Queensland BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL 2003 Queensland BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title... eee eens 6 2 Commencement... .......0 066. e cece eee eee eee eens 6 3 Objects... 6... eee eee e eens 6 4 Definitions... .... 0.6... 6 PART 2—BIRTHS 5 Notification of birth... 2... 0006. 7 6 Births that must be registered in Queensland ...................0000. 7 7 Births that may be registered in Queensland.....................000. 8 8 Responsibility to apply to have birth registered ................00004. 9 9 How to apply to register the birth of achild.....................204. 10 10 Registration of parentage details. ........ 0.0.0.0 cee eee eee 10 11 Court order relating to birth register. ............0... 0000000000000, 11 12 Child's name «0... eee 11 13 Application to change child's first name within a year of birth .......... 12 14 Reregistering a birth or adoption. ........... 0006. 13 PART 3—CHANGE OF NAME 15 Change of name by registration. ........... 6000. e cece ee eee eee 15 16 Application to register change of adult's name...................205. 15 17 Application to register change of child's name...............0000000. 16 18 Child's consent to change of name ..... 2... 66.66 16 19 Registration of change of name.............. 000. 17 20 Notation of change of name other than by registration................. 17 Births, Deaths and Marriages Registration Bill 2003 2327293133 35373941434547 Limit on number of name changes .............. 0.00000 e eee eee ee PART 4—REASSIGNMENT OF SEX When a sexual reassignment may be noted....................004. Application to note a reassignment of sex............ 0... Effect of reassignment of sex... 2... eee eee PART 5—MARRIAGES Marriages that are registrable ...........0.. 00.00 e eee eee eee PART 6—DEATHS Deaths that must be registered in Queensland..................00.. Deaths that may be registered in Queensland..................00.. Responsibility to apply to have death registered................00.. How to apply to register the death of a person .................0000. Cause of death certificate... 06... o cece eee Court order relating to registration of death ...................20.. Notifying about disposal of a deceased person's body............... Stillbirths 0... eects PART 7—ADMINISTRATION The registrar 0... cee eee eee The deputy registrar... 2... eee eee IS) Delegation... 0.0.20... . ccc cee eee eee Executing documents ..........0 00.00 c eee eee eee eee Reciprocal administrative arrangements...................000000. The registers ©... 0... cece eee eee ee Registering events in register ..... 22... eee eee eee Correcting the register... 0... eee Inquiry to ensure register correct... 00... cee eee eee eee Obtaining information from the registrar .................0000000. Information policies .... 2... eee Protection of privacy... 2... eee eee eee Control of records... 2... 6. ete Additional services . 0.2... 0.6.00 c cece cece eee eens 2023252729 29303031343636Births, Deaths and Marriages Registration Bill 2003 50525456 59 PART 8—GENERAL Appealing registrar's decisions ........ 0... eee eee eee eee eee False or misleading representation ............. 0.0... cece eee eee eee Unauthorised access to or interference with register................... Proceedings for offences....... 0... eee eee eee False certificates 2.0.6... eee eee eens Protection from liability ..... 2... eee eee eee Approved forms... 0... eee eee eee eee eee Regulation-making power... . 0.02.0... 00. e cece eee eee eee PART 9—TRANSITIONAL PROVISIONS Transitional provisions ........ 0... eee PART 10—REPEAL AND CONSEQUENTIAL AMENDMENTS SCHEDULE1........................ CONSEQUENTIAL AMENDMENTS ADOPTION OF CHILDREN ACT 1964................0 000022 e eee CORONERS ACT 2003 ..... 0.00.0 cece eee eee eee CORRECTIVE SERVICES ACT 2000. ..........0... 0002. e eee eee CREMATIONS ACT 2003 ... 0.0.6.2 cee eens HEALTH ACT 1937... 00... cece eens JUVENILE JUSTICE ACT 1992 .... 0... eee LAND TAX ACT 1915 2.0.02 cece eee eee POLICE POWERS AND RESPONSIBILITIES ACT 2000............. PUBLIC TRUST ACT 1978... 0.0... ce eee eee STATUS OF CHILDREN ACT 1978 ... 2.0.0... ee ee eee WITNESS PROTECTION ACT 2000 ................. 00... e ee eee SCHEDULE2........................ DICTIONARY 37383839 41424647474849 A BILL FOR An Act to provide for the registration of births, deaths and marriages, and for other purposes sl 6 s4 Births, Deaths and Marriages Registration Bill 2003 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1__ Short title This Act may be cited as the Births, Deaths and Marriages Registration Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3. Objects The objects of this Act are to provide for— (a) the collection and maintenance, in registers kept by the registrar, of information about— (i) births, deaths, marriages, changes of name and reassignments of sex; and (ii) adoptions under the Adoption of Children Act 1964; and (iii) another matter that the registrar is required to keep under another Act; and (b) access, in appropriate cases, to information in a register maintained for those purposes; and (c) the issue of certified and uncertified information from a register; and (d) the collection and dissemination of statistical information. 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. nas SCO ON DUNN FF WN FO NY WY — NN WwW N s5 7 s6 Births, Deaths and Marriages Registration Bill 2003 PART 2—BIRTHS 5 Notification of birth (1) For each child born in Queensland, the responsible person must give a notice, in the approved form, to the registrar. Maximum penalty—20 penalty units. (2) The responsible person is— (a) if the child was born in a hospital, or brought to a hospital within 24 hours after birth—the person in charge of the hospital; or (b) otherwise— (i) adoctor present at the birth; or (ii) if a doctor was not present at the birth—a midwife present at the birth; or (iii) if neither a doctor nor a midwife were present at the birth—a person, other than the mother, present at the birth; or (iv) if the mother was alone at the birth—the mother; or (v) if the mother dies or abandons the child—the person who takes physical custody of the child, for example a person who discovers the child with the body of the mother. (3) The notice must be given within 2 working days after the birth. (4) A person need not comply with subsection (1) if someone else has complied with subsection (1). 6 Births that must be registered in Queensland (1) The birth of a child must be registered if— (a) the child is born in Queensland; or (b) a Queensland court— (i) _ finds that the child was born in Queensland; and (ii) makes an order that— (A) directs that the birth be registered; and CMON DUN FW WN COmMAANI DD NSFW NK CO N Co NN Ne 242628 s7 8 s7 Births, Deaths and Marriages Registration Bill 2003 (B) states the particulars about the birth that are prescribed under a regulation. (2) In this section— "child" includes a stillborn child born after 30 April 1989. 7 Births that may be registered in Queensland (1) The birth of a child may be registered under this Act if— (a) the child is born in an aircraft or vessel outside Queensland; and (b) the child is not, between the time when the child is born and when the child arrives in Queensland, taken to a place outside Queensland. Example of paragraph (b)— A woman gives birth on a ship travelling non-stop from Sydney to Tokyo. The mother and child are flown by helicopter from the ship to Brisbane to enable them to receive medical care. The birth may be registered in Queensland. (2) The birth of a child outside Australia may be registered under this Act if— (a) the child's parents intend to live in Queensland; and (b) when the application for registration is made, the child is— (i) resident in Queensland; and (ii) not older than 18 months. (3) The birth of a child may be registered under this Act if a non-Queensland court— (a) finds that the child was born in Queensland; and (b) makes an order that— (i) directs that the birth be registered; and (ii) states the particulars about the birth that are prescribed under a regulation. (4) The birth of a stillborn child born in Queensland before 1 May 1989 may be registered under this Act if, at the same time, the registrar is able to register the death of the child. BW Ne eomnrninann Co OND NPWN KF CO NY WY - OC NN WN RYN WY Nn nn NN aon WwWwhN rPeowo s8 9 s8 Births, Deaths and Marriages Registration Bill 2003 (5) The registrar must not register under this section a birth that has been registered in another State or country. (6) In this section— "place" does not include an aircraft or vessel. 