Saleam v Registrar, Births, Deaths and Marriages [2010] NSWADT 261

CITATION: Saleam v Registrar, Births, Deaths and Marriages [2010] NSWADT 261

DIVISION: General Division

APPLICANT James Saleam PARTIES: RESPONDENT Registrar, Births, Deaths and Marriages

FILE NUMBER: 103117

HEARING DATES: 8 August 2010

DATE OF DECISION: 4 November 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Births, Deaths & Marriages Act – refusal of application to search the Register

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Births, Deaths and Marriages Registration Act 1995 Crimes (Appeal and Review) Act 2001 Privacy and Personal Information Protection Act 1998

Commonwealth v Baume (1905) 2 CLR 405 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; 153 ALR 490 CASES CITED: R v Berchet (1688) 89 ER 480 R v Saleam (1989) 41 A CrimR 108 Saleam v The Registry Of Births Deaths And Marriages (2003) NSWADT 79

APPLICANT In person REPRESENTATION: RESPONDENT G Shirm, solicitor

ORDERS: The decision of the Registrar is confirmed.

REASONS FOR DECISION

Background

1 On 5 October 2008 applied to the Registry of Births, Deaths and Marriages (the Registry) for access to a death certificate of a deceased person (the deceased). He wrote – I have read the Registry's policy on the release of such information and I tailor this application accordingly. I wish to learn how [the deceased] died: whether it was suicide, unknown causes or a natural cause; and where she died: whether it was in a psychiatric institution or under normal hospitalisation or other circumstances. My purpose is one of an on-going effort to overturn a criminal conviction in which [the deceased] was the central and decisive, prosecution witness. In 2005, an application for a judicial investigation of the case was dismissed. However, the death of [the deceased] has opened up new avenues to resolve this matter in my favour. My name is known to your Registry, both when I was granted information regarding a person (marriage and change of name information) and refused me information (marriage information). The latter led to a case — unsuccessful on my part - in the Administrative Decisions Tribunal: Saleam v The Registry Of Births Deaths And Marriages (2003) NSWADT 79 . Both my previous matters with the Registry involved the administration of justice. The latter case also concerned a person who may have been able to assist me with exposing the perjury of [the deceased]. My cause is a proper cause. I have no interest other than the administration of justice in seeking this information. I would only use this information in an appropriate manner.