Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005

2005/82

Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005


Note

These regulations are administered in the Department of Internal Affairs.


Pursuant to section 88 of the Births, Deaths, and Marriages Registration Act 1995, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • (1) Regulation 9(3) and Schedule 2 come into force on 1 July 2005.

    (2) The rest of these regulations come into force on 26 April 2005.

3 New regulations 5 and 5A substituted
  • The principal regulations are amended by revoking regulation 5 and substituting the following regulations:

    5 Information relating to solemnisation of marriage
    • The following information is prescribed for the purposes of sections 55 to 57, and 62D of the Act:

      • (a) in relation to both the bride and bridegroom,—

        • (i) full name:

        • (ii) full name at birth (if different from current name):

        • (iii) date of birth:

        • (iv) usual occupation, profession, or job:

        • (v) relationship status immediately before the marriage (never in a civil union and never married, previously in a civil union, previously married, or, in the case where the couple have changed the form of their relationship from civil union to marriage, the fact of the change being effected and the date and place of the earlier civil union):

        • (vi) if previously married or in a civil union, how and when the most recent marriage or civil union was dissolved:

        • (vii) place of birth:

        • (viii) usual residential address:

      • (b) in relation to the parents of the bride and bridegroom, full name, and surname or family name at birth (if different from current surname or family name):

      • (c) date of marriage:

      • (d) place of marriage.

    5A Information relating to solemnisation of civil union
    • The following information is prescribed for the purposes of sections 62B to 62D of the Act:

      • (a) in relation to both parties to the civil union,—

        • (i) full name:

        • (ii) full name at birth (if different from current name):

        • (iii) date of birth:

        • (iv) sex:

        • (v) usual occupation, profession, or job:

        • (vi) relationship status immediately before the civil union (never in a civil union and never married, previously in a civil union, previously married, or, in the case where the couple have changed the form of their relationship from marriage to civil union, the fact of the change being effected and the date and place of the earlier marriage):

        • (vii) if previously in a civil union or previously married, how and when the most recent civil union or marriage was dissolved:

        • (viii) place of birth:

        • (ix) usual residential address:

      • (b) in relation to the parents of the parties, full name, and surname or family name at birth (if different from current surname or family name):

      • (c) date of civil union:

      • (d) place of civil union.

4 Birth certificates
  • Regulation 6(a)(vii) of the principal regulations is amended by omitting the words usual occupation, profession, or job;.

5 New regulation 6A inserted
  • The principal regulations are amended by inserting, after regulation 6, the following regulation:

    6A Information relating to notification of death for registration
    • (1) Information that must be provided under section 47(1)(b) of the Act for electronic notification of a death for registration is the same information as is required by form 4.

      (2) However, a person notifying a death for registration under section 47(1)(b) of the Act—

      • (a) is not required to provide his or her signature; and

      • (b) must provide his or her contact email address.

6 Death certificates
  • (1) Regulation 7(a)(xi) of the principal regulations is amended by omitting the words usual occupation, profession, or job;.

    (2) Regulation 7(a) of the principal regulations is amended by revoking subparagraph (xii), and substituting the following subparagraphs:

    • (xii) relationship status immediately before death:

    • (xiia) in respect of each time (if any) that the person entered a civil union, the person's age at the time of the civil union, the place of solemnisation of the civil union, the civil union partner's full name at that time, and the sex and age of the partner when the person died (if still living at that time):

    • (xiib) in respect of each time (if any) that the person married, the person's age at the time of the marriage, the place of solemnisation of the marriage, the spouse's full name at that time, and the sex and age of the spouse when the person died (if still living at that time):

    • (xiic) in respect of each time (if any) that the person entered a de facto relationship, the partner's full name, and the sex and age of the partner when the person died (if still living at that time):

    • (xiid) the sex and age of the person's children when the person died (if still living at that time).

    (3) Regulation 7(a) of the principal regulations is amended by revoking subparagraph (xiv), and substituting the following subparagraph:

    • (xiv) the name of the doctor who certified the death and the date on which the person was last attended by the doctor or, as the case requires, the name of the doctor who completed a doctor's certificate in respect of the death:.

    (4) Regulation 7 of the principal regulations is amended by adding, as subclauses (2) and (3), the following subclauses:

    • (2) The number of a person's legal relationships for which details must be contained in a death certificate is limited to the 4 most recent relationships before death.

    • (3) In subclause (2), legal relationship means a marriage, civil union, or de facto relationship.

7 Marriage certificates
  • (1) Regulation 8(a) of the principal regulations is amended by omitting the words both to, and substituting the word both.

    (2) Regulation 8(a) of the principal regulations is amended by revoking subparagraphs (v) and (vi), and substituting the following subparagraphs:

    • (v) relationship status immediately before the marriage including, in the case where the couple have changed the form of their relationship from civil union to marriage, the fact of the change being effected and the date and place of the earlier civil union:

    • (vi) if previously married or in a civil union, how and when the most recent marriage or civil union was dissolved:.

    (3) Regulation 8(a) of the principal regulations is amended by adding the following subparagraph:

    • (xi) in relation to a couple who have changed the form of their relationship from marriage to civil union, the fact of that change being effected and the date and place of the civil union:.

    (4) Regulation 8(b) of the principal regulations is amended by omitting the words usual occupation, profession, or job;.

8 New regulation 8A inserted
  • The principal regulations are amended by inserting, after regulation 8, the following regulation:

    8A Civil union certificates
    • The following information is prescribed to be contained in a civil union certificate:

      • (a) in relation to both parties to the civil union,—

        • (i) full name:

        • (ii) full name at birth (if different from full name at time of civil union):

        • (iii) date of birth and age at the time of the civil union:

        • (iv) sex:

        • (v) usual occupation, profession, or job:

        • (vi) relationship status immediately before the civil union including, in the case where the couple have changed the form of their relationship from marriage to civil union, the fact of the change being effected and the date and place of the earlier marriage:

        • (vii) if previously in a civil union or previously married, how and when the most recent civil union or marriage was dissolved:

        • (viii) place of birth:

        • (ix) usual residential address (in full):

        • (x) new names or changes of name included (under section 62G of the Act) in the information relating to the person's birth recorded under the Act:

        • (xi) details (relating to any dissolution of civil union or conviction for bigamy) recorded under section 62E or section 62F of the Act:

        • (xii) in relation to a couple who have changed the form of their relationship from civil union to marriage, the fact of that change being effected and the date and place of the marriage:

      • (b) in relation to the parents of the parties, full name, and surname or family name at birth (if different from current surname or family name):

      • (c) date of civil union:

      • (d) place of civil union.

9 Schedule
  • (1) Form 2 in the Schedule of the principal regulations is amended—

    • (a) by inserting, after the words married to in each place where they appear, the words or in a civil union with:

    • (b) by inserting, after the word marriage in each place where it appears, the words or civil union.

    (2) The Schedule of the principal regulations is amended by revoking form 4, and substituting the form 4 in Schedule 1 of these regulations.

    (3) The Schedule of the principal regulations is amended by revoking forms 2 and 4, and substituting the forms 2 and 4 in Schedule 2 of these regulations in their appropriate numerical order.


Schedule 1
Form coming into force on 26 April 2005

r 9(2)

Form 4
Notification of death for registration

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.
.

Schedule 2
Forms coming into force on 1 July 2005

r 9(3)

Form 2
Notification of birth for registration

.
.
.

Form 4
Notification of death for registration

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.
.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Regulations 1995 ( the principal regulations). Most of the changes come into force on 26 April 2005, to match the commencement of the Civil Union Act 2004 and related amendments. Two forms (in Schedule 2) come into force on 1 July 2005 because they are largely consequential on the coming into force of the Care of Children Act 2004 and Status of Children Amendment Act 2004 on that date.

The main changes to the principal regulations are—

  • new regulation 5, relating to solemnisation of marriage, is substituted. The new regulation removes the requirement to provide details of the occupation, profession, or jobs of the parents of the bride and bridegroom when providing information for registration of a marriage. It requires information about any civil union immediately preceding a marriage, and accommodates the situation where a couple change the form of their relationship from civil union to marriage:

  • new regulation 5A is inserted to specify the required information for notification of a civil union for registration:

  • new regulation 6A is inserted to specify the required information for notification of a death for registration, including electronic notification:

  • regulation 7, relating to death certificates, is amended to accommodate information relating to civil unions and de facto relationships. Another amendment removes the requirement to provide details of the occupation, profession, or job of the deceased's parents. The regulation also makes it clear that details of a deceased person's legal relationships are required only for the 4 most recent relationships before death:

  • regulation 8, relating to marriage certificates, is amended to refer to any civil union immediately preceding the marriage and to accommodate a couple changing the form of their relationship from civil union to marriage:

  • new regulation 8A, which provides for civil union certificates, is inserted:

  • new forms for Notification of Birth for Registration and Notification of Death for Registration are substituted to reflect changes made by the Civil Union Act 2004 and related amendments, and the Care of Children Act 2004 and the Status of Children Amendment Act 2004. The main change to the forms allows for the details of a mother's same-sex partner to be included as other parent if the person was born as a result of an assisted human reproduction procedure and the partner consented to the procedure.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 April 2005.


  • 1 SR 1995/183