8 Responsibility to apply to have birth registered (1) If the birth of a child must be registered in Queensland, the following persons must apply to register the birth— (a) both parents of the child; (b) if the child was found abandoned as a newborn—the person taking care of the child. Maximum penalty—20 penalty units. (2) However, the registrar may accept an application completed by only 1 of the parents if the registrar is satisfied that the other parent is unable, or unlikely, to sign the application. Examples of why the other parent may be unable to sign the application— ¢ — the other parent is dead ¢ — the father does not know the mother's whereabouts ¢ the mother does not know who the father is. (3) Also, the registrar may accept an application from a person who is not responsible for having the child's birth registered if the registrar is satisfied— (a) the child's parents are unable, or unlikely, to apply to register the birth; and (b) the person knows the relevant facts. (4) If the registrar does not receive an application under subsection (1), (2) or (3) for a birth, the registrar may require 1 of the following persons to apply to register the birth— (a) the person in charge of the place where the child was born; (b) aperson present at the birth; (c) aperson who the registrar reasonably believes knows the relevant facts. BW Ne om rnnn CAND MN PWN KF CO Nw ee) NN WN N & Now UDAN NY N \o ow Ww a) s9 10 s10 Births, Deaths and Marriages Registration Bill 2003 (5) A person must comply with the registrar's requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 9 How to apply to register the birth of a child (1) An application to register the birth of the child must be in the approved form (a "birth registration application''). (2) The application must be given to the registrar within 60 days after the birth. (3) However, the registrar may accept an application given more than 60 days after the birth if satisfied that the birth happened. 10 Registration of parentage details (1) This section applies if a person applies— (a) to register the birth of a child; or (b) to include information about the identity of a child's parent in the register of births after the child's birth has been registered. (2) The registrar must not include information in the register of births that identifies a person as the parent of a child unless— (a) both— (i) the person signed a birth registration application; and (ii) the registrar is satisfied that the person is a parent of the child; or (b) the registrar is entitled under the Status of Children Act 1978, section 18C! to presume that the person is a parent of the child. (3) However, the registrar may include information about the identity of a parent who did not sign the birth registration application if— (a) the registrar is satisfied that the parent did not sign because— (i) _ the parent is dead; or (ii) the parent's whereabouts are unknown; or 1 Status of Children Act 1978, section 18C (Parentage presumption arising from court finding) Co ON AN Ff CDAD NB WN \o Nw - oO NN WN NN ors NY NY WY onan sil 11 s12 Births, Deaths and Marriages Registration Bill 2003 (iii) the parent is unable to sign the application; or (iv) the parent is, for another justifiable reason, unable to apply; or (b) the registrar is satisfied that the other parent does not dispute the correctness of the information; or (c) the registrar is entitled under a law, including a law of another State or the Commonwealth, to make a presumption as to the identity of the child's parent. (4) In circumstances prescribed under a regulation, the registrar may require a person who claims that someone is a parent of a child to prove it by giving the registrar a copy of a court finding mentioned in the Status of Children Act 1978, section 18C. 11 Court order relating to birth register (1) A court, on application by an interested person or on its own initiative, may order the registrar to— (a) register the birth of a child born in Queensland; or (b) include or correct application information about a child's birth, other than the child's name, in the register of births. (2) However, a person may not apply for an order under subsection (1) if the person has appealed to the District Court under section 49? in relation to the same matter. (3) In this section— "court" means— (a) for application information about a child's parentage—the Supreme Court; or (b) otherwise—the District Court. 12. Child's name (1) A birth registration application, other than an application to register the birth of a stillborn child, must state the child's name. 2 Section 49 (Appealing registrar's decisions) OO OND NB WN NRO COND NF W 2225 29 s13 12 s 13 Births, Deaths and Marriages Registration Bill 2003 (2) If a birth registration application states only 1 name for the child, the name is taken, for this Act, to be the child's surname. (3) If— (a) the name stated in the birth registration application is a prohibited name; or (b) for a birth registration application that is made by both parents—the registrar is satisfied that the parents can not agree on the child's name; or (c) no name is stated in the birth registration application; the registrar may choose a name for the child and enter it in the register. (4) However, the registrar can not choose a first name for a stillborn child if the parents have indicated that they do not wish to name the child. (5) One of the ways in which the parents may indicate that they do not wish to name the child is by not putting a name for the child in the birth registration application. (6) If a child's parents can not agree on a name for the child, either parent may apply to a Magistrates Court to decide the child's name. (7) The Magistrates Court may— (a) choose a name, other than a prohibited name, for the child; and (b) order that the name be entered in the register of births for the child.3 13 Application to change child's first name within a year of birth (1) This section applies if a child's birth or adoption was registered in Queensland. (2) The child's parents may apply to change the child's first name in the register of births or adopted children register. (3) However, 1 of the parents may apply to change the child's first name if— (a) the parent is the only parent of the child entered in the register of births or adopted children register; or 3 Under section 56, a regulation may prescribe information that a court may consider when deciding or changing a child's name. OO OND NB W NK FOO OND WNRW NK CO NW 24 26 28 30 s14 13 s14 Births, Deaths and Marriages Registration Bill 2003 (b) the other parent is dead; or (c) a Magistrates Court approves the change of name. (4) The child's guardians may apply to change the child's first name in the register of births or adopted children register. (5) However, 1 of the guardians may apply to change the child's first name if— (a) the other guardian is dead; or (b) a Magistrates Court approves the change of name. (6) A Magistrates Court may, on application by a child's parent or guardian, approve a proposed change of first name for the child if satisfied that— (a) the name is not a prohibited name; and (b) the change is in the child's best interests.4 (7) An application under this section may be made only once and within a year of the child's birth. (8) In this section— "change" a name includes add a name. 14 Reregistering a birth or adoption (1) This section applies if— (a) aperson's birth was registered in Queensland; or (b) a person's adoption was registered under the Adoption of Children Act 1964. (2) The registrar must reregister a person's birth or adoption when the reassignment of the person's sex is noted under this Act. (3) The registrar may reregister a person's birth or adoption if— (a) the registrar decides that, because of the number of notes on the entry, it would be desirable to reregister the birth or adoption; or 4 Under section 56, a regulation may prescribe information that a court may consider when deciding or changing a child's name. oO mnN DN FW NY ND UF WN FO 22 24 27 s14 14 s14 Births, Deaths and Marriages Registration Bill 2003 (b) the registrar receives an application, in the approved form, to reregister the person's birth or adoption after a change of the person's name has been noted under this Act. (4) An application to reregister a person's birth or adoption may only be made by— (a) if the person is an adult—the person; or (b) if the person is a minor—a parent or guardian of the person. (5) The registrar reregisters a person's birth or adoption by— (a) duplicating the information in the entry for the person's birth or adoption (the "'closed entry'') in a new entry in the register, other than information that has been superseded, and without indicating what information has been superseded; and Example— If the registrar is reregistering a birth consequent on the change of a person's surname from Smith to Jones, the information in the new entry would be the same as in the old entry except that the person's surname would appear as Jones. (b) noting on the closed entry— (i) _ that the birth or adoption has been reregistered; and (ii) areference to the new entry; and (c) noting on the new entry— (i) that the new entry was made under this section; and (ii) areference to the closed