preceding section of this Part, but subject to subsection (2), the Registrar must restrict access to the Register so as to keep confidential any information that would disclose the making or revocation of a surrogacy order. (2) Subsection (1) does not apply if the person seeking access to a relevant part of the Register is— (a) a party to the surrogacy agreement that gave rise to the surrogacy order; or (b) the person who is the subject of the surrogacy order if he or she has attained the age of 18 years. Part 8—General power of review 50—Review A person who is dissatisfied with a decision of the Registrar made in the performance or purported performance of functions under this Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Part 9—Miscellaneous 51—False representation A person who makes a false or misleading representation in an application or document under this Act, knowing it to be false or misleading, is guilty of an offence. Maximum penalty: $1 250. 52—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. Maximum penalty: $10 000 or imprisonment for 2 years. 53—Falsification of certificate etc (1) A person must not forge the Registrar's signature or seal. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not forge or falsify a certificate or other document under this Act. Maximum penalty: $10 000 or imprisonment for 2 years. (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. 55—Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) impose a penalty not exceeding a fine of $1 250 for contravention of a provision of the regulations; and (b) fix fees and provide for the payment, recovery, waiver or refund of fees. Schedule 1—Transitional 1—Interpretation In this Schedule— repealed Act means the Births, Deaths and Marriages Registration Act 1966. 3—The Register A Register maintained under the repealed Act forms part of the Register under this Act. 4—The Registrar and Deputy Registrars (1) The person holding office as the Principal Registrar of Births, Deaths and Marriages immediately before the commencement of this Act continues as the Registrar, subject to the provisions of this Act. (2) The person holding office as the Deputy Registrar immediately before the commencement of this Act continues as a deputy registrar, subject to the provisions of this Act. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Births, Deaths and Marriages Registration Act 1996 repealed the following: Births, Deaths and Marriages Registration Act 1966 Legislation amended by principal Act The Births, Deaths and Marriages Registration Act 1996 amended the following: Coroners Act 1975 Cremation Act 1891 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1996 6 Births, Deaths and Marriages Registration Act 1996 4.4.1996 3.6.1996 (Gazette 23.5.1996 p2534) 2003 33 Coroners Act 2003 31.7.2003 Sch (cl 5)—1.7.2005 (Gazette 23.6.2005 p1899) 2006 10 Statutes Amendment (Disposal of Human Remains) Act 2006 29.6.2006 Pt 2 (ss 4 & 5)—24.7.2006 (Gazette 20.7.2006 p2335) 2009 64 Statutes Amendment (Surrogacy) Act 2009 26.11.2009 Pt 3 (ss 15—18)—26.11.2010: s 2 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 21 (ss 40—42)—1.2.2010 (Gazette 28.1.2010 p320) 2010 5 Health Practitioner Regulation National Law (South Australia) Act 2010 1.7.2010 Sch 1 (cl 3)—1.7.2010 (Gazette 1.7.2010 p3338) 2013 20 Burial and Cremation Act 2013 14.6.2013 Sch 1 (cll 5 & 6)—1.2.2014 (Gazette 16.1.2014 p120) 2015 27 Births, Deaths and Marriages Registration (Change of Name) Amendment Act 2015 22.10.2015 Pt 2 (ss 4—7)—1.6.2016 (Gazette 21.1.2016 p152) 2016 4 Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016 17.3.2016 Pt 2 (ss 4 & 5)—17.9.2016: s 2 2016 30 Family Relationships (Parentage Presumptions) Amendment Act 2016 23.6.2016 Sch 1 (cll 1 & 2) & Sch 2 (cl 1)—23.9.2016: s 2 2016 65 Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016 15.12.2016 23.5.2017 (Gazette 23.5.2017 p1724) 2016 67 Relationships Register Act 2016 15.12.2016 Sch 1 (cl 2)—1.8.2017 (Gazette 1.8.2017 p3038) 2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 8 (ss 27 to 37)—5.7.2018 (Gazette 28.6.2018 p2618) 2017 53 Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 3 (s 5)—30.4.2018 (Gazette 6.2.2018 p612) 2017 64 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 5 (ss 39 to 41)—22.10.2018 (Gazette 19.12.2017 p5119) 2019 14 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 4 (ss 31 to 34)—1.10.2019 (Gazette 29.8.2019 p3138) 2019 31 Surrogacy Act 2019 7.11.2019 Sch 1 (cll 5 to 7)—1.9.2020 (Gazette 18.6.2020 p3392) 2019 46 Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 2 (ss 4 & 5)—1.5.2020 (Gazette 30.4.2020 p838) 2024 8 Assisted Reproductive Treatment (Posthumous Use of Material and Donor Conception Register) Amendment Act 2024 28.3.2024 Sch 1 (cll 1 to 4)—26.2.2025 (Gazette 28.11.2024 p4271) 2025 25 Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 3 & 4)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 1.7.2005 s 3 amended by 65/2016 s 4 23.5.2017 s 4

cremated remains inserted by 20/2013 Sch 1 cl 5 1.2.2014 doctor substituted by 5/2010 Sch 1 cl 3 1.7.2010 donor inserted by 8/2024 Sch 1 cl 1 26.2.2025 donor conception inserted by 8/2024 Sch 1 cl 1 26.2.2025 registrable event amended by 64/2009 s 15(1) 26.11.2010

amended by 65/2016 s 5 23.5.2017

amended by 31/2019 Sch 1 cl 5(2) 1.9.2020 surrogacy order inserted by 64/2009 s 15(2) 26.11.2010

amended by 31/2019 Sch 1 cl 5(1) 1.9.2020 Tribunal inserted by 51/2017 s 27 5.7.2018 Pt 2

s 5

s 5(1) s 5 redesignated as s 5(1) by 84/2009 s 40 1.2.2010 s 5(2) inserted by 84/2009 s 40 1.2.2010 s 6

s 6(1) s 6 amended and redesignated as s 6(1) by 67/2016 Sch 1 cl 2(1), (2) 1.8.2017 s 6(2) inserted by 67/2016 Sch 1 cl 2(2) 1.8.2017 s 7

s 7(3) inserted by 84/2009 s 41 1.2.2010 s 10

s 10(2) amended by 51/2017 s 28(1), (2) 5.7.2018 Pt 3

Pt 3 Div 2

s 14

s 14(1) s 14 redesignated as s 14(1) by 30/2016 Sch 1 cl 1 23.9.2016 s 14(2)—(4) inserted by 30/2016 Sch 1 cl 1 23.9.2016

expired: s 14(5)—omitted under Legislation Revision and Publication Act 2002 (27.10.2021) s 14(2) and (3) inserted by 8/2024 Sch 1 cl 2 26.2.2025 s 14(5) inserted by 30/2016 Sch 1 cl 1 23.9.2016

deleted by 8/2024 Sch 1 cl 2 26.2.2025 Pt 3 Div 3

s 18

s 18(1) and (2) amended by 8/2024 Sch 1 cl 3 26.2.2025 Pt 3 Div 5

s 22

s 22(1) and (2) amended by 51/2017 s 29 5.7.2018 Pt 3 Div 6 inserted by 64/2009 s 16 26.11.2010 s 22A

s 22A(1) amended by 31/2019 Sch 1 cl 6(1) 1.9.2020 s 22A(2) amended by 31/2019 Sch 1 cl 6(2) 1.9.2020 s 22A(3) amended by 31/2019 Sch 1 cl 6(3) 1.9.2020 s 22A(5) amended by 31/2019 Sch 1 cl 6(4) 1.9.2020 Pt 4

