Garrick v NSW Registry of Births, Deaths and Marriages [2017] NSWCATAD 306

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Garrick v NSW Registry of Births, Deaths and Marriages [2017] NSWCATAD 306 Hearing dates: 25 September 2017 Date of orders: 23 October 2017 Decision date: 23 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The time for lodging the application is extended to 11 April 2017. 2. The decision of the Registrar of Births, Deaths and Marriages not to 'correct' the Death Certificate of Jayra Garrick is affirmed. Catchwords: MERITS REVIEW – where mother of deceased applied for Death Certificate to be 'corrected' to change the deceased's marital status from 'de facto' to 'single' – where deceased and her partner had argued 6 days before the deceased's death – whether correct and preferable decision is to change the Register Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Births, Deaths and Marriages Registration Act 1995 (NSW), s 4, 42, 45(1)(b), s 56 Births, Deaths and Marriages Registration Regulation 2001 (NSW), cl 9(h) Interpretation Act 1987 (NSW), s 21C Category: Principal judgment Parties: Giovanna Garrick (Applicant) Registrar of Births, Deaths and Marriages (First Respondent) Jarryd Saaghy (Second Respondent) Representation: Solicitors: Uther Webster & Evans (Applicant) A Gilroy (Office of the General Counsel, Department of Justice) (First Respondent) Second Respondent (self-represented) File Number(s): 2017/00112359 Publication restriction: Nil