Civil registration in Australia

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New South Wales Registry of Births Deaths and Marriages NSW Registry of Births Deaths and Marriages.jpg
New South Wales Registry of Births Deaths and Marriages

Civil registration in Australia of births, deaths and marriages as well other life events (such as changes of name, registration of relationships, adoption or surrogacy arrangements, changes of sex) is carried out and maintained by each state and territory in Australia, in an office called a Registry of Births, Deaths and Marriages. It is compulsory in each jurisdiction, though the procedures and information recorded varies between jurisdictions. Access to information on the register is restricted by period or relationship, and is usually provided at a fee (which may be waived) in the form of certificates. Nowadays, certificates can also be ordered online, and will be posted to the applicant, often with some delay.

Contents

History

Before the commencement of civil registration in each colony, records of baptisms, marriages and burials were kept by individual churches. Because early civil registration often involved the churches, it is sometimes difficult to distinguish whether early records are civil or church records.

Centralised compulsory civil registration was introduced in the Australian colonies in the 19th century, as follows: Tasmania in 1838, Western Australia in 1841, [1] [2] South Australia in 1842, Victoria in 1853, [3] Queensland in 1856, [4] New South Wales in 1856, Northern Territory in 1870, and Australian Capital Territory in 1911. Civil registration was carried out by government employees independent of the churches.

Current legislation

Victoria — Births, Deaths and Marriages Registration Act 1996.

Name of government registry offices

Today, the names of government registry offices are generally titled "Registry of Births Deaths and Marriages" or similar. [5]

In Victoria, the Registry of Births, Deaths and Marriages maintains records of all births, deaths, marriages, stillbirths, adoptions, legitimations and instruments of paternity which have occurred in Victoria since 1853. It now also has responsibility for the early church records from 1837 to 1853 which are the only source of births and deaths information for that period.

Registration of births

Births in Australia are required to be registered in the state or territory in which the birth takes place. If a baby is born in a hospital, the hospital will prepare a "Birth Registration Statement" or similar, which is signed by an appropriately licensed and authorized health professional, and forwards the statement to the appropriate state or territory registry office. If the baby is born at home, a statement is required from a registered midwife, doctor or two other witnesses other than the parent(s). Some states require a baby of an unplanned birth to be taken to a hospital within 24 hours. [6] Some states also require still-births to be registered in the same way as regular births.

Birth certificates

An Australian Capital Territory birth certificate. Birth certificate - Australian Capital Territory.jpg
An Australian Capital Territory birth certificate.

Once registered, a separate application (which sometimes can be done along with the Birth Registration Statement) can be made for an official birth certificate, generally at a fee. The person(s) named or the parent(s) can apply for a certificate at any time. [7] Generally, there is no restriction on re-applying for a certificate at a later date, so it could be possible to legally hold multiple original copies.

The state or territory issued birth certificate is a secure A4 paper document, generally listing: Full name at birth, sex at birth, parent(s) and occupation(s), older sibling(s), address(es), date and place of birth, name of the registrar, date of registration, date of issue of certificate, a registration number, with the signature of the registrar and seal of the registry printed and/or embossed.

Most states allow for stillbirths to be issued a birth certificate. Some states issue early pregnancy loss certificates (without legal significance if before 20 weeks). [8] Depending on the state or territory, amendments on the certificate are allowed to correct an entry, add ascendant, recognize same-sex relationship, [9] and changing the sex of the holder is possible in all states and territories. [10]

The full birth certificate in Australia is an officially recognized identity document generally in the highest category. [11] The birth certificate assists in establishing citizenship. Shorter and/or commemorative birth certificates are available; however, they are not generally acceptable for identification purposes. [12]

Federal government requirements

The federal government requires that births be also registered through a "Proof of Birth Declaration" similarly signed as above by a doctor or midwife. The declaration is required to enable appropriate government benefits to be paid, and for the child to be enrolled with Medicare. This proof of birth can be submitted online or at a government office. [13]

Birth certificates in Australia can be verified online by approved agencies through the Attorney-General's Department's Document Verification Service [14] and can be used to validate identity digitally, e.g. online.

Under the Australian government’s 100 point check system, birth certificates are worth 70 points.

Registration of deaths

Medical practitioners are required to complete and lodge a medical certificate of cause of death. [15] In Victoria, a doctor must notify the registrar within 48 hours of a death if the doctor was responsible for the person's medical care immediately before death or examined the deceased person's body after death. “Reportable” and “reviewable” deaths will normally need to be reported to the coroner or police. [16]

The doctor must also give a copy of the certificate of cause of death to the funeral director, who needs to sign it before a funeral or cremation. [17] Funeral directors will also need some personal information about the deceased, such as birth details, death and burial, family members and home address and occupation. The next of kin (eg., the current spouse, parent or child of the deceased) may need to get a birth and marriage certificate for the information. The funeral director will register the death at the registry office within seven days (though this varies from state to state) of the funeral or cremation, and can at the same time apply for an official death certificate on behalf of the next of kin. Family members can apply for a death certificate at any time, but it may take several weeks before a death certificate is produced.

