Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 107

107 Correcting the register

(1) The registrar must correct a register—

(a) on the order of a Queensland court or QCAT; or

(b) on the application of the chief executive (corrective services) under—

(i) the Corrective Services Act 2006 , section 27 (4) or 27AA(4); or

(ii) the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 43AB (4) or 43ABA(4) ; or

(c) on the application of the police commissioner under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 74A (5) ; or

(d) subject to section 104 (4) , to reflect a coroner’s findings if the findings differ from the information entered on a register.

(2) The registrar may correct a register—

(a) on application by a person—

(i) to reflect the order of a non-Queensland court; or

(ii) to ensure the particulars in an entry about a registrable event conform with the most reliable information about the registrable event that is available to the registrar; or

(b) to reflect a finding made on inquiry under section 108 ; or

(c) on the registrar’s own initiative.

(3) An application made under subsection (2) (a) must be—

(a) in the form required by the registrar and made in an approved way; and

(b) accompanied by the fee prescribed by regulation.

(4) For subsection (2) (a) (ii) , the most reliable information about a registrable event may differ from the information that was previously entered on the register in relation to that event, although the information previously entered was correct at the time of its entry.

Example—

The particulars of the birth entry about the birth of A state that A’s mother is B. Subsequent to the registration of A’s birth, the registrar alters the record of B’s sex to male under part 5 . The registrar may correct the birth entry for A’s birth to state that B is A’s father.

(5) Subject to subsections (7) and (8) , the registrar may correct a register—

(a) by adding, or cancelling, an entry in the register; or

(b) by adding, amending or deleting particulars in an entry in the register; or

(c) by re-registering a person’s relevant event.

(6) For subsection (5) (c) , the registrar re-registers a person’s relevant event by—

(a) making a new entry in the register that includes—

(i) all the information that was in the entry for the event (the
"closed entry" ) in a new entry in the register, other than information that is to be corrected; and

(ii) a note that the new entry was made under this section; and

(b) noting on the closed entry—

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

(ii) a reference to the new entry made under paragraph (a) .

(7) An entry in a register must not be cancelled under subsection (5) (a) if the entry was correct at the time the entry was made.

(8) Particulars in an entry in a register must not be deleted under subsection (5) (b) if the particulars were correct at the time the particulars were entered.

(9) The registrar need not correct a register in relation to historical information.

(10) A certificate from an entry that contains corrected information must show the most recent information.

(11) However, the certificate may also show information that has been corrected if the registrar considers it necessary.

(12) The registrar may publish, on a relevant website, a policy about how the registrar exercises the registrar’s discretion to correct an entry under this section.

(13) In this section—

"police commissioner" means the commissioner of the Queensland Police Service.

"relevant website" means the department’s website or www.qld.gov.au .