O’Keefe v Registrar of Births Deaths and Marriages [2020] NSWCATAD 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Keefe v Registrar of Births Deaths and Marriages [2020] NSWCATAD 233 Hearing dates: 31 August 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: (1) Set aside the decision under review. (2) Order the Registrar to alter the particulars in the register of births so as to record the Applicant's date of birth as 28 July 1939. Catchwords: ADMINISTRATIVE LAW – registration of birth – whether Registrar should correct the Applicant's date of birth as recorded in the Register – Applicant born in the early hours of the morning – incorrect date provided for entry into the Register Legislation Cited: Births, Deaths and Marriages Registration Act 1995 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Myers v Registrar, Births, Deaths and Marriages [2020] NSWCATAD 131 Texts Cited: None cited Category: Principal judgment Parties: Raymond Thomas O'Keefe (Applicant) Registrar of Births Deaths and Marriages (Respondent) Representation: Solicitors: Applicant (Self Represented) Department of Customer Service (Respondent) File Number(s): 2020/00160455 Publication restriction: No restriction

Reasons for decision

Introduction 1. The applicant in this case, Raymond O'Keefe, wants the Registrar to alter the official register of births to correct what he says is a mistaken record of his date of birth. 2. Mr O'Keefe is now 81 years of age. He has always celebrated his birthday on 28 July – because that is the date his parents told him was his birthday. 3. For his 21st birthday his parents gave him a large, specially made metal 'coming of age' key, which he still has, and which is engraved with the words: Many Happy Returns RAYMOND from Mum & Dad – 28.7.60 1. When he was apprenticed in 1956 to a panel beating business his father wrote his date of birth on the Indenture Certificate as 28 July. 2. He has held a driver's licence since the 1950s. The date of birth as shown on his licence is 28 July. 3. Centrelink and Medicare both have his date of birth recorded as 28 July. 4. And yet the Register says he was born not on 28 July but on the 27th. 5. The question for the Tribunal is whether there is an error in the Register that needs to be corrected.