Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 14

14 Re-registering a relevant event

(1) This section applies if—

(a) a person’s birth was registered in Queensland; or

(b) a person’s adoption was registered under the Adoption of Children Act 1964 or this Act; or

(c) a person’s parentage is changed by a parentage order; or

(d) a person’s parentage is changed by a cultural recognition order and registered under this Act.

(2) The registrar must re-register a person’s relevant event when the reassignment of the person’s sex is noted under this Act.

(3) The registrar may re-register a person’s relevant event if—

(a) the registrar decides that, because of the number of notes on the entry, it would be desirable to re-register the relevant event; or

(b) the registrar receives an application, in the approved form, to re-register the person’s relevant event after a change of the person’s name has been noted under this Act.

(4) An application to re-register a person’s relevant event may only be made by—

(a) if the person is an adult—the person; or

(b) if the person is a minor—a parent or guardian of the person.

(5) The registrar re-registers a person’s relevant event by—

(a) duplicating the information in the entry for the person’s relevant event (the
"closed entry" ) in a new entry in the relevant child register, other than information that has been superseded, and without indicating what information has been superseded; and

Example—

If the registrar is re-registering a birth consequent on the change of a person’s surname from Smith to Jones, the information in the new entry would be the same as in the old entry except that the person’s surname would appear as Jones.

(b) noting on the closed entry—

(i) that the relevant event has been re-registered; and

(ii) a reference to the new entry; and

(c) noting on the new entry—

(i) that the new entry was made under this section; and

(ii) a reference to the closed entry.

(6) A certificate issued by the registrar from the new entry—

(a) if the person’s sex has been reassigned under this Act—

(i) must show the person’s reassigned sex; and

(ii) must not include a statement or other clear indication to the effect that a reassignment of the person’s sex has been noted in the register; or

(b) if the person’s name has been changed under this Act—must not show the person’s name that was in the closed entry before a change of name was noted in the closed entry.

(7) The registrar may issue a certificate from the closed entry.

(8) However, if the closed entry relates to a person whose sex has been reassigned, the registrar may issue a certificate to only the following persons—

(a) the person;

(b) a child of the person;

(c) a parent of the person, if the person is a child;

(d) a person prescribed under a regulation.

(9) Subsection (8) is subject to the Adoption Act 2009 , section 290 .

(10) In this section—

"relevant event" , for a person, means the most recent of the following events for the person—

(a) birth;

(b) adoption;

(c) change of parentage under a parentage order;

(d) change of parentage under a cultural recognition order.