Queensland Numbered Acts

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JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 37 - SECT 20

20 Amendment of s 8 (Responsibility to apply to have birth registered)

Section 8(2)--

omit, insert--

'(2) However, the registrar may accept an application completed by only 1 of the parents if the registrar is satisfied--

(a) the applicant is unable or unwilling to give information as to the other parent's identity or whereabouts; or
Examples--
1 The applicant does not know the father's identity.
2 The applicant does not know the other parent's whereabouts.
(b) the other parent is unable, unlikely or unwilling to sign the application; or
Examples--
1 The other parent is dead.
2 The other parent can not be located.
(c) the requirement under subsection (1)(a) for the other parent to apply to register the birth would cause the applicant unnecessary distress.
Examples--
1 The applicant is too frightened to contact the other parent because of a domestic violence situation.
2 Contact between the applicant and the other parent would breach a domestic violence order.

'(2A) If the registrar accepts an application under subsection (2)(a) or (b) and has an address for the other parent, the registrar must, before registering the birth--

(a) give the other parent--
(i) written notice of the application; and
(ii) at least 14 days written notice of the registrar's intention to register the birth; and
(b) ask the other parent to sign an application.

'(2B) A failure of the registrar to comply with subsection (2A), or a failure of the parent of a child to sign an application as requested under subsection (2A)(b), does not prevent the registration of the child's birth or affect the validity of the registration.'.



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