Reynolds v Registrar of Births, Deaths and Marriages [2024] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reynolds v Registrar of Births, Deaths and Marriages [2024] NSWCATAD 255 Hearing dates: On the papers Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Principal Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Births, Deaths and Marriages – request to correct the register – place of birth – no error at registration – power to correct not to be used solely for convenience of holder of birth certificate Legislation Cited: Administrative Decisions Review Act 1997 Birth Deaths and Marriages Registration Act 1995 Birth Deaths and Marriages Registration Regulation 2017 Civil and Administrative Tribunal Act 2013 Cases Cited: Minister for Foreign Affairs v Lee [2014] FCA 927 Sklavos v NSW Registry of Births, Deaths and Marriages [2017] NSWCATAD 29 Texts Cited: Oxford English Dictionary Macquarie Dictionary Category: Principal judgment Parties: David Reynolds (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: J Brennan (Agent for applicant) Department of Customer Service (Respondent) File Number(s): 2024/00107542 Publication restriction: Nil

REASONS FOR DECISION 1. David Reynolds' birth certificate records his place of birth as Royal Hospital for Women, Paddington. At the beginning of this year he applied to the Registry of Births, Deaths and Marriages to correct his birth place on the certificate. He asked that his place of birth be recorded as "Sydney". 2. Mr Reynolds' mother, Jannette Brennan, who acted on his behalf, explained that Mr Reynolds (who is now an adult) has a mild to moderate intellectual disability. At the time she made the application she stated that Mr Reynolds was about to apply for a new passport and that changing his birthplace from Paddington to Sydney would contribute to the ease of use during his travel. Mr Reynolds' existing passport records his place of birth as Paddington. 3. The request to amend Mr Brennan's place of birth was refused on the basis that the Birth Deaths and Marriages Registration Act 1995 and the Birth Deaths and Marriages Registration Regulation 2017 require the inclusion of a place of birth when a birth is registered. Section 13 of the Act states that this is the geographical location where a child was born. As the registration form completed at the time of Mr Reynolds birth confirmed that his place of birth was Royal Hospital for Women, Paddington, this was the information that was required to be recorded on his birth certificate. 4. Mr Reynolds has sought review of that decision by the Tribunal. Before the Tribunal, Ms Brennan acted on his behalf.