Pt 4 Div 1

heading inserted by 27/2015 s 4 1.6.2016 s 24 substituted by 27/2015 s 5 1.6.2016 s 25

s 25(1) substituted by 27/2015 s 6 1.6.2016 s 25(1a) inserted by 27/2015 s 6 1.6.2016 s 25(1b) inserted by 27/2015 s 6 1.6.2016

amended by 51/2017 s 30(1) 5.7.2018 s 25(2) amended by 51/2017 s 30(2) 5.7.2018 s 25(3) amended by 51/2017 s 30(3) 5.7.2018 s 25(5) inserted by 64/2017 s 39 22.10.2018 s 25A inserted by 64/2017 s 40 22.10.2018 s 27

s 27(2) amended by 51/2017 s 31 5.7.2018 s 29A inserted by 64/2009 s 17 26.11.2010 Pt 4 Div 2 inserted by 27/2015 s 7 1.6.2016 s 29B

restricted person amended by 53/2017 s 5 30.4.2018 Pt 4A inserted by 65/2016 s 6 23.5.2017 Pt 4A Div 2

s 29I

s 29I(3) deleted by 46/2019 s 4 1.5.2020 s 29J

s 29J(2) amended by 14/2019 s 31(1) 1.10.2019 s 29J(4) amended by 14/2019 s 31(2) 1.10.2019 s 29J(5) amended by 14/2019 s 31(3) 1.10.2019 s 29J(6) deleted by 14/2019 s 31(4) 1.10.2019 Pt 4A Div 3

s 29O

s 29O(3) deleted by 46/2019 s 5 1.5.2020 s 29P

s 29P(2) amended by 14/2019 s 32(1) 1.10.2019 s 29P(4) amended by 14/2019 s 32(2) 1.10.2019 s 29P(5) amended by 14/2019 s 32(3) 1.10.2019 s 29P(6) deleted by 14/2019 s 32(4) 1.10.2019 Pt 4A Div 4

s 29S

s 29S(3) amended by 14/2019 s 33(1) 1.10.2019 s 29S(4) amended by 14/2019 s 33(2), (3) 1.10.2019 s 29S(5) amended by 14/2019 s 33(4), (5) 1.10.2019 Pt 6

Pt 6 Div 1

s 33

s 33(2) amended by 51/2017 s 32 5.7.2018 Pt 6 Div 2

heading amended by 51/2017 s 33 5.7.2018 s 34 amended by 51/2017 s 34 5.7.2018 s 35 amended by 51/2017 s 35 5.7.2018 Pt 6 Div 3

s 36

s 36(2) amended by 33/2003 Sch (cl 2) 1.7.2005 s 37

s 37(1) substituted by 33/2003 Sch (cl 3(1)) 1.7.2005 s 37(2) amended by 33/2003 Sch (cl 3(2), (3)) 1.7.2005 Pt 6 Div 3A inserted by 4/2016 s 4 17.9.2016 s 38A

s 38A(4)

court appointed guardian amended by 64/2017 s 41 22.10.2018 Pt 6 Div 4

s 39

s 39(3) inserted by 4/2016 s 5 17.9.2016 Pt 7

Pt 7 Div 4

s 46

s 46(1a) inserted by 30/2016 Sch 1 cl 2 23.9.2016

expired: s 46(1b)—omitted under Legislation Revision and Publication Act 2002 (27.10.2021)

inserted by 8/2024 Sch 1 cl 4 26.2.2025 s 46(1b) inserted by 30/2016 Sch 1 cl 2 23.9.2016

substituted by 8/2024 Sch 1 cl 4 26.2.2025 s 46(1c) inserted by 8/2024 Sch 1 cl 4 26.2.2025 s 49A inserted by 64/2009 s 18 26.11.2010 s 49A(1) amended by 31/2019 Sch 1 cl 7 1.9.2020 Pt 8

s 50 substituted by 51/2017 s 36 5.7.2018 Pt 9

s 50A before deletion by 20/2013 inserted by 33/2003 Sch (cl 4) 1.7.2005 s 50A(1) amended by 10/2006 s 4(1)—(3) 24.7.2006 s 50A(2)—(4) inserted by 10/2006 s 4(4) 24.7.2006 s 50A(5) s 50A(2) redesignated as s 50A(5) by 10/2006 s 4(5) 24.7.2006 s 50A deleted by 20/2013 Sch 1 cl 6 1.2.2014 s 54 deleted by 84/2009 s 42 1.2.2010 s 55

s 55(2) substituted by 10/2006 s 5 24.7.2006 Sch 1

cl 2 omitted under Legislation Revision and Publication Act 2002 1.7.2005 Schs 2 and 3 omitted under Legislation Revision and Publication Act 2002 1.7.2005 Transitional etc provisions associated with Act or amendments Family Relationships (Parentage Presumptions) Amendment Act 2016, Sch 2—Transitional provision 1—Immunity Despite a provision of the Births, Deaths and Marriages Registration Act 1996, no liability attaches to a person for a failure to provide to the Registrar particulars of the person who is the father or co‑parent of a child in the case where— (a) the child was born before the commencement of this clause; and (b) the person is only taken to be father or co‑parent of the child by virtue of Part 2A of the Family Relationships Act 1975 (as amended by this Act). Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016, Sch 1 2—Transitional provision Despite the repeal of the Sexual Reassignment Act 1988, a recognition certificate issued under that Act in force immediately before the commencement of this clause will continue in force and effect and may be registered under section 9 of that Act as if that section had not been repealed by this Act. Statutes Amendment (SACAT No 2) Act 2017, Pt 8 37—Transitional provisions (1) A right to make an application under section 22, 25 or 34, or seek a review under section 50, of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Magistrates Court. (2) Nothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day. (3) In this section— principal Act means the Births, Deaths and Marriages Registration Act 1996; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal. Statutes Amendment (SACAT) Act 2019, Pt 4 34—Transitional provisions (1) A right to make an application to the Magistrates Court under section 29J or 29P, or appeal to the Magistrates Court under section 29S, of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Magistrates Court. (2) Nothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day. (3) In this section— principal Act means the Births, Deaths and Marriages Registration Act 1996; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal. Historical versions 1.7.2005