entry. (6) A certificate issued by the registrar from the new entry— (a) if the person's sex has been reassigned under this Act— (i) must show the person's reassigned sex; and (ii) must not include a statement or other clear indication to the effect that a reassignment of the person's sex has been noted in the register; or (b) if the person's name has been changed under this Act—must not show the person's name that was in the closed entry before a change of name was noted in the closed entry. (7) The registrar may issue a certificate from the closed entry. oO mN DNF WNK om N ANF WNr CO NN NY NY NY WY nN WN FF CO NNW ana WwWwhN rPeowo Ww N s15 15 s16 Births, Deaths and Marriages Registration Bill 2003 (8) However, if the closed entry relates to a person whose sex has been reassigned, the registrar may issue a certificate to only the following persons— (a) the person; (b) achild of the person; (c) aparent of the person, if the person is a child; (d) aperson prescribed under a regulation. (9) Subsection (8) is subject to the Adoption of Children Act 1964, section 39C.5 PART 3—CHANGE OF NAME 15 Change of name by registration (1) A person's name may be changed by registration of the change under this part, unless the change has been registered under a corresponding law or by other legal process in another State. (2) A change of name includes the addition of a name. (3) It is no longer possible in Queensland to change a person's name by deed poll. (4) However, this part does not prevent the change of a person's name by repute or usage. 16 Application to register change of adult's name An adult person may apply to register a change of the person's name in the change of name register only if— (a) the person's birth or adoption was registered in Queensland; or (b) the person was born outside Australia, but the person ordinarily resides in Queensland. 5 Adoption of Children Act 1964, section 39C (Entitlement to certain records etc.) COomANANI DN FP WNK COD ND KN BWN 22 25 s17 16 s18 Births, Deaths and Marriages Registration Bill 2003 17 Application to register change of child's name (1) This section applies if— (a) achild's birth or adoption was registered in Queensland; or (b) a child was born outside Australia, but the child ordinarily resides in Queensland. (2) The child's parents may apply to register a change of the child's name in the change of name register. (3) However, 1 of the parents may apply to register a change of the child's name if— (a) the parent is the only parent of the child entered in the register of births or adopted children register or shown on the child's birth certificate; or (b) the other parent is dead; or (c) a Magistrates Court approves the change of name.® (4) The child's guardians may apply to register a change of the child's name in the change of name register. (5) However, | of the guardians may apply to register a change of the child's name if— (a) the other guardian is dead; or (b) a Magistrates Court approves the change of name. (6) A Magistrates Court may, on application by a child's parent or guardian, approve a proposed change of name for the child if satisfied that— (a) the name is not a prohibited name; and (b) the change is in the child's best interests. 18 Child's consent to change of name (1) The registrar must not approve an application to register the change of the name of a child who is 12 years or more unless the registrar is satisfied that the child— 6 Under section 56, a regulation may prescribe information that a court may consider when deciding or changing a child's name. OD ND NB WN COC ON AN FW NK O N Co NNW WN NN ns 28 s19 17 s 20 Births, Deaths and Marriages Registration Bill 2003 (a) consents to the change of name; or (b) is unable to understand the meaning and implications of the change of name. (2) Subsection (1) does not apply if a Magistrates Court has approved the change of name. 19 Registration of change of name (1) Before registering the change of a person's name, the registrar may require— (a) evidence of the following— (i) the identity and age of the person; (ii) that the change of name is not sought for a fraudulent or other improper purpose; (iii) any other information prescribed under a regulation; or (b) adocument prescribed under a regulation. (2) The registrar must not approve an application to register a change of name— (a) if the registrar is not satisfied of the applicant's identity and of the identity of the person whose change of name is to be registered; or (b) if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or (c) toa prohibited name. (3) If the registrar registers the change of name of a person whose birth or adoption was registered in Queensland, the registrar must also note the change in the register of births or adopted children register, unless the changed name is the same as the person's latest name in the register. (4) The registrar may notify the registering authority under a corresponding law of a change of name under this Act. 20 Notation of change of name other than by registration (1) This section applies if— (a) aperson's birth or adoption was registered in Queensland; and nk WN Oo On a OMANI DUN FW NK CO NW - Oo N N NNNN Dun WwW NN on 30 s 20 18 s 20 Births, Deaths and Marriages Registration Bill 2003 (b) the person's name has been changed under the law of another State or other legal process. Example of other legal process— An order of a Queensland court or a non-Queensland court or a deed poll. (2) An adult may apply to the registrar, in the approved form, to note the change of the adult's name in the register of births or adopted children register. (3) A child's parents may apply to the registrar, in the approved form, to note the change of the child's name in the register of births or adopted children register. (4) However, 1 of the parents may apply to note the change of the child's name if— (a) the parent is the only parent of the child entered in the register of births; or (b) the other parent is dead; or (c) a Magistrates Court approves the change of name;' or (d) a Queensland court or non-Queensland court has ordered the change of name. (5) A child's guardians may apply to the registrar, in the approved form, to note the change of the child's name in the register of births or adopted children register. (6) However, 1 of the guardians may apply to note the change of the child's name if— (a) the other guardian is dead; or (b) a Magistrates Court approves the change of name; or (c) a Queensland court or non-Queensland court has ordered the change of name. (7) The application must be accompanied by a document, prescribed under a regulation, that evidences that the person's name has been changed under the law of another State or other legal process. (8) Before noting the change of a person's name, the registrar may require— 7 Under section 56, a regulation may prescribe information that a court may consider when deciding or changing a child's name. COomDNDNN PW NE COND Nn BPW NK CO NW pe OO NN WN NY N nN & NW NO wYyn aN ome <) WW Noe s21 19 s21 Births, Deaths and Marriages Registration Bill 2003 (a) evidence of the following— (i) the identity and age of the person; (ii) that the change of name is not sought for a fraudulent or other improper purpose; (iii) any other information prescribed under a regulation; or (b) adocument prescribed under a regulation. (9) The registrar must not approve an application to note the change of name— (a) if the registrar is not satisfied of the applicant's identity and of the identity of the person whose change of name is to be noted; or (b) if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or (c) toa prohibited name. 21 Limit on number of name changes (1) An application to register, or to note, the change of a person's name may be made only— (a) for the change of a child's first names—once before the child reaches 18 years; or (b) otherwise—once in every 1 year period. (2) However, subsection (1) does not apply if a Magistrates Court has, because of exceptional circumstances, approved the change of name. Example of exceptional circumstances— To protect the child from domestic violence. (3) An application under subsection (1)(a) may be made in addition to an application under section 13.8 8 Section 13 (Application to change child's first name within a year of birth) CAND NN FW NY WN FO ComD ND WN 22 24 26 s 22 20 s 23 Births, Deaths and Marriages Registration Bill 2003 PART 4—REASSIGNMENT OF SEX 22 When a sexual reassignment may be noted The reassignment of a person's sex after sexual reassignment surgery may be noted in the person's entry in the register of births or adopted children register only if the person is not married. 