Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023

- As at 23 June 2023
- Act 17 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Definitions

   PART 2 - BIRTHS

   5.      Notification of birth
   6.      Births that must be registered in Queensland
   7.      Births that may be registered in Queensland
   8.      Responsibility to apply to have birth registered
   9.      How to apply to register the birth of a child
   10.     How births are registered
   11.     Registration of parentage details
   12.     How parentage details may be registered
   13.     Court order relating to birth register
   14.     Child’s name
   15.     Application to change child’s first name within a year of birth
   16.     Magistrates Court may approve change of child’s first name

   PART 3 - ADOPTIONS AND TRANSFERS OF PARENTAGE

           Division 1 - Preliminary

   17.     Definitions for part

           Division 2 - Registrar receives initial notice or initial order

   18.     Application of division
   19.     Registering event in relevant parentage register

           Division 3 - Registrar receives discharge notice or discharge order

   20.     Application of division
   21.     Re-registering birth

           Division 4 - Other provisions

   22.     Sending notice of particular adoption orders and discharges to other States
   23.     Addendum to birth certificate

   PART 4 - CHANGE OF NAME

           Division 1 - Preliminary

   24.     Definitions for part
   25.     Change of name by registration

           Division 2 - Change of adult person’s name

   26.     Application to register change of adult person’s name
   27.     Limit on number of name changes for adult person

           Division 3 - Change of eligible child’s name

   28.     Meaning of eligible child
   29.     Application by parents and others to register change of eligible child’s name
   30.     Magistrates Court may approve change of eligible child’s name
   31.     Eligible child’s consent to change of name
   32.     Limit on number of name changes for child

           Division 4 - General

   33.     Registration of change of name
   34.     How changes of name are registered
   35.     Notation of change of name other than by registration
   36.     Re-registration of relevant event after change of name registered or noted

   PART 5 - ACKNOWLEDGEMENT OF SEX

           Division 1 - Interpretation

   37.     Definitions for part

           Division 2 - Persons whose birth or adoption is registered in Queensland

              Subdivision 1 - Preliminary

   38.     Application of division

              Subdivision 2 - Applications to registrar

   39.     Application to alter record of sex of person 16 years or more in relevant child register
   40.     Application to alter record of sex of child under 16 years in relevant child register
   41.     Form of application to alter record of sex of child under 16 years
   42.     Application to register change of child’s first name at the same time
   43.     Action by registrar

              Subdivision 3 - Applications to Childrens Court

   44.     Application to Childrens Court by parent or other person
   45.     Application to Childrens Court by child
   46.     Dispensing with service of application

              Subdivision 4 - Effect of alteration of record of sex

   47.     Effect of alteration of record of sex of person in relevant child register

           Division 3 - Queensland residents born elsewhere

              Subdivision 1 - Preliminary

   48.     Application of division
   49.     Meaning of recognised details certificate

              Subdivision 2 - Applications to registrar

   50.     Application for recognised details certificate for person 16 years or more
   51.     Application for recognised details certificate for child under 16 years
   52.     Form of application for recognised details certificate for child under 16 years
   53.     Application to register change of child’s first name at the same time
   54.     Action by registrar

              Subdivision 3 - Applications to Childrens Court

   55.     Application to Childrens Court by parent or other person
   56.     Application to Childrens Court by child
   57.     Dispensing with service of application

              Subdivision 4 - Effect of certificate

   58.     Effect of recognised details certificate

              Subdivision 5 - Cancellation of certificate

   59.     Cancellation of recognised details certificate

           Division 4 - Dispensation orders

   60.     Application of division
   61.     Definitions for division
   62.     Application for dispensation order
   63.     Notice of application
   64.     Respondent
   65.     Hearing of application in absence of stated party
   66.     Court may make dispensation order
   67.     Effect of dispensation order

           Division 5 - Court proceedings

              Subdivision 1 - Proceedings of Childrens Court

   68.     Application of subdivision
   69.     Court’s jurisdiction and constitution
   70.     Court’s paramount consideration
   71.     Parties to proceedings
   72.     Representation
   73.     Court to ensure parties understand proceeding
   74.     Evidence
   75.     Child cannot be compelled to give evidence
   76.     Way child is to be heard in proceeding

              Subdivision 2 - Appeals

   77.     Definition for subdivision
   78.     Who may appeal
   79.     How to start appeal
   80.     Stay of operation of decisions
   81.     Hearing procedures
   82.     Powers of appellate court

              Subdivision 3 - General

   83.     Court hearings not public

   PART 6 - MARRIAGES

   84.     Marriages that are registrable
   85.     How marriages are registered

   PART 7 - CIVIL PARTNERSHIPS

   86.     Registration of civil partnership
   87.     Declaration of civil partnership before civil partnership notary other than registrar