24.7.2006

1.2.2010

1.7.2010

26.11.2010

1.2.2014

1.6.2016

17.9.2016 (electronic only)

23.9.2016

23.5.2017

1.8.2017

30.4.2018

5.7.2018

22.10.2018

1.10.2019

1.5.2020

1.9.2020

1 Births, Deaths and Marriages Registration Act 1996

South Australia Births, Deaths and Marriages Registration Act 1996 An Act about the registration of births, deaths and marriages and related matters.

The Act rests on a small set of core statutory concepts that determine who can do what, and what is recorded.

Register and registrable event. The Register is the institutional record the Registrar must maintain of registrable events, which the Act defines broadly to include births, changes of name, changes of sex or gender identity, deaths, marriages, and the making or revocation of a surrogacy order (s4; s40). The Register may be a computer database or documentary form (s40(3)).
Registrar and Ministerial control. The Registrar is the statutory officer responsible for administration, subject to the Minister’s control and direction, and supported by deputy registrars and public service staff. The Registrar has general duties to establish and maintain registers and to administer the system efficiently, effectively and economically (ss5-7, 6(1)(a)-(c)).
Notification versus registration. The Act separates short notification obligations that trigger administrative action or subsequent registration, from formal registration of an event that creates the entry in the Register. For births, a responsible person must give notice within tight time limits (7 days after birth for a live birth, 48 hours for a still‑birth) and parents must lodge a birth registration statement that contains the particulars required by regulation (s12; s14). For deaths, doctors and funeral directors have notification duties with specified timeframes (ss36, 38). Registration itself is an entry by the Registrar including particulars required by regulation (ss17, 39, 32).
Parental particulars, donors and surrogacy. The Act integrates donor conception and surrogacy-related material into the registration system. A birth registration statement for donor conception must state that fact and include particulars of the donor if known, while the Act states that naming someone a donor on a registration is not an acknowledgement of parentage under other laws (s14(2)-(3)). Surrogacy orders notified under the Surrogacy Act must have their particulars registered, and the Act requires the Registrar to make related entries and to withhold disclosure of certain historical parentage or name changes in certificates, subject to narrow exceptions (s22A; s49A).
Changes of name and restricted persons. Changes of name are effected by registration under Part 4. The Act sets eligibility tests for adults and children, provides evidence and identity requirements, preserves the ability to change name by usage, and creates a special regime for “restricted persons”, which includes prisoners and others declared by regulation. Restricted persons must obtain written approval from a supervising authority before applying, and criminal penalties attach to non-compliance (ss23-29G).
Change of sex or gender identity (Part 4A). This Part allows adults born in South Australia to apply to change their registered sex or gender identity, subject to specifying a recognised category under regulation and providing material that demonstrates “sufficient amount of appropriate clinical treatment” via a medical practitioner or psychologist, or a designated certificate from another jurisdiction (ss29I, 29K, 29L). Children may apply only with Tribunal approval, which must consider best interests factors and clinical treatment, and may have to provide a designated certificate or prescribed notification (s29J). The Registrar must retain but not routinely disclose prior particulars, and there is a specific offence for producing an old certificate to deceive (ss29M, 29N). For residents born overseas, an identity acknowledgement certificate can be issued under ss29O-29R. The Act permits the Registrar to limit the number of applications (s29S) and provides that other laws should accept changed sex or gender identity (s29U).
Access, privacy and discretionary release. Access is governed by a discretionary standard of “adequate reason”, with the Registrar assessing nature of interest, sensitivity, intended use and privacy protection (ss43-45). The Registrar must publish access policies and can charge fees or remit them (ss47-49).
Enforcement and review. The Act creates criminal offences for false representation, unauthorised access or interference, falsification, and certain deceptive uses of documents, with fines and imprisonment in serious cases (ss51-53). Administrative decisions of the Registrar are reviewable by the South Australian Civil and Administrative Tribunal (SACAT) (s50).

These concepts structure the incentives for private actors, public officials and regulated populations. The Act delegates significant balancing judgments to administrative actors, particularly the Registrar, supervising authorities, and SACAT, and embeds evidence and disclosure rules for sensitive items such as donor conception and sex or gender identity.

The Act affects multiple distinct groups, each bearing specified obligations or facing constraints.

Parents and families. Parents are jointly responsible for having births registered and must both sign birth registration statements, subject to narrow exceptions where one parent cannot join (s15(1)). Parents also control the child's name on a birth registration statement, but name disputes may be referred to the Tribunal (ss21-22). Parents who wish to change a child’s name must meet eligibility rules, and for children under guardianship the Chief Executive may direct name changes (ss24-28, 25A).
Persons born in South Australia, and South Australian residents born overseas. Adults whose birth is registered in South Australia can apply to change their name (s24). Adults born in South Australia may apply to change their sex or gender identity where they show adequate clinical evidence (s29I). South Australian residents born overseas (with residency qualifications) can apply for an identity acknowledgement certificate for sex or gender identity under ss29O-29R.
Children and guardians. A child's change of name or change of sex or gender identity requires specific safeguards. A child’s change of name requires parental applications (or Tribunal approval), and for children under guardianship the Chief Executive may direct a name change after certain consultation steps (ss25-26, 25A). A child’s change of sex or gender identity requires Tribunal approval before an application can be made to the Registrar, and the Tribunal must assess best interests, capacity, clinical treatment and possible certificates from other jurisdictions (s29J).
Medical practitioners, psychologists and hospitals. Doctors and midwives have notification duties for births and doctors have duties for deaths, including supplying certified cause-of-death certificates in forms approved by the Registrar (ss12(5), 36(1)-(3)). Medical practitioners and psychologists provide the clinical statements required to support applications under Part 4A (s29K). Hospitals, or their chief executive officers, are the “responsible person” for notifying births that occur in hospital (s12(5)).
Funeral directors and persons arranging disposal. Funeral directors must notify particulars of disposal within 7 days, and must provide particulars within 28 days when remains are removed from the State. Failure to comply attracts penalties (s38).
Restricted persons and supervising authorities. The Act treats prisoners, parolees, persons under extended supervision orders, persons released on licence, and classes declared by regulation as “restricted persons” (s29B). Restricted persons must obtain written approval of a supervising authority before applying to change name, and penalties include fines or imprisonment up to 2 years for applying without approval; criminal sanctions apply to those who act on behalf of a restricted person without approval (ss29B, 29D-29F).
Registrar, Tribunal, Minister and courts. Administrative decisions about registration, correction and access sit with the Registrar. The Registrar acts subject to Ministerial direction (s5(1)), may delegate (s8), and may enter reciprocal arrangements with other registering authorities or States (s11). Courts and the Tribunal have powers to order registration or direct inclusion or correction, with SACAT able to review Registrar decisions (ss19-20, 34-35, 50). The Tribunal also has a gatekeeping and approval role in applications involving children under 18 for sex/gender changes and for certain name changes (s29J, s25).
Employers, agencies and other users of identity data. The Act requires other laws to accept a person’s changed sex or gender identity for statutory purposes where that law requires provision of sex, unless the instrument provides otherwise (s29U). The Registrar’s certificate is admissible in evidence (s46(2)). Access to extracts, and the inclusion or suppression of historical particulars, affect how other public and private agencies verify identity and eligibility.
Data custodians and IT providers. The Register may be wholly or partly a computer database (s40(3)). The Act permits the Registrar to enter into arrangements for data sharing and joint databases with other jurisdictions, and to authorise access and exchange of information despite other laws in particular circumstances (s11, s29G). Those arrangements implicate security, compliance and operational risk for any IT service providers and partner data custodians.