23 Application to note a reassignment of sex (1) An adult may apply to note the reassignment of the adult's sex. (2) An application to note the reassignment of a child's sex may be made by— (a) the child's parents; or (b) 1 of the child's parents if— (i) the other parent is dead; or (ii) the other parent's whereabouts are unknown; or (iii) the other parent refuses to sign the application; or (iv) the other parent is, for another justifiable reason, unable to apply; or (c) the child's guardians. (3) Despite subsection (2), the registrar must accept an application to note the reassignment of a child's sex if a Magistrates Court, on the application of a parent or guardian of the child, orders the registrar to do so. (4) The application must be— (a) in the approved form; and (b) accompanied by— (i) statutory declarations, by 2 doctors, verifying that the person the subject of the application has undergone sexual reassignment surgery; or (ii) arecognition certificate;? and 9 See the dictionary for the definition of a recognition certificate. nABwW N on nan SCOmA NAN AN FwWN KF CO NN NY WY WN NNW loos N — s24 21 s24 Births, Deaths and Marriages Registration Bill 2003 (c) accompanied by other information prescribed under a regulation; and (d) accompanied by other documents prescribed under a regulation. (5) For subsection (4)(b), a statutory declaration made by a doctor in another country may be sworn before a notary public in the other country. (6) In this section— "doctor" includes a person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 2001. 24 Effect of reassignment of sex (1) A person who has had the reassignment of the person's sex entered into a register maintained under a corresponding law is a person of the sex as reassigned. (2) A person who is the subject of a recognition certificate is a person of the sex stated in the recognition certificate. (3) However, the person must comply with section 23!° for the reassignment of the person's sex to be noted under this Act. (4) If the reassignment of a person's sex is noted under this Act, the person is a person of the sex as reassigned. (5) A person who has an entitlement— (a) under a will; or (b) under a trust; or (c) otherwise by operation of law; does not, except as otherwise provided under the will, the trust or by the law conferring the entitlement, lose the entitlement only because the reassignment of the person's sex has been noted. (6) In this section— "entitlement" includes a right. 10 Section 23 (Application to note a reassignment of sex) COmMANI DD NH W NK COD AND NHK WNK CO NN NY WY wn FF OO NNW loos Ny oN aon s25 22 s 26 Births, Deaths and Marriages Registration Bill 2003 PART 5—MARRIAGES 25 Marriages that are registrable (1) A marriage solemnised in Queensland must be registered under this Act. (2) A person may have a marriage registered by giving the registrar— (a) the marriage certificate; or (b) if the marriage was solemnised before the commencement of the Marriage Act 196] (Cwlth)—evidence of the marriage required by the registrar. (3) A marriage is taken to be solemnised in Queensland if— (a) itis solemnised on a vessel; and (b) the vessel goes to the place where the marriage is solemnised from a port in Queensland, without stopping at a port that is not in Queensland; and (c) after the marriage is solemnised, the vessel returns to a port in Queensland, without stopping at a port that is not in Queensland. PART 6—DEATHS 26 Deaths that must be registered in Queensland (1) The death of a person must be registered under this Act if— (a) the person dies in Queensland; or (b) a Queensland court, other than the Coroners Court— (i) finds— (A) that the death happened in Queensland; and (B) the name of the person; and (C) the date or approximate date of the person's death; and (ii) makes an order that— (A) directs that the death be registered; and COMIN DN FW WN Dun PWN F CO 1921232527 s27 23 s27 Births, Deaths and Marriages Registration Bill 2003 (B) states the findings mentioned in paragraph (b)(i) and any other particulars about the death prescribed under a regulation; or (c) acoroner finds— (i) that the death happened in Queensland; and (ii) the name of the person; and (iii) the date or approximate date of the person's death. (2) In this section— "coroner"? means a coroner under the Coroners Act 1958 or the Coroners Act 2003. "Coroners Court" means the Coroners Court under the Coroners Act 1958 or the Coroners Act 2003. "person" includes a stillborn child born after 30 April 1989. 27 Deaths that may be registered in Queensland (1) The death of a person may be registered under this Act if— (a) the person dies in an aircraft or vessel, or in waters, outside Queensland; and (b) the person's body is not, between the time when the person dies and when the person's body arrives in Queensland, taken to a place outside Queensland. Example— A person dies on a ship travelling non-stop from Sydney to Tokyo. The person's body is taken by helicopter from the ship to a mortuary in Brisbane. The death may be registered in Queensland. (2) The death of a person outside Australia may be registered under this Act if the person— (a) ordinarily resided in Queensland; or (b) died leaving real property in Queensland. (3) The death of a person may be registered under this Act if a non-Queensland court or a non-Queensland coroner finds— (a) that the death happened in Queensland; and (b) the name of the person; and oOomrNI DN FB WNK Ww Nr Oo s 28 24 s 28 Births, Deaths and Marriages Registration Bill 2003 (c) the date or approximate date of the person's death. (4) The death of a stillborn child born in Queensland before 1 May 1989 may be registered under this Act if, at the same time, the registrar is able to register the birth of the child. (5) The registrar must not register under this section a death that has been registered in another State or country. (6) In this section— "place" does not include an aircraft or vessel. 28 Responsibility to apply to have death registered (1) If the death of a person must be registered in Queensland, a spouse or relative of the deceased person must apply to register the death, unless the spouse or relative has a reasonable excuse. Maximum penalty—20 penalty units. (2) If the registrar does not receive an application under subsection (1), the registrar may require 1 of the following persons to apply to register the death— (a) the person in charge of the place where the person died; (b) the person finding the body; (c) the person arranging for the disposal of the deceased person's body. Example of a place mentioned in subsection (2)(a)— A hospital or nursing home. Example of a person mentioned in subsection (2)(c)— A personal representative or funeral director. (3) A person must comply with the registrar's requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (4) A person does not commit an offence against subsection (1) if someone else has applied to register the death. (5) In this section— "disposal" includes giving the body to a school of anatomy. "relative" includes a relative by marriage. oN AN BWNHY CO WN DANK W NK O NNN NY WY BRWON NN nun N — NW ow WwW W Ww NF Oo s29 25 s 30 Births, Deaths and Marriages Registration Bill 2003 29 How to apply to register the death of a person (1) An application to register the death of a person must be in the approved form (a "death registration application"). (2) The application must be given to the registrar within 14 days after the death, or the death is discovered, whichever happens later. (3) However, the registrar may accept an application given more than 14 days after the death, or the death is discovered, if satisfied the death happened. (4) Also, the parent of a stillborn child born before 1 May 1989 may give the registrar a death registration application for the child at any time.!! 30 Cause of death certificate (1) This section applies if— (a) adoctor— (i) fora stillborn child— (A) was present at the stillbirth; or (B) examined the stillborn child's body; or (ii) for any other deceased person— (A) attended the deceased person when the person was alive; or (B) examined the deceased person's body; or (C) has considered information about the deceased person's medical history and the circumstances of the deceased person's death; and (b) the doctor is able to form an opinion as to the probable cause of death. Examples of subsection (1)(a)(ii)(C)— 1. A doctor may consider information about the deceased person's medical history by examining the records of, or speaking to, another doctor who attended the deceased person when the person was alive. 