Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 111

111 Restrictions on access to requested information about particular life events

(1) The registrar may not give requested information relating to an adopted person’s birth entry except to the extent allowed under the Adoption Act 2009 , section 290 .

(2) The registrar may only give requested information relating to an entry about a person closed under section 43 to any of the following persons—

(a) the person;

(b) a child of the person;

(c) if the person is aged 16 or 17 years and gives consent to the release of the information—

(i) a parent of the person; or

(ii) a person with parental responsibility for the person;

(d) if the person is a child under 16 years—

(i) a parent of the child; or

(ii) a person with parental responsibility for the child;

(e) a person prescribed by regulation.

(3) The registrar may only give requested information relating to an entry closed under section 19 or 21 that relates to a parentage order to any of the following persons—

(a) a birth parent for the parentage order;

(b) an intended parent for the parentage order;

(c) if the child for the parentage order is at least 18 years—the child;

(d) a guardian appointed under the Guardianship and Administration Act 2000 for any of the persons mentioned in paragraphs (a) to (c) ;

(e) if an administrator has been appointed under the Guardianship and Administration Act 2000 , section 14 for the child—the administrator;

(f) if a personal representative has been appointed for the child—the personal representative;

(g) an officer of, or person acting for, a law enforcement body;

(h) the Attorney-General.

(4) When applying for information from a closed entry, a person mentioned in subsection (3) (d) , (e) or (f) must—

(a) produce to the registrar the person’s instrument of appointment; and

(b) show that the information is required to discharge a function under the person’s appointment.

(5) Despite subsection (3) , the registrar may give requested information relating to an entry closed under section 19 or 21 that relates to a parentage order to a child who is under 18 years if the birth parents and the intended parent, or intended parents, for the parentage order consent to the child’s application for the information.

(6) For subsection (5) , a person’s consent is not required if—

(a) the person has died; or

(b) the child can not locate the person after making all reasonable enquiries.

(7) The registrar may only give requested information relating to an entry closed under section 19 or 21 that relates to a cultural recognition order to—

(a) a person who has been authorised under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 64 ; or

(b) an officer of, or person acting for, a law enforcement body.

(8) When applying for information from a closed entry, a person mentioned in subsection (3) (g) or (7) (b) must show that the information is required to discharge—

(a) a function of the law enforcement body; or

(b) the person’s duty as an officer of the law enforcement body.

(9) In this section—

"birth parent" means—

(a) for a parentage order under the Surrogacy Act 2010 —a birth parent under that Act; or

(b) for another parentage order—a person corresponding, under the law of another Australian jurisdiction where the order was made, to a birth parent under the Surrogacy Act 2010 .

"intended parent" means—

(a) for a parentage order under the Surrogacy Act 2010 —an intended parent under that Act; or

(b) for another parentage order—a person corresponding, under the law of another Australian jurisdiction where the order was made, to an intended parent under the Surrogacy Act 2010 .