Each of these groups faces different compliance burdens. Hospitals, doctors and funeral directors will have repetitive, time-sensitive obligations with penalties for failure to notify. Parents face timing and evidentiary steps to establish parentage and name choices. Applicants for changes of sex or gender identity face medical evidence requirements and, for children, Tribunal scrutiny. Restricted persons confront an approval regime and significant criminal penalties for non-compliance.

The Act allocates duties, conditional rights and administrative discretions across events and actors. Below are the principal duties and rights, tied to statutory sections.

Duties to notify and register

Responsible persons must give written notice of births within short timeframes: within 7 days for live births, within 48 hours for still-births, and supply a doctor’s certificate for still-births (s12(1)-(4)). Maximum penalty specified: $1 250 (s12).
Doctors who were responsible for care before death, or who examine a deceased, must notify the Registrar within 48 hours with prescribed particulars, and provide a certificate of cause of death to the Registrar and the funeral director, subject to exceptions where another doctor or the coroner deals with notification (s36(1)-(3)). Maximum penalties apply (s36).
Funeral directors or other disposal arrangers must give particulars within 7 days after disposal, and provide additional statements for removals from State or if disposal has not occurred within 30 days (s38). Penalties apply (s38).

Rights to register and apply

A birth occurring in the State must be registered and the Registrar may register births in certain overseas or in‑transit circumstances, provided the event is not already registered elsewhere (s13).
Adults may apply to change their name where the birth is registered in the State or where residency criteria are met; the Registrar can waive residency in limited protective circumstances (s24).
Adults may apply to change their sex or gender identity if born in SA, specifying a sex/gender identity recognised by regulation and providing supporting material (s29I; s29K).
South Australian residents born overseas may apply for an identity acknowledgement certificate if residency and other conditions are met (ss29O-29Q).
Persons have judicial or tribunal routes to seek registration, inclusion or correction of entries, via the Magistrates Court historically and now via SACAT; Courts and the Tribunal can direct registration or correction (ss19-20, 34-35, 50).

Evidentiary rules and confidentiality

A certificate issued by the Registrar is admissible as evidence of entries and facts recorded (s46(2)).
For changes of sex or gender identity, the Registrar must retain historical particulars but must not allow access to or issue extracts showing prior sex or gender identity unless application is by the person, a child of the person, or a person/body prescribed by regulation; this is a strict confidentiality protection (s29M).
For surrogacy orders, the Registrar must restrict access to information that would disclose the making or revocation of a surrogacy order, except to parties to the surrogacy agreement or the person who is the subject of the surrogacy order aged 18 or over (s49A).

Administrative discretions

The Registrar may accept late registrations even if beyond the 60 day obligation for birth registration, but the obligation and penalty for failure to ensure registration remains (s16(1)-(2)).
The Registrar has broad discretion over access to the Register, to set conditions and to determine whether an applicant has an adequate reason (ss43-44). The Registrar must publish access policies (s47).
The Registrar may determine and publish limits on the number of applications under Part 4A and may reject applications where limits are exceeded, subject to review by the Tribunal (s29S).

Obligations attaching to restricted persons

Restricted persons must not apply for change of name without written approval of the supervising authority. There are criminal penalties of up to $10 000 or two years' imprisonment for contravention (s29D(1)-(2)). The supervising authority must consider safety, rehabilitation, whether the proposed change could further unlawful activity or hinder supervision, and must be satisfied the change is necessary or reasonable (s29E).

Offences and prohibitions

False or misleading representation in an application is an offence with a maximum penalty of $1 250 (s51).
Unauthorised access, alteration or interference with the Register is a serious offence with maximum penalty $10 000 or imprisonment for 2 years (s52).
Forgery or falsification of Registrar’s seal, signature or certificates has maximum penalties up to $10 000 or 2 years' imprisonment; the Registrar may impound suspect documents (s53).

Rights to review and court intervention

Administrative decisions are reviewable by the Tribunal under s50. Courts and the Tribunal may, on application, order registration or correction, and may direct registration in specified cases (ss19-20, 34-35).

Fees and remissions

Regulations may prescribe fees for access, searches and certificates, and allow bespoke fee-setting by negotiation (s48). The Registrar may remit fees in appropriate cases (s49).

Those duties and rights create behaviour incentives: regulated professionals must meet tight notification windows; applicants for sensitive changes must assemble medical evidence and in some cases obtain tribunal approvals; restricted persons require supervisory sign‑off; and the Registrar functions as gatekeeper on disclosure and access.

The Act attaches both administrative and criminal sanctions, and provides a set of enforcement tools that combine statutory penalties, evidentiary presumptions, impoundment powers and the ability to correct the Register.