11 Also see section 7 (Births that may be registered in Queensland) for the requirement to register the birth. OO OND NB WN COomA NY DUN FP WN N Co NNW WN Nw ns N lon) Nww 'oon s 30 26 s 30 Births, Deaths and Marriages Registration Bill 2003 2. A doctor may be able to consider information about the circumstances of the deceased person's death by speaking to someone who was with the deceased when the deceased person died or who discovered the deceased person's body. (2) Subject to the Coroners Act 2003, section 26(5),!? the doctor must— (a) complete a certificate, in the approved form, ("cause of death certificate'') for the deceased person; and (b) give the original certificate to the person who is arranging for the disposal of the deceased person's body or to the registrar; and (c) give a copy of the certificate to the person who is arranging for the disposal of the deceased person's body. (3) For subsection (2), a person who is arranging for the disposal of the deceased person's body includes a school of anatomy that is holding the body. (4) The doctor must comply with subsection (2) within 2 working days of the person's death or when the person's body is found, whichever is the later. (5) However, a doctor need not comply with subsection (2) if another doctor has complied with subsection (2). (6) A doctor must not charge a person for a cause of death certificate. (7) If a doctor reasonably suspects that the doctor, or the doctor's spouse, may receive a benefit because of a person's death, the doctor must not issue a cause of death certificate for the person. Maximum penalty—120 penalty units. (8) If the doctor gives the person who is arranging for the disposal of the deceased person's body the original cause of death certificate, the person must give the certificate to the registrar within 14 days after the person has received the certificate. (9) Despite subsection (4) or (8), the registrar may accept a cause of death certificate given to the registrar at any time. 12 The Coroners Act 2003, section 26(5), provides that a doctor must not issue a cause of death certificate for a person if— (a) the death appears to the doctor to be a reportable death, unless a coroner advises the doctor that the death is not a reportable death; or (b) acoroner is investigating the death, unless the coroner authorises the issue of the certificate. C0 ON DWN FB WNe CI ANF WNrF CO \o NNWy NRO N w NoHOnnwv NAAN NW Nemec) s31 27 s 32 Births, Deaths and Marriages Registration Bill 2003 (10) In this section— "benefit" — (a) includes— (i) apayment under a life insurance policy; and (ii) property under a will; and (iii) property under an intestate distribution; but (b) does not include fees payable for professional services. "doctor" includes a person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 2001. "person" includes a stillborn child born after 30 April 1989. 31 Court order relating to registration of death (1) The District Court, on application by an interested person or on its own initiative, may order the registrar to— (a) register the death of a person who died in Queensland; or (b) include or correct application information about a person's death in the register of deaths. (2) However, a person must not apply for an order under subsection (1) if the person has appealed to the District Court under section 49! in relation to the same matter. (3) An order under subsection (1)(a) must state— (a) that the death happened in Queensland; and (b) the name of the person; and (c) the date or approximate date of the person's death; and (d) any other particulars about the death prescribed under a regulation. 32 Notifying about disposal of a deceased person's body (1) This section does not apply to— 13 Section 49 (Appealing registrar's decisions) COomA NY DN fF WN CSCOmMmMANID NWN PW WN NY NY NY NY WY BR WN NN nun 28 s 32 28 s 32 Births, Deaths and Marriages Registration Bill 2003 (a) aschool of anatomy when disposing of a human body that was given to it;!4 or (b) the disposal of parts of a human body taken during a medical procedure or autopsy. (2) A person who arranges the disposal of a human body must give the registrar notice, in the approved form, within 7 days after the disposal. Maximum penalty—20 penalty units. (3) A person who arranges for the body of a deceased person to be moved outside Queensland must give the registrar notice in the approved form before moving the body outside Queensland. Maximum penalty—20 penalty units. (4) Subsections (2) and (3) apply even if a coroner has made— (a) an order for removal of the body out of the State under the Coroners Act 1958, section 20; or (b) an order for burial or a certificate for cremation under the Coroners Act 1958, section 23; or (c) an order releasing the body for burial, or for release of the body to another jurisdiction, under the Coroners Act 2003, section 26. (5) If the body of a deceased person has not been disposed of within 30 days after— (a) acause of death certificate is issued; or (b) the coroner made— (i) an order for removal of the body out of the State under the Coroners Act 1958, section 20; or (ii) an order for burial or a certificate for cremation under the Coroners Act 1958, section 23; or (iii) an order releasing the body for burial, or for release of the body to another jurisdiction, under the Coroners Act 2003, section 26; the person who possesses the body must immediately give the registrar notice in the approved form. Maximum penalty—20 penalty units. 14 However, see section 41(6) (Registering events in register) Com NI DANN FW NK SCO ON AUN FW NY KF CO NR Nv WY No = NN BOW NN nun Nwun oon WwW WwW reo WwW N s 33 29 s35 Births, Deaths and Marriages Registration Bill 2003 (6) The registrar may accept a notice under subsection (2), (3) or (5) at any time. (7) In this section— "coroner"? means a coroner under the Coroners Act 1958 or the Coroners Act 2003. 33 Stillbirths For this Act, a stillborn child is taken to have died— (a) when the child left the mother's body; and (b) at the place where the mother was when the child left the mother's body. PART 7—ADMINISTRATION 34 The registrar (1) The Governor in Council must appoint a registrar-general (the "registrar''). (2) The registrar's functions are— (a) to establish the registers for this Act; and (b) to administer this Act in an efficient, effective and economical way; and (c) the functions given under this or another Act. (3) The registrar has the powers reasonably necessary to perform the registrar's functions. 35 The deputy registrar (1) The Governor in Council must appoint a deputy registrar-general (the "deputy registrar'). (2) The deputy registrar has the same functions and powers as the registrar, but is subject to the registrar's direction. nek WnNne Po won ad POO ON DN FW WN Nw 24 26 s 36 30 s 39 Births, Deaths and Marriages Registration Bill 2003 (3) The deputy registrar may act as the registrar when the registrar is temporarily unavailable for any reason to perform the registrar's functions. 36 Staff The registrar's staff is to consist of the staff that are necessary for the proper administration of this Act. 37 Delegation The registrar may delegate any of the registrar's powers under this or another Act, other than this power of delegation, to any person. 38 Executing documents (1) The registrar is to have 1 or more seals. (2) A certificate or other document issued by or for the registrar must be issued with— (a) the imprint of | of the registrar's seals; and (b) the signature, or a facsimile of a signature, of the registrar or the registrar's delegate. (3) If a document produced in evidence before a court is apparently signed and sealed by or for the registrar, the court must presume, in the absence of evidence to the contrary, that the document was properly issued under the registrar's authority. (4) In this section— "court" includes an administrative authority or official. 39 Reciprocal administrative arrangements (1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for— (a) the exercise by the registrar of powers and functions of the registering authority under the corresponding law; and (b) the exercise by the registering authority under the corresponding law of powers and functions of the registrar under this Act. (2) When an arrangement is in force under this section— ns on COMAAD NH W NK CO NY WY - © 24 26 28 s 40 31 s41 Births, Deaths and Marriages Registration Bill 2003 (a) the registrar may exercise, to the extent authorised by the arrangement, but subject to the conditions of the arrangement, the powers and functions of the registering authority under the corresponding law; and (b) the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement, but subject to the conditions of the arrangement, the powers and functions of the registrar under this Act. (3) An arrangement under this section may— (a) establish a database in which information is recorded for the benefit of all the participants in the arrangement; and (b) provide for access to information contained in the database; and (c) provide for payments by or to participants in the arrangement for services provided under the arrangement. 40 The registers (1) The registrar must maintain a register for each type of registrable event. (2) A register may be wholly or partly— (a) in the form of a computer database; or (b) in documentary form; or (c) in another form the registrar considers appropriate. (3) The registrar must maintain the indexes to a register that are necessary to make the information in the register reasonably accessible. 