Ward v NSW Registry of Births Deaths and Marriages [2015] NSWCATAD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ward v NSW Registry of Births Deaths and Marriages [2015] NSWCATAD 86 Hearing dates: 25 February 2015 Decision date: 29 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony, Senior Member Decision: The Tribunal affirms the decision of the Registrar not to amend the register Catchwords: Administrative Review - Deaths Registration –- application to amend the register – power to amend – Tribunal not satisfied that proposed change is in conformity with the most reliable information about the registerable event – decision of Registrar affirmed Legislation Cited: Administrative Decisions Review Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Registration Regulation 2011 Interpretation Act 1987 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. Category: Principal judgment Parties: Beverley Anne Ward (Applicant) NSW Registry of Births Deaths and Marriages (Respondent) Representation: Solicitors: B Ward (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410660

REASONS FOR DECISION

Introduction 1. Mrs Ward has applied for a review of a decision made on internal review by the Registrar of Birth Death and Marriages to refuse to amend the death certificate of Bridget Ellen Brown (Bridget) who died on 18 October 1909. Bridget's birth surname was Dwyer. 2. That death certificate records that Bridget was married twice, to John Dwyer and to John Brown. The places of those marriages, her age at the time of each marriage, and their respective lengths are recorded as unknown. The death certificate records that she had one son, Michael, Dwyer, who was aged 53 at the time of her death. He was the informant of her death. 3. Mrs Ward sought to amend that death certificate by removing the reference to a marriage to John Dwyer, and inserting a record of a de facto relationship between Bridget and John Mylacharaine. She believes that this was the true situation, and that the record of Bridget being married to John Dwyer is a convenient ruse, adopted to spare Michael Dwyer the difficulties associated with having been born out of wedlock, and at the same time consistent with his surname being his mother's maiden name. 4. The Registrar was not persuaded on the available evidence that Bridget's death certificate contained errors. As a consequence she refused to amend it. 5. Mrs Ward then exercised her right to seek administrative review of that decision by the Tribunal.