The official death certificate is normally needed for legal and financial purposes, such as accessing pension benefits, claiming life insurance or selling assets. They are also needed if an application for probate or administration is required. The state registrars are required to advise the Australian Electoral Commission of the death of a person, to enable the AEC to remove the deceased from the electoral rolls.

Registration of marriages

Though marriage in Australia is regulated under federal law, the registration of marriages takes place in the registry office in the state or territory in which the marriage took place. [18]

Under federal law, a celebrant issues a certificate at the time of marriage, which is forwarded to the state or territory registry. A similar (sometimes cut-down) document is often given to the couple on the day of the marriage, and is generally handwritten. While legally valid as proof of marriage, it is not generally acceptable as an official document.

Since 2018, Australian federal law has recognised same-sex marriages. [19] These marriages are registrable and documented in the conventional way.

Marriage certificates

Marriage certificates are issued by the registry in which the marriage is recorded, and need to be applied for separately for a fee, generally some time after the marriage. States and territories sometimes market commemorative marriage certificates, which generally have no official document status. [20]

State and territory issued certificates are on A4 paper and provide: Date and place of marriage, full names, occupations, addresses, marital status (never validly married, divorced, widow/er), birth date & place, age, father's name, mother's maiden name of each the couple, the celebrant, witness names (generally two), the registrar official of the state or territory authority, and the date of registration. The registrar's signature and seal is printed/embossed on the certificate along with a number, and date of issue of the certificate.

Marriage certificates are not generally used in Australia, but are considered acceptable and secure secondary identity documents. They may be used to prove change of name, and are required to be produced as proof of marital status in a divorce hearing. Some visa categories require a certificate (where a partner is to be associated with a primary applicant); [21] however, there are similar categories of partner visas that do not require production of a marriage certificate. [22]

Marriage certificates can be verified electronically by the Attorney-General's Department's Document Verification Service. [23]

See also

Related Research Articles

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References

  1. ↑ / Births, deaths and marriages registration (WA)
  2. ↑ "Indexes History". 15 August 2017. Retrieved 23 September 2017.
  3. ↑ Victoria, corporateName: Public Record Office. "Access the Collection - Public Record Office Victoria (PROV)". Access.prov.vic.gov.au. Retrieved 12 July 2018.
  4. ↑ Registry of Births, Deaths and Marriages - Queensland Archived 2011-11-22 at the Wayback Machine
  5. ↑ "Births, deaths and marriages registries". australia.gov.au. Retrieved 27 January 2019.
  6. ↑ "Births". Bdm.nsw.gov.au. Archived from the original on 28 February 2019. Retrieved 27 January 2019.
  7. ↑ "Birth certificate". Bdm.nsw.gov.au. 8 October 2018. Retrieved 27 January 2019.
  8. ↑ "Stillbirths & early pregnancy loss". Archived from the original on 10 March 2017. Retrieved 4 April 2017.
  9. ↑ "Amend birth certificate". Archived from the original on 10 March 2017. Retrieved 4 April 2017.
  10. ↑ "Changing Sex on ID - Factsheet" (PDF). Archived (PDF) from the original on 1 March 2020.
  11. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 4 April 2017. Retrieved 4 April 2017.{{cite web}}: CS1 maint: archived copy as title (link)
  12. ↑ NSW Registry of Births, Deaths and Marriages (4 April 2023). "NSW Registry of Births Deaths & Marriages". NSW Government.
  13. ↑ "Proof of birth or adoption". Services Australia. Retrieved 25 November 2020.
  14. ↑ "About DVS". Dvs.gov.au. 15 May 2018. Retrieved 27 January 2019.
  15. ↑ Births Deaths and Marriages Victoria, Department of Justice and Regulation. "Register a death". www.bdm.vic.gov.au.
  16. ↑ Coroners Act 2008 (Vic)
  17. ↑ Cemeteries and Crematoria Act 2003 (Vic)
  18. ↑ Agency, Digital Transformation. "Births, deaths and marriages registries – australia.gov.au". Australia.gov.au. Retrieved 21 May 2018.
  19. ↑ "Marriage Act". Federal Register of Legislation. 9 December 2017. Refer to Part 1 (Subsection 8) of the Act
  20. ↑ "Marriage certificate". Bdm.nsw.gov.au. Retrieved 21 May 2018.
  21. ↑ "Prospective Marriage visa (Subclass 300)". Archived from the original on 7 April 2017. Retrieved 7 April 2017.
  22. ↑ "Partner visa (subclasses 820 and 801)". Border.gov.au. Retrieved 21 May 2018.
  23. ↑ "Document Verification Service | Attorney-General's Department". Archived from the original on 21 March 2017. Retrieved 7 April 2017.
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