41 Registering events in register (1) The registrar must register a registrable event if— (a) the registrable event is an event that must be registered under this Act; and (b) the registrar receives— (i) an application for registration of the event that contains all the information prescribed under a regulation for the event (the "application information"); and CO ANDN BPWNK RW NY FO Co mWmnNnnn 21 23 25 27 30 s41 32 s41 Births, Deaths and Marriages Registration Bill 2003 (ii) the documents prescribed under a regulation; and (iii) for the registration of a marriage—the certificate or evidence mentioned in section 25(2); and (c) the registrar reasonably believes the application information, and information in the prescribed documents, is correct. (2) The registrar may require a person who is applying for registration to give the registrar— (a) evidence to support the application; or (b) information prescribed under a regulation; or (c) documents prescribed under a regulation. Example— The registrar may require the person to provide a statutory declaration attesting to the particulars contained in the application. (3) The registrar may register a registrable event even though— (a) the application for registration does not contain all the application information; or (b) the application was not accompanied by the prescribed information or documents; or (c) for a death—the death is still being investigated by a coroner under the Coroners Act 1958 or the Coroners Act 2003. (4) The registrar registers an event by— (a) for any type of registrable event—entering application and other information, prescribed under a regulation, for the event in the register for that type of event; or (b) for a marriage—incorporating the marriage certificate into the register. (5) When registering an event, the registrar must not enter the following into the register— (a) the word 'illegitimate' or words to that effect; (b) the word 'suicide' or words to that effect. Oo mOAND WK WN CSCO ON DN FSF WN KY CO NY WY — NNN BRWN NN nun NN aon wW NY Co oO s42 33 s 42 Births, Deaths and Marriages Registration Bill 2003 (6) If a school of anatomy receives the body of a deceased person under the Transplantation and Anatomy Act 1979, part 5,!> the person in charge of the school of anatomy must give the registrar written notice that the body has been received for anatomical purposes. (7) The registrar may enter the information contained in the notice in the register for the death. (8) If the registrar receives a coroner's notice in relation to the death of a person, the registrar may enter the information contained in the notice in the register for the death. (9) If the registrar receives a notice or certificate under this or another Act, the registrar may enter the information contained in the notice or certificate in the relevant register. (10) In this section— "coroner's notice" means an order or notice under the Coroners Act 2003, section 97. 42 Correcting the register (1) The registrar must correct a register on the order of a Queensland court. (2) The registrar may correct a register— (a) on the order of a non-Queensland court; or (b) to reflect a finding made on inquiry under section 43;!° or (c) on the application, in the prescribed form, of a person who can provide correct information to the registrar; or (d) to ensure the particulars in an entry about a registrable event conform with the most reliable information about the registrable event that is available to the registrar. Example of paragraph (a)— The registrar might correct a register if a Commonwealth court found that a particular person was the parent of a child. (3) The registrar may correct a register— 15 Transplantation and Anatomy Act 1979, part 5 (Donations for anatomical purposes) 16 Section 43 (Inquiry to ensure register correct) OMANI DUN FWNK nk WwW NRO Co ON DD 21 23 2529 s 43 34 s 44 Births, Deaths and Marriages Registration Bill 2003 (a) by adding, or cancelling, an entry in the register; or (b) by adding, amending or deleting particulars in an entry in the register. (4) The registrar need not correct a register in relation to historical information. (5) A certificate from an entry that contains corrected information must show the most recent information. (6) However, the certificate may also show information that has been corrected if the registrar considers it necessary. 43 Inquiry to ensure register correct (1) The registrar may conduct an inquiry to find out— (a) whether a registrable event has happened; or (b) particulars of a registrable event; or (c) whether particulars of a particular registrable event have been correctly recorded in a register. (2) The registrar may, by notice given to a person who may be able to provide information relevant to an inquiry under this section, require the person to answer specified questions or to provide other information within a time and in a way specified in the notice. (3) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 44 Obtaining information from the registrar (1) A person or other entity may apply to the registrar, in writing, for— (a) acertificate or information about an event that is, or may be, in a register kept by the registrar; or (b) a copy of a document given to the registrar in relation to the registration or notation of an event in a register kept by the registrar (a "source document''), other than a source document prescribed under a regulation. COD ND NH WN COMAAINID NFP WN KY CO Nw - oO N N 24 26 2830 s44 35 s 44 Births, Deaths and Marriages Registration Bill 2003 (2) Unless the application relates to historical information, the registrar may refuse the application if the applicant does not have an adequate reason for obtaining the certificate, information or source document. (3) In deciding whether an applicant has an adequate reason for obtaining the certificate, information or source document, the registrar must have regard to— (a) the relationship, if any, between the applicant and the person to whom the information relates; and (b) the reason that the applicant wants the information; and (c) the use to be made of the information; and (d) the age of the entry; and (e) the contents of the entry or source document; and (f) the sensitivity of the information; and (g) any other relevant factors. (4) If the applicant is not the person who created the source document, the registrar may give the applicant a copy of the source document with information obliterated. (5) A certificate must— (a) state the information prescribed under a regulation that is in the register for a stated registrable event; or (b) that no entry was located in the register about the stated registrable event. (6) A certificate, other than a certificate containing historical information, must not contain— (a) the word 'illegitimate' or words to that effect; or (b) the word 'suicide' or words to that effect; or (c) information prescribed under a regulation.!" (7) A certificate is admissible in proceedings as evidence of its contents. (8) A copy of a source document is not admissible in proceedings as evidence of its contents. 17 Also see the Corrective Services Act 2000, section 19 (Registration of birth) for other information that must not be contained on a certificate. 0 ON ANH WNK eorAaann fF WN KF CO N ow NN Ne NN BW NY be WN Naw 30 s 45 36 s 48 Births, Deaths and Marriages Registration Bill 2003 (9) If an application relates to historical information, the application may be made by electronic means. 45 Information policies (1) The registrar may allow an entity to obtain information contained in a register other than under section 44.!8 (2) The registrar must maintain a written statement of the policies relating to who may obtain the information under subsection (1). (3) The registrar must give a copy of the statement to any person who asks for it. 46 Protection of privacy (1) This section applies if the registrar gives an entity, or allows an entity to obtain, information contained in a register. (2) The registrar must, as far as practicable, protect the persons to whom the information relates from unjustified intrusion on their privacy. (3) For this purpose, the registrar may impose conditions when giving someone information, or access to information, contained in a register. 47 Control of records Despite the Public Records Act 2002, the registrar is to retain control over access to any information supplied or records maintained under this Act. 48 Additional services (1) Subject to section 46,'° the registrar may enter into an arrangement with an entity for the provision of information in a register that is in the public interest, including information in bulk or historical or genealogical information. Examples of a person who the registrar may enter into an arrangement with— A department, or non-profit organisation, conducting medical research. 