Civil registration in Australia

Before the commencement of civil registration in each colony, records of baptisms, marriages and burials were kept by individual churches. Because early civil registration often involved the