   PART 8 - DEATHS

   88.     Definition for part
   89.     Deaths that must be registered in Queensland
   90.     Deaths that may be registered in Queensland
   91.     Responsibility to apply to have death registered
   92.     How to apply to register the death of a person
   93.     How deaths are registered
   94.     Cause of death certificate
   95.     Court order relating to registration of death
   96.     School of anatomy to notify registrar
   97.     Notifying about disposal, removal or failure to dispose of a deceased person’s body
   98.     Stillbirths

   PART 9 - ADMINISTRATION

           Division 1 - The registrar

   99.     The registrar
   100.    Staff
   101.    Delegation
   102.    Executing documents
   103.    Reciprocal administrative arrangements

           Division 2 - The registers

   104.    The registers
   105.    Registrar may collect and maintain other information
   106.    Re-registering events having regard to number of notes
   107.    Correcting the register
   108.    Inquiry to ensure register correct

           Division 3 - Obtaining information and certificates from registrar

   109.    Adequate reason
   110.    Obtaining requested information from registrar
   111.    Restrictions on access to requested information about particular life events
   112.    Obtaining certificates from registrar
   113.    Obtaining information about sex of person from registrar
   114.    Additional services
   115.    Information policies
   116.    Protection of privacy

           Division 4 - Other provisions

   117.    Control of records
   118.    Registrar may enter into arrangement
   119.    Registrar to give notice of registration of child’s death to family and child commissioner
   120.    Registrar may enter into arrangement with family and child commissioner
   121.    Registrar may enter into arrangement with health ombudsman
   122.    Arrangement for giving information about persons for particular purposes under Adoption Act 2009
   123.    Registrar to inform chief executive (corrective services) of particular applications

   PART 10 - GENERAL

   124.    Reviewing registrar’s decisions
   125.    False or misleading representation
   126.    Unauthorised access to or interference with register
   127.    Registered overseas child orders
   128.    Effect of interstate recognition certificate stating sex or gender of person
   129.    Proceedings for offences
   130.    False certificates
   131.    Regulation-making power

   PART 11 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   132.    Act repealed

           Division 2 - Transitional provisions

   133.    Definitions for division
   134.    Certificates and other documents
   135.    Registers
   136.    Registrar
   137.    Continued application of 2003 Act
   138.    Application of s 9 to births before commencement
   139.    Existing applications under former s 17
   140.    Entries closed under 2003 Act
   141.    Application of s 27
   142.    Reassignment of sex noted under former s 22

   PART 12 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   143.    Act amended
   144.    Amendment of long title

           Division 2 - Amendment of Adoption Act 2009

   145.    Act amended
   146.    Amendment of s 250 (References to birth parent—who is a biological father)
   147.    Amendment of s 274 (Persons making contact statements presumed to be living)
   148.    Amendment of s 288 (Definitions for pt 12)
   149.    Amendment of s 290 (Entitlement to certificate, information or source document relating to particular entries)
   150.    Amendment of sch 3 (Dictionary)

           Division 3 - Amendment of Anti-Discrimination Act 1991

   151.    Act amended
   152.    Amendment of s 7 (Discrimination on the basis of certain attributes prohibited)
   153.    Omission of s 28 (Work with children)
   154.    Amendment of s 124A (Vilification on grounds of race, religion, sexuality or gender identity unlawful)
   155.    Amendment of s 131A (Offence of serious racial, religious, sexuality or gender identity vilification)
   156.    Amendment of s 134 (Who may complain)
   157.    Amendment of sch 1 (Dictionary)

           Division 4 - Amendment of Coroners Act 2003

   158.    Act amended
   159.    Amendment of s 24A (Autopsy certificate)
   160.    Amendment of s 95 (Authorising burial of body etc.)
   161.    Amendment of s 97 (Notifying registrar when body is released and investigation ends)
   162.    Amendment of sch 2 (Dictionary)

           Division 5 - Amendment of Corrective Services Act 2006

   163.    Act amended
   164.    Amendment of s 25 (Registration of birth)
   165.    Amendment of s 27 (Change of name)
   166.    Insertion of new ss 27AA and 27AB
   167.    Insertion of new s 341A

           Division 6 - Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003

   168.    Act amended
   169.    Amendment of s 16C (Criteria for giving directions)
   170.    Amendment of s 43AB (Applying for change of name without permission)
   171.    Insertion of new s 43ABA
   172.    Amendment of sch 1 (Dictionary)

           Division 7 - Amendment of Guardianship and Administration Act 2000

   173.    Act amended
   174.    Amendment of s 26 (Automatic revocation)
   175.    Amendment of sch 2, s 3 (Special personal matter)

           Division 8 - Amendment of Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020

   176.    Act amended
   177.    Amendment of s 64 (Entitlement to certificate, information relating to particular entries)
   178.    Amendment of s 68 (Public trustee to make inquiries if bequest to unlocatable person)
   179.    Amendment of sch 1 (Dictionary)

           Division 9 - Amendment of Powers of Attorney Act 1998

   180.    Act amended
   181.    Amendment of sch 2, s 3 (Special personal matter)

           Division 10 - Minor and consequential amendments

   182.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3