Penalties specified in the text

Notification offences. Failure by the responsible person to give written notice of a birth within prescribed timeframes exposes the responsible person to a maximum penalty of $1 250 (s12(1)). Similar maximum penalties apply to failing to provide the required doctor's certificate for still‑births (s12(3)). Doctors who fail to notify deaths within 48 hours, or who notify when they should not, attract maximum penalties of $1 250 (s36(1)-(2)). Funeral directors who fail to give statements required by s38 face a maximum penalty of $1 250 for each prescribed failure (s38(1)-(3)).
False representation. Making a false or misleading representation, knowing it is false, in an application or document under the Act is an offence with a maximum penalty of $1 250 (s51).
Unauthorised access and interference. It is an offence to access the Register or information in it without authority, or to alter or delete an entry, or otherwise interfere with the Register; the maximum penalty is $10 000 or imprisonment for 2 years (s52).
Forgery and falsification. Forging the Registrar’s signature or seal, or forging or falsifying a certificate or other document under the Act, carries a maximum penalty of $10 000 or imprisonment for 2 years. The Registrar may impound documents suspected of being forged or falsified (s53).
Restricted persons. A restricted person must not apply (or a third person apply on their behalf) to change their name without written approval from the supervising authority, under penalty of $10 000 or 2 years' imprisonment. Conviction allows the court to declare a registered change of name void and requires correction of the Register (s29D(1)-(3)).
Use of old birth certificate to deceive. Producing a birth certificate that shows a person’s sex or gender identity prior to a registered change, with intent to deceive, is an offence carrying up to $10 000 or 2 years' imprisonment (s29N). The Act expressly excludes the defence that the document refers to the defendant (s29N(2)).

Enforcement mechanisms and evidentiary presumptions

Presumption of authenticity. Documents under the Registrar’s signature and seal, or a facsimile authorised by regulation, presented before a court or authority are to be presumed, in the absence of evidence to the contrary, to have been properly issued under the Registrar’s authority (s10(2)). That places evidentiary weight on Registrar-issued certificates.
Impoundment. The Registrar may impound documents believed to be forged or falsified, and may impound certificates where the Register entry has been corrected or cancelled since issue (s53(3)).
Inquiry and compulsion. The Registrar may conduct inquiries to determine whether registrable events occurred or were correctly recorded, and may require persons to answer specified questions or provide information. Failure to comply with a notice to provide information without reasonable excuse is an offence carrying a maximum penalty of $1 250 (s41).
Correction of the Register. The Registrar may correct entries to reflect inquiry findings or to conform entries to the most reliable information available, by adding, cancelling, altering or deleting entries (s42). This administrative power interacts with criminal penalties where falsified or unauthorised entries are detected.

Review and judicial oversight

Administrative decisions of the Registrar are reviewable by the Tribunal under s50. Courts and the Tribunal may order registrations and corrections under ss19-20 and ss34-35, respectively. When a certificate is issued before a coronial finding is complete, it must be endorsed as “Incomplete registration,Cause of death subject to coronial inquiry” (s37(4)).

Practical enforcement note

The scale of monetary penalties for most procedural breaches is moderate (commonly $1 250), but offences engaging unauthorised access, forgery, deception involving sex/gender certificates, or restricted persons’ evasion of supervisory approval attract much higher penalties and potential imprisonment up to two years (ss52, 53, 29N, 29D). The Registrar’s power to impound and correct, paired with presumption of authenticity in s10(2), creates both deterrence and administrative control over document validity.

Enforcement thus combines routine administrative penalties for notification lapses with serious criminal exposure for unauthorised interference, fraud or evasion of supervised regimes. The Tribunal and courts provide review and remedial pathways, while the Registrar retains investigatory and corrective powers.

The Act routinely cross-references, supplements and constrains operation with other South Australian or Commonwealth laws. The legislative text itself identifies specific interfaces and preserves interaction mechanics.

Marriage Act 1961 (Cth)

The Act depends on the Commonwealth Marriage Act for the form of marriage certificate and the conduct of marriages. A marriage may be registered by lodging the Commonwealth marriage certificate with the Registrar, and the authorised celebrant under the Marriage Act has responsibility for lodging the certificate (s31; note under s31). The Registrar’s registration of marriages complements Commonwealth solemnisation and celebrant duties.

Coroners Act 2003

The Act defers to coronial processes. A doctor must not give a notice of death where the State Coroner or a police officer is required to be notified under the Coroners Act (s36(2)). The State Coroner must notify the Registrar of coronial involvement and provide copies of disposal authorisations or findings; the Registrar may register a death notwithstanding inquest status but certificates issued prior to an inquest must be endorsed as incomplete if cause of death is uncertain (s37).

Assisted Reproductive Treatment Act 1988 and Donor Conception Register

The Act requires a birth registration statement to state whether a child was born as a result of donor conception and to include particulars of the donor if known, while clarifying that naming someone a donor in registration does not constitute an acknowledgement of parentage for family law purposes (s14(2)-(3)). Recent amendments recorded in the legislative history and inserted provisions relating to limited disclosure of donor details on birth certificates for persons under or over 18 years, contingent on access granted under the Assisted Reproductive Treatment Act’s donor conception register or written consent of donors and legal parents (s46(1a), (1b), (1c) as amended in 2024/2025 entries). That creates a direct operational link between this Act’s certificates and the donor-conception statutory regime.

Surrogacy Act 2019

The Surrogacy Act interlocks with registration obligations. Notices under s21 of the Surrogacy Act trigger registration of particulars by the Registrar and compel entries and alterations to give effect to surrogacy court orders. The Act also restricts disclosure in certificates about changes of parentage or name following surrogacy orders, with limited exceptions for parties and the subject once aged 18 (s22A; s49A).

Correctional and criminal supervision laws

The “restricted person” concept references persons under the Correctional Services Act 1982, parole or home detention, extended supervision orders (Criminal Law (High Risk Offenders) Act 2015), release on licence under the Sentencing Act 2017, and permits regulations to declare additional classes (s29B). Supervising authorities are officeholders tied to correctional administration. The supervising authority’s approval role for name changes and information exchange with the Registrar (s29E, s29G) creates an interface between corrections supervision and civil registration.

South Australian Civil and Administrative Tribunal Act 2013

The Tribunal is given review jurisdiction for Registrar decisions and applications under several provisions, following amendments moving jurisdiction from the Magistrates Court in stages (s50; transitional provisions in Statutes Amendment (SACAT No 2) Act 2017 and 2019 referenced in the legislative history). The Tribunal also has a gatekeeping role for minors’ applications under Part 4A (s29J) and for child name changes (s25(3)).

Children and Young People, Guardianship and related Acts

The Chief Executive under the Children and Young People (Safety) Act may direct name changes for children under guardianship in specified circumstances and is subject to review under that Act (s25A). The Act includes a saving provision that does not limit later name changes under state law (s25A(7)).

Privacy, data‑sharing and other statutory obligations

The Act permits arrangements for reciprocal administrative powers and data bases with authorities under corresponding laws (s11). It allows information exchange between the Registrar and supervising authority despite any other Act or law where an arrangement under s29G exists, creating a statutory override for specified data-sharing. The Registrar also has statutory duties to protect privacy in issuing extracts and to publish access policies, but those privacy duties coexist with express powers to exchange information where authorised (ss43-47, s29G).

Evidentiary interaction

Certificates under the Act are admissible in legal proceedings as evidence of the entry and facts recorded (s46(2)). This gives Registrar-issued documents practical effect in litigation, property and administrative contexts. Section 29U provides that a change of sex or gender identity or an identity acknowledgement certificate will be taken to satisfy requirements under other Acts or laws that ask for details of sex, where the person provides the changed details, unless an instrument provides otherwise.

Regulatory interaction

The Act contemplates significant matters to be settled by regulation, including offences and fees (s55). The Registrar may issue forms and approve certificate formats. Because many operational details are delegated to subordinate instruments, the Act’s interaction with other laws will be shaped by regulations and by the Registrar’s published policies (s47).

In short, the Act is an infrastructural statute that interfaces with coronial law, marriage law, assisted reproduction and surrogacy statutes, corrections supervision, tribunal processes and privacy/data-sharing mechanisms. Those interfaces create both procedural dependencies and potential points of operational tension, for example where coronial inquiries delay final causes of death, where donor-conception disclosure rules depend on another Act’s register, or where supervising authorities must balance rehabilitation and safety criteria against name change requests.

The Act has been amended repeatedly since its enactment in 1996. The legislative history in the text names specific amending Acts, commencement dates and the provisions altered. Below is a synthesis of major amendment strands and their practical effect, grounded in the legislative history supplied.

Foundational enactment

Births, Deaths and Marriages Registration Act 1996, No 6, assented 4 April 1996, commenced 3 June 1996 (Gazette 23.5.1996 p2534). That Act repealed the earlier Births, Deaths and Marriages Registration Act 1966 (repealed by the 1996 Act).

Key subsequent amendment themes

Coroners and death reporting: The Coroners Act 2003 and consequential amendments adjusted notification and coronial interaction provisions; relevant amendments commenced in stages from 2005 (see 2003/33 and commencement notes). Section 37 was substituted by the 2003 Schedule, and s36(2) later amended to reflect coronial reporting obligations.
Disposal of human remains: The Statutes Amendment (Disposal of Human Remains) Act 2006 made amendments affecting definitions and interactions with cremation and disposal laws, with parts commencing in 2006.
Surrogacy and parentage: The Statutes Amendment (Surrogacy) Act 2009 inserted surrogacy order provisions into the Act (Division 6 of Part 3, s22A), with later linkage to the Surrogacy Act 2019. Subsequent amendments in 2019 adjusted s22A and confirmed cross‑registrations for surrogacy orders (see 2019/31, commencement 1.9.2020).
Change of name reforms: The Births, Deaths and Marriages Registration (Change of Name) Amendment Act 2015 (No 27) re-wrote Parts of the change of name scheme, including eligibility and application processes, with commencement 1 June 2016.
Gender identity reforms: The Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016 inserted Part 4A, creating a statutory route to change recorded sex or gender identity and to issue identity acknowledgement certificates. That Act commenced 23 May 2017 and introduced protections around access to prior particulars and processes for children, adults and overseas-born residents.
Tribunal jurisdiction changes: Statutes Amendment (SACAT No 2) Act 2017 and later Statutes Amendment (SACAT) Act 2019 transferred and clarified jurisdiction from the Magistrates Court to the South Australian Civil and Administrative Tribunal for various review and application rights, with staged commencements in 2018 and 2019.
Children and guardianship adjustments: The Children's Protection Law Reform and related Acts (2017, etc.) inserted provisions allowing the Chief Executive under children’s legislation to direct name changes for children under guardianship, and conferred review mechanisms (s25A), commencing in 2018 and 2025 for later related Acts.
Donor conception and assisted reproduction: The 2024 Assisted Reproductive Treatment (Posthumous Use of Material and Donor Conception Register) Amendment Act amended definitions and disclosure rules, with consequential changes to s14 and s46 concerning the treatment of donor-identifying information on birth certificates for persons under and over 18, and to the definitions of donor and donor conception. Those changes commenced in 2025 as indicated in the history (Assisted Reproductive Treatment Amendment Act 2024, Sch 1 cll 1-4 commenced 26.2.2025).
Administrative and technical updates: A series of public sector consequential amendments, corrections and clarifications occurred through 2009-2019, including delegations, staffing definitions, the power to use electronic forms, and updates to definitions like "doctor" following adoption of the Health Practitioner Regulation National Law (2010).

Transitional provisions and savings

The Schedule includes transitional provisions preserving registers from the repealed Act and confirming continuity in officeholders (Schedule 1). The legislative history records transitional arrangements for tribunal jurisdiction changes that preserved pre‑existing rights but redirected future applications to SACAT (e.g. Statutes Amendment (SACAT No 2) Act 2017 and Statutes Amendment (SACAT) Act 2019 transitional clauses).

Practical consequences of amendments

The cumulative amendments have expanded the Register’s subject matter, introduced medical evidentiary requirements for gender identity recognition, created supervisory checks around name changes for prisoners and others, and added confidentiality protections for donor conception and surrogacy information. Several amendments shift administrative practice towards digital records and inter-jurisdictional data exchange. The legislative history shows ongoing tuning of the Act to contemporary policy issues covering surrogacy, assisted reproduction, gender identity, child protection and tribunal processes.

Readers should consult the legislative history for precise clause amendments, commencement dates and whether particular amendments are in force; the history lists each amending instrument and the specific sections varied. The Act’s framework reserves implementation detail to regulations and to the Registrar’s published policies, so practical compliance depends on subordinate instruments and Registrar practice in addition to the primary statute.

The statutory text and legislative history included do not record judicial decisions or reported cases applying the Act. The material provided contains no list of judicial authorities or case citations to ground any litigation analysis. Therefore the correct factual statement is that, based on the supplied text, there is no litigation history contained in the Act as provided.

What the Act does record about dispute resolution and review is procedural rather than judicial. It provides specific routes by which interested persons may seek orders:

The Magistrates Court (historically) and the South Australian Civil and Administrative Tribunal (SACAT) (post-amendment) may be applied to for orders to register births or deaths, and to include or correct registrable information (ss19-20, 34-35). The Act’s transitional provisions and subsequent amending Acts moved review and application functions from the Magistrates Court to SACAT for many matters (see Statutes Amendment (SACAT No 2) Act 2017 and Statutes Amendment (SACAT) Act 2019 in the legislative history).
Administrative decisions of the Registrar are reviewable by SACAT under s50, which creates a statutory administrative law pathway rather than invoking a particular case law chain in the Act text.

Because the Act confers admissibility on Registrar-issued certificates (s46(2)) and creates specific offences (ss51-53, 29N), litigation arising under the Act would most likely involve challenges to Registrar decisions, disputes about registrable particulars or criminal prosecutions for falsification or unauthorised interference. The Tribunal and courts have power to direct registration and correction, and the Registrar’s corrections and impoundment powers would be operationally significant in evidence disputes (ss42, 53). For precedent and procedural practice, practitioners must consult reported case law and SACAT decisions beyond the statute, none of which are quoted in the provided text.

If you need a search for reported decisions applying particular provisions, indicate the precise issue and I will outline a search strategy and likely search terms for SACAT, Magistrates Court and appellate decisions, and identify relevant databases to consult.

The Act contains multiple traps for the unwary, operational complexities, and discretionary provisions that create legal uncertainty or administrative risk. The following are concrete points to watch, tied to specific sections.

Tight notification windows, but separate registration deadlines

Notification obligations for births and deaths are short: hospitals or responsible persons must notify births within 7 days (48 hours for still-births) and doctors must notify deaths within 48 hours (s12(2); s36(1)). Parents have up to 60 days to lodge a birth registration statement (s16(1)). The penalties for failing to give notifications are explicit (s12; s36), and criminal or monetary penalties for incorrect or missing notifications can attach even where later registration is accepted (s16(2) provides Registrar must accept late registrations, but the statutory penalties do not automatically disappear).

Prohibited names and Registrar’s naming power

Parents choose a child’s name but the Registrar can assign a name if it is a “prohibited name” as defined (s21; definition in s4). The definition of “prohibited name” includes categorical and open-ended tests such as “contrary to the public interest for some other reason” (s4). That creates subjective risk for applicants who wish to register unconventional names.

Restricted persons regime with heavy criminal sanctions

Prisoners and other “restricted persons” must obtain supervising authority approval before applying for a change of name, and those who do not risk significant penalties including imprisonment (s29D). The supervising authority assesses safety, rehabilitation, whether the change could further unlawful activity or hinder supervision, and whether it is necessary or reasonable (s29E). Failing to secure proper approvals risks having the change declared void and the Register corrected by court order (s29D(3)).

Part 4A practical complexity and evidence requirements

Change of sex or gender identity requires proof of “a sufficient amount of appropriate clinical treatment” with the statutory caveat that counselling-only treatment is not sufficient unless it meets a prescribed period (s29H(3)). The Act leaves detail to regulation and to the Registrar’s interpretation. Applicants must therefore obtain statements from medical practitioners or psychologists certifying treatment (s29K), or supply designated certificates issued by other jurisdictions. For children, the Tribunal must approve applications and examine capacity, best interests, and clinical treatment (s29J). The Registrar may limit the number of applications per person (s29S). These provisions embed medical and tribunal gatekeeping that can vary by Registrar practice and regulation, creating uncertainty.

Confidentiality rules, but narrow access exceptions

The Registrar must keep historical particulars of sex or gender identity after a registered change, but must not disclose them except to the person, their child, or a person/body specified by regulation (s29M). That is a strong restriction, but access exceptions are narrow, so agencies or third parties seeking to validate historical identity for legitimate reasons may be blocked unless they fall within prescribed categories or obtain the person’s consent.

Offence for producing old certificates to deceive

Producing a birth certificate that shows a previous sex or gender identity, with intent to deceive, carries a maximum penalty of $10 000 or 2 years' imprisonment (s29N). The Act removes a common factual defence by specifying that it is not a defence that the document refers to the defendant (s29N(2)). Lawyers advising clients about using old certificates need to be conscious of criminal exposure.

Donor conception disclosure rules are conditional and age-sensitive

Recent amendments require nuanced treatment of donor-identifying information on birth certificates, with different rules for persons under and over 18, requiring access to the donor conception register or written consents to disclose donor particulars on certificates (s46(1a)-(1c) as amended in 2024/2025). This creates a compliance burden for Registrar staff and complexity for parents wanting donor details disclosed on certificates.

Registrar discretion on access and the “adequate reason” test

Access to the Register depends on the Registrar finding an “adequate reason” and on weighing the nature of the applicant’s interest, sensitivity of the information and other factors (ss43-44). That creates case-by-case uncertainty on who can obtain extracts. The Registrar must publish access policies (s47), but until one has the published policy and its operational application, applicants face unpredictability.

Inter-jurisdictional registration and reciprocal arrangements

The Registrar may enter reciprocal administrative arrangements with other States and corresponding laws to exercise each other’s powers and to establish joint databases (s11). While this enables seamless cross-border recognition, it also introduces governance, cost allocation and data security questions, especially where different jurisdictions have differing disclosure rules or definitions.

Data security and unauthorised access offence scope

The offence in s52 is broad, covering obtaining access to the Register, making, altering, deleting entries, or otherwise interfering. It carries substantial maximum penalties. If the Register is maintained in computer database form (s40(3)), operational security lapses could have both administrative and criminal consequences.

Tribunal and court pathways changed over time

The Tribunal replaced some court functions in a staged way; transitional provisions affect where applications should be lodged and which review route applies (legislative history and transitional clauses). Practitioners must confirm current jurisdictional practice and commencement dates to choose the correct forum.

Administrative burden and fees

Regulations may set fees and allow negotiation for fees for services, with the Registrar empowered to remit fees in “appropriate cases” (ss48-49). Fee negotiation and remission are operational levers that may affect access to certificates especially for commercial users or agencies.

Each of these points is a concrete operational or legal risk area. They arise from the statute itself rather than external commentary, and practitioners should map these “gotchas” onto the Registrar’s current published policies and the active regulatory instruments to advise clients or to design compliance processes.

Practical compliance under this Act depends on which actor you represent. Below are step-by-step checklists and practical notes, tied to statutory sections, for the most commonly affected actors: parents, hospitals and clinicians, funeral directors, applicants for changes of name or sex/gender identity, restricted persons and supervising authorities, and agencies seeking access.

Parents (birth registrations)

Notify within statutory window: Ensure the responsible person provides written notice of birth to the Registrar within 7 days for live births and within 48 hours for still‑births (s12(2)). Hospitals or the hospital chief executive will be the responsible person where the child is born in or brought to hospital within 24 hours (s12(5)).
Lodge birth registration statement: Lodge the birth registration statement in a Registrar-approved form, including particulars required by regulation, within 60 days to avoid contraventions (s14(1); s16(1)). Both parents should sign the statement unless the Registrar accepts single-parent signing under s15(1).
Prepare supporting documents: Be ready to provide identity evidence and other material the Registrar may require when registering or altering parentage (s18(3) and s27(1)).
Donor conception: If donor conception applies, include the fact and available donor particulars on the birth registration statement, noting that such entries do not change legal parentage for other laws (s14(2)-(3)).
Name selection: Choose names avoiding “prohibited name” features; consult the Registrar’s guidance to avoid assignment of a name by the Registrar under s21.

Hospitals, doctors, midwives (notification and certificates)

Birth and death notification: Implement administrative workflows to notify the Registrar within statutory periods (birth responsible person s12; doctor for deaths s36). Ensure the correct forms and the Registrar-approved doctor’s certificate format are used for still-births and deaths (s12(3), s36(3)).
Coronial triggers: If a death is reportable to the coroner, do not duplicate notification where the coronial process mandates it; follow Coroners Act requirements and notify the Registrar when the State Coroner informs of the case (s36(2), s37).
Medical certificates for Part 4A: When asked to provide statements to support applications under Part 4A, ensure the statement verifies that a person has undertaken a “sufficient amount of appropriate clinical treatment” and is in the form the Registrar requires; be alert to local guidance on what constitutes sufficient treatment and prescribed counselling periods (s29K; s29H(3)).

Funeral directors and disposers

Provide timely statements: Give written statements to the Registrar within 7 days after disposal setting out required particulars, and provide further statements if remains are removed from the State within 28 days (s38(1)-(2)). If remains are not disposed of within 30 days, supply an interim statement (s38(3)).
Maintain records: Keep copies of disposal and transport records to supply the Registrar upon request, and be aware of penalties for failures (s38).

Applicants for change of name (adults and children)

Check eligibility: For adults, confirm the birth is registered in the State or satisfy residency conditions (s24(1)). For children, ensure parent(s) or guardian capacity to apply, and where a child is under guardianship, follow Chief Executive direction procedures if relevant (s25; s25A).
Evidence and identity: Be prepared to provide identity and age evidence, statutory declarations and other documentation the Registrar may require to establish that the change is not for fraudulent purpose (s27(1)(a)-(b)). For children, obtain the child’s consent or demonstrate inability to understand where required (s26, s27(1)(c)).
Restricted persons: If the applicant is a restricted person, obtain written approval of the supervising authority before applying. Keep the written approval in the application package (s29D-29F).
Avoid prohibited names: The Registrar may refuse to register names that would be prohibited after change (s27(3)). Consult s4 definition and Registrar guidance.

Applicants for change of sex or gender identity (Part 4A)

Determine correct pathway: If born in South Australia, apply under ss29I-29L; if born outside Australia but resident and not registered elsewhere, consider identity acknowledgement certificates ss29O-29R.
Clinical evidence: Obtain a statement from a medical practitioner or psychologist certifying a “sufficient amount of appropriate clinical treatment” as required by s29K. For counselling-only treatment, confirm the prescribed minimum period if counselling is relied upon (s29H(3)).
Children’s applications: For applicants under 18, obtain Tribunal approval before lodging with the Registrar. Prepare evidence of the child’s capacity, best interests and clinical treatment, and consider consulting counsel or expert evidence early (s29J).
Recognised certificates: If relying on a designated certificate from another jurisdiction or a prescribed notification, supply the certificate and corroborating medical practitioner/psychologist statement as required by s29K(1)(b).
Preserve confidentiality expectations: Inform clients that the Registrar retains but restricts access to historic particulars and that producing old certificates to deceive is a criminal offence (ss29M-29N).

Supervising authorities and restricted persons

Approval workflow: Supervising authorities should establish an approval process that documents consideration of safety, rehabilitation, risk of evasion, and whether the name change is necessary or reasonable, as required by s29E. Provide written notice promptly to the applicant and the Registrar upon approval (s29E(4)).
Information exchange arrangements: If desired, negotiate and enter arrangements with the Registrar to exchange information under s29G, ensuring legal compliance and security safeguards. The Act permits these arrangements to operate despite other laws (s29G(2)).

Organisations seeking access to Register data

Prepare adequate reason justification: When applying to search or extract information from the Register, draft a clear statement of “adequate reason” addressing the nature of your interest, the sensitivity of the information, intended use, and any steps to protect privacy. The Registrar will weigh those factors (ss43-44).
Anticipate conditions and fees: Expect the Registrar to impose conditions on access, to charge fees or negotiate fees under regulations, and to require proof of identity or authority. Request fee remissions where appropriate per s49.
Special cases: If seeking historical particulars relating to sex/gender changes, verify whether you fall within the narrow classes permitted by s29M; otherwise obtain consent from the person concerned.

General administrative compliance

Use Registrar-approved forms: Always use forms and certificates approved by the Registrar and keep copies of filings and correspondence.
Policies and regulations: Review the Registrar’s published access policies under s47, and monitor regulations made under s55 for prescribed particulars, fees and possible declared classes.
Data security: For any entity maintaining or receiving Register information under an arrangement (s11, s29G), implement appropriate data security, retention, access logging and breach response processes given the criminal penalties for unauthorised access or interference (s52).
Appeals and review: If the Registrar refuses an application or imposes limiting conditions, consider review rights to SACAT under s50, and bear in mind statutory time limits on review applications where provided (s29S(4)).

Record-keeping and organisational practices

Maintain checklists: Hospitals, funeral directors and registrants should maintain checklists keyed to statutory timeframes and documentation needs to avoid inadvertent breaches.
Train staff: Ensure staff understand reporting triggers, coronial exceptions, and how to complete Registrar-approved certificates to avoid exposing the organisation to penalties.
Legal advice: For complex matters such as surrogacy orders, disputed parentage, change of sex/gender identity for minors, or restricted persons, obtain early legal advice and where necessary involve the Tribunal or courts as contemplated by the Act.

Following these compliance steps will reduce exposure to statutory penalties, avoid delays in registration and align practice with the Act’s procedural design. Where the Act leaves discretion with the Registrar or requires Tribunal approval, plan for additional time, evidentiary preparation and potential briefing of counsel.

Births, Deaths and Marriages Registration Act 1996

Plain English Summary

Deep Dive

What it does

Current sections

Births, Deaths and Marriages Registration Act 1996

Source text: opening excerpt

1 Births, Deaths and Marriages Registration Act 1996

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply