The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Department of Internal Affairs.

Pursuant to section 88(1)(ab) to (ad) of the Births, Deaths, Marriages, and Relationships Registration Act 1995, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
4	Ground for requesting non-disclosure direction be made
5	Ground for requesting non-disclosure direction be reinstated
6	Period during which non-disclosure direction remains in force
	Explanatory note
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Births, Deaths, Marriages, and Relationships Registration (Non-Disclosure Direction) Regulations 2008.

2 Commencement

These regulations come into force on 25 January 2009.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Births, Deaths, Marriages, and Relationships Registration Act 2021

non-disclosure direction has the meaning given to it by section 4 of the Act

personal representative has the meaning given to it by section 87 of the Act

Regulation 3 Act: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Regulation 3 non-disclosure direction: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Regulation 3 personal representative: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Regulation 3 registered information: revoked, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

4 Ground for requesting non-disclosure direction be made

(1)

A person, or a person’s personal representative, may request under section 102 of the Act that any or all of the following information not be disclosed to the public on the ground that the person or the person’s personal representative (as applicable) reasonably believes that disclosure of the information, or any part of the information, would be prejudicial to the personal safety of that person or their family:

(a)

birth information:

(b)

civil union information:

(c)

marriage information:

(d)

name-change information.

(2)

A person’s personal representative may request under section 102 of the Act that the death information of the person not be disclosed to the public on the ground that the person’s personal representative reasonably believes that disclosure of the person’s death information would be prejudicial to the personal safety of the person’s family.

Regulation 4: replaced, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

5 Ground for requesting non-disclosure direction be reinstated

A person, or a person’s personal representative, may request under section 104(2) that a non-disclosure direction be reinstated on the ground that the person or the person’s personal representative (as applicable) reasonably believes that disclosure of the information to which the non-disclosure direction relates, or any part of the information, would be prejudicial to the personal safety of that person or the person’s family.

Regulation 5: replaced, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

6 Period during which non-disclosure direction remains in force

(1)

The period prescribed for the purposes of section 104(1)(a) of the Act during which a non-disclosure direction remains in force is 5 years.

(2)

However, that period will expire earlier than 5 years if—

(a)

the person who is the subject of the relevant information sooner dies; and

(b)

the Registrar-General is satisfied of that fact.

Regulation 6(1): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Regulation 6(2)(a): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Rebecca Kitteridge,
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, which come into force on 25 January 2009, prescribe—

the ground for requesting a non-disclosure direction to be made, or to be reinstated, under the Births, Deaths, Marriages, and Relationships Registration Act 1995; and
the period during which a non-disclosure direction remains in force.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 23 October 2008.

Notes

1 General

This is a consolidation of the Births, Deaths, Marriages, and Relationships Registration (Non-Disclosure Direction) Regulations 2008 that incorporates the amendments made to the regulations so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57): section 147

Births, Deaths, Marriages, and Relationships Registration (Non-Disclosure Direction) Regulations 2008