18 Section 44 (Obtaining information from the register) 19 Section 46 (Protection of privacy) Ne Com AD NH W Dun FW NF OS ao ns 2325 s 49 37 s51 Births, Deaths and Marriages Registration Bill 2003 (2) If the registrar enters into an arrangement, the registrar may charge a fee for the service that is not more than the actual cost of providing the service. PART 8—GENERAL 49 Appealing registrar's decisions (1) A person who is dissatisfied with a decision of the registrar may appeal to the District Court. (2) The District Court may— (a) confirm, amend or reverse the registrar's decision; or (b) make consequential and ancillary orders and directions. 50 False or misleading representation (1) A person must not give information to a person under this Act that the person knows is false or misleading in a material particular. Maximum penalty—80 penalty units. (2) Subsection (1) does not apply to information given in a document, if the person when giving the document— (a) informs the person being given the document, to the best of the person's ability, how the information is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was 'false or misleading', without specifying whether it was false or whether it was misleading. 51 Unauthorised access to or interference with register (1) A person must not, without lawful authority— (a) access a register or information in a register; or (b) make, alter or delete an entry in a register; or om nNnnn WN Cory AN FB WN NO ow NNW WNe 2527 s52 38 s 54 Births, Deaths and Marriages Registration Bill 2003 (c) interfere with a register in any other way. Maximum penalty—100 penalty units. (2) Without limiting subsection (1), a person has lawful authority to do something in that subsection if— (a) the person is doing the thing to carry out a function under this or another Act; or (b) the registrar has authorised the person to do the thing. 52 Proceedings for offences (1) A proceeding for an offence against this Act is a summary proceeding under the Justices Act 1886. (2) The proceeding must start— (a) within 1 year after the offence was committed; or (b) within 6 months after the offence came to the complainant's knowledge, but within 2 years after the offence was committed. 53 False certificates The registrar may confiscate— (a) a document that the registrar reasonably believes bears a forged facsimile of the registrar's signature or seal; or (b) a certificate or other document purporting to be a certificate or other document under this Act that the registrar reasonably believes has been forged; or (c) acertificate under this Act about a registrable event if the entry in a register about the event has been amended or cancelled since the certificate was issued. 54 Protection from liability (1) The registrar, the deputy registrar, and the registrar's staff do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. NAN BW NY BW NF OC mar nn 2327 s55 39 s 56 Births, Deaths and Marriages Registration Bill 2003 (2) In particular, the registrar, the deputy registrar and the registrar's staff do not incur civil liability for information contained in a document that is obtained under section 44.7 (3) If subsection (1) or (2) prevents civil liability attaching, the liability attaches instead to the State. 55 Approved forms (1) The chief executive may approve forms for use under this Act. (2) An approved form is not properly completed unless— (a) (b) the form is completed in English; and if a regulation prescribes particulars to be application information for the form—the form contains the prescribed particulars. 56 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) For example, a regulation may— (a) (b) ©) (d) () (f) (g) impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation; and prescribe information to be contained in a particular approved form, certificate, extract or register; and prescribe information to be contained on the registrar's seal; and prescribe the way in which a register is to be corrected; and prescribe information that a court may consider when deciding or changing a child's name; and prescribe fees for this Act, including for example, a fee for the registration of information under a court order; and prescribe an area of the State to be a registry district. 20 Section 44 (Obtaining information from the registrar) onan ad nak WNre NRO Com ND NW & W 21 23 25 s57 40 s58 Births, Deaths and Marriages Registration Bill 2003 PART 9—TRANSITIONAL PROVISIONS 57 Transitional provisions (1) A certificate or other document issued under the Registration of Births, Deaths and Marriages Act 1962 is taken to have been issued under this Act. (2) The registers kept under the Registration of Births, Deaths and Marriages Act 1962 form part of the registers under this Act. (3) The person holding office as registrar general immediately before the commencement of this Act continues as the registrar under this Act. (4) The person holding office as deputy registrar general immediately before the commencement of this Act continues as the deputy registrar under this Act. (5) The Registration of Births, Deaths and Marriages Act 1962 continues to apply to— (a) an application that was made under that Act but has not been decided before the commencement of this section; and (b) adocument that was lodged under that Act but has not been dealt with before the commencement of this section; and (c) a notation or registration that was started under that Act but has not been completed before the commencement of this section. (6) The Registration of Births, Deaths and Marriages Act 1962, sections 32, 33 and 35 continues to apply to a pre-commencement death as defined in the Coroners Act 2003. PART 10—REPEAL AND CONSEQUENTIAL AMENDMENTS 58 Repeal The Registration of Births, Deaths and Marriages Act 1962 is repealed. Com IAD WHKW VY ON DANN FW NYKO N ow NNW WN 25 27 s59 41 s 59 Births, Deaths and Marriages Registration Bill 2003 59 Consequential amendments Schedule 1 amends the Acts it mentions. Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 1 CONSEQUENTIAL AMENDMENTS 2 section 59 3 ADOPTION OF CHILDREN ACT 1964 4 1__ Section 6, definition "registrar general"— omit, insert— ' "registrar general' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. mar nn CORONERS ACT 2003 9 1 Section 8(3)(h)— 0 omit. 2 Section 12(2)(b)(v)— 2 omit. 3 After section 24— insert— '24A Autopsy certificate '(1) This section applies to a doctor who conducts an autopsy. '(2) As soon as practicable after completing an autopsy, the doctor must— omrnNn nn (a) complete an autopsy notice in the approved form; and 20 (b) give the notice to the registrar under the Births, Deaths and 21 Marriages Registration Act 2003. 22 Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) '(3) As soon as practicable after the doctor determines the cause of death, or the doctor finally decides that the doctor can not determine the cause of death, the doctor must— (a) complete an autopsy certificate in the approved form; and (b) give the certificate to the registrar under the Births, Deaths and Marriages Registration Act 2003. Example— After completing an autopsy, the doctor may decide that the doctor can not determine the cause of death until the doctor receives the results of toxicology tests. If the results of the toxicology tests are inconclusive, the doctor may finally decide that the doctor can not determine the cause of death. '(4) If, after completing an autopsy, the doctor determines the cause of death, or the doctor decides that the doctor can not determine the cause of death the doctor need not comply with subsection (2). '(5) However, if the doctor is unable to do something required by subsection (2) or (3), another appropriately qualified doctor can do the thing. '(6) In this section— "approved form" means a form approved by the chief executive of the department in which the Births, Deaths and Marriages Registration Act 2003 is administered. "autopsy" includes a post-mortem examination under the Coroners Act 1958.'. 4 Section 25(2)— omit, insert— '(2) However, if the doctor is unable to do something required by subsection (1), another appropriately qualified doctor can do the thing.'. 5 Section 45(2)(d)— omit, insert— '(d) where the person died, and in particular whether the person died in Queensland; and'. Com rN DN FB WNeK eoarADNMN BWN KO Nw re Ow NN WN 25 27 29 31 Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) 6 Section 95(2)(a)(D— omit, insert— 'Gi) a certificate of the cause of death under the Births, Deaths and Marriages Registration Act 2003 has been issued with the coroner's consent; or'. 7 After section 96— insert— '97 Notifying registrar when body is released and investigation ends '(1) When a coroner orders the release of a deceased person's body for burial, or to another jurisdiction, under section 26,2! the coroner must give a copy of the order to the registrar under the Births, Deaths and Marriages Registration Act 2003. '(2) On completion of an investigation into a death, a coroner must give the registrar under the Births, Deaths and Marriages Registration Act 2003 a written notice, in the approved form, that states— (a) (b) (c) (d) (e) (f) who the deceased person was; and when the person died; and where the person died, and in particular whether the person died in Queensland; and what caused the person to die; and the date of the coroner's findings; and whether or not an inquest has been held into the death, and if an inquest has been held, the date and place of the inquest. '(3) In this section— "approved form" means a form approved by the chief executive of the department in which the Births, Deaths and Marriages Registration Act 2003 is administered.'. 21 Section 26 (Control of body) NRW NY onan ad COomA NY WD NPW NK CO NY WY - OC NN WN N & Now UDAN Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) 8 Part 6, before section 100— insert— 'Division 1—Transitionals for Act as enacted'. 9 Part 8— omit, insert— 'Division 2—Transitionals for Births, Deaths and Marriages Registration Act 2003 '106 Deaths reported under the old 3 month rule '(1) This section applies to a death reported under section 8(3)(h) as in force immediately before the commencement of this section. '(2) This Act as in force immediately before the commencement of this section continues to apply to the death.'. 10 Schedule 2, definition "cause of death certificate', paragraph (a)— omit, insert— '(a) a cause of death certificate under the Births, Deaths and Marriages Registration Act 2003; or'. 11 Schedule 2, definition "cause of death certificate", paragraph (b), 'Registration of Births, Deaths and Marriages Act 1962'— omit, insert— 'Births, Deaths and Marriages Registration Act 2003'. 12 Schedule 2, definition "stillborn child"— omit, insert— ' "stillborn child" means a stillborn child as defined in the Births, Deaths and Marriages Registration Act 2003.'. oo WAND NN SF NOR AUD NN PW ow 21 23 25 Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) CORRECTIVE SERVICES ACT 2000 1 Section 19(2), 'Registration of Births, Deaths and Marriages Act 1962'—— omit, insert— 'Births, Deaths and Marriages Registration Act 2003'. CREMATIONS ACT 2003 1 Schedule, definition "Queensland cause of death certificate"— omit, insert— ' "Queensland cause of death certificate" means— (a) either of the following certificates under the Registration of Births, Deaths and Marriages Act 1962— (i) a medical certificate of the cause of death, other than a certificate mentioned in section 31 of that Act; or (ii) a medical certificate of the cause of peri-natal death, other than a certificate that section 24(4) of that Act deems not to be a medical certificate as to the cause of death; or (b) a cause of death certificate under the Births, Deaths and Marriages Registration Act 2003.'. 2 Schedule, definition "stillborn child"— omit, insert— ' "stillborn child" means a stillborn child as defined in the Births, Deaths and Marriages Registration Act 2003.'. na Wh CI ANF WHY KO 22 Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) HEALTH ACT 1937 1 'Part 3, division 1— omit. JUVENILE JUSTICE ACT 1992 1 Section 224(1), definition "document" and (2)(b)(i), 'Registration of Births, Deaths and Marriages Act 1962'— omit, insert— 'Births, Deaths and Marriages Registration Act 2003'. LAND TAX ACT 1915 1 Section 17A— insert— '(4) In this section— "registrar-general'' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. POLICE POWERS AND RESPONSIBILITIES ACT 2000 1 Schedule 4, definition "registrar-general"— omit, insert— ' "registrar-general'' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. onan BW NF OC Nn on na Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 1 (continued) PUBLIC TRUST ACT 1978 1 Section 124— insert— '(2) In this section— "registrar-general'' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. STATUS OF CHILDREN ACT 1978 1 Section 9(5)— omit, insert— "(5) In this section— "registrar-general'' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. WITNESS PROTECTION ACT 2000 1 Section 38(1)(d), 'Registration of Births, Deaths and Marriages Act 1962'— omit, insert— 'Births, Deaths and Marriages Registration Act 2003'. 2 Schedule 2, definition "registrar-general'"— omit, insert— ' "registrar-general'' means the registrar under the Births, Deaths and Marriages Registration Act 2003.'. Daun ff WN ND WSs 21 Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 2 DICTIONARY section 4 "application information" see section 41.22 "autopsy" means an autopsy or post mortem under— (a) the Coroners Act 1958, the Coroners Act 2003 or the Transplantation and Anatomy Act 1979; or (b) a law of another State or country that corresponds to an Act mentioned in paragraph (a). "birth"? means the expulsion or extraction of a child from its mother. "birth registration application" see section 9.2 "cause of death certificate" see section 30.24 "certificate" includes an extract. "child" includes a stillborn child. "coroner" means a coroner under the Coroners Act 2003. "corresponding law" means a law of another State that provides for the registration of births, deaths and marriages. "death registration application" means a death registration application under section 29.?5 "deputy registrar' see section 35(1).?6 "fee" includes a tax. "guardian" means a guardian who has been appointed under a law of a State or the Commonwealth. 22 Section 41 (Registering events in register) 23 Section 9 (How to apply to register the birth of a child) 24 Section 30 (Cause of death certificate) 25 — Section 29 (How to apply to register the death of a person) 26 Section 35 (The deputy registrar) Com ND Nn & COoOmM ANID NN FP WN KF CO NY WY - OC NN WN Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 2 (continued) "historical information" means information in a register that relates to an event that was registered before a period prescribed under a regulation. Example— A regulation may prescribe that the information in the birth register for any births that were registered more than 90 years ago is historical information. "marriage certificate" means an official certificate of marriage under the Marriage Act 1961 (Cwlth), section 50.2' "midwife"? means a midwife within the meaning of the Nursing Act 1992. "non-Queensland coroner" means a person who holds a position equivalent to a coroner in another State. "non-Queensland court'? means— (a) acourt of another State; or (b) a Commonwealth court. "person" includes a child. "prohibited name" means a name that— (a) is obscene or offensive; or (b) could not practically be established by repute or usage— (i) because it is too long; or (ii) because it consists of, or includes, symbols without phonetic significance; or (iii) for another reason; or (c) includes or resembles an official title or rank; or (d) is, or includes, a statement; or Examples— "Save Mother Earth" or "Down with Capitalism" (e) is contrary to the public interest for another reason; or (f) aregulation states is a prohibited name. 27 Marriage Act 1961, section 50 (Marriage certificates) 0 ON AUN Ff WNKe eaoarANIHnKDnN FF WN FO \o Nw - oO RO ee Oe Sd NAU FB WN N oo Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 2 (continued) "Queensland court' means a court of Queensland. "recognition certificate' means a certificate issued under the law of another State that identifies the person who is the subject of the certificate as— (a) having undergone sexual reassignment surgery; and (b) being the sex stated in the certificate. "register'', used as a noun, means— (a) aregister mentioned in section 40;?8 and (b) the Adopted Children Register under the Adoption of Children Act 1964. "register'', used as a verb, means to enter information about a registrable event into the register. "registering authority" means an authority responsible under a corresponding law for the registration of births, deaths and marriages. "registrable event" means— (a) a birth, death, marriage or change of name; or (b) an adoption under the Adoption of Children Act 1964; or (c) another event for which the registrar is required, under another Act, to record in a register. "registrar" see section 34(1)." "school of anatomy" means a school of anatomy under the Transplantation and Anatomy Act 1979. "seal" includes a stamp. "sexual reassignment surgery" means a surgical procedure involving the alteration of a person's reproductive organs carried out— (a) to help the person to be considered to be a member of the opposite sex; or (b) to correct or eliminate ambiguities about the sex of the person. 28 Section 40 (The registers) 29 Section 34 (The registrar) Co mN DN PWN om NI DN FW NK CO N Co NN Ne N w Nw ns Nw NO Births, Deaths and Marriages Registration Bill 2003 SCHEDULE 2 (continued) "stillbirth" means the birth of a stillborn child. "stillborn child" means a child— (a) who has shown no sign of respiration or heartbeat, or other sign of life, after completely leaving the child's mother; and (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400 g or more. "vessel" includes a hovercraft. © State of Queensland 2003 oOo mnN DN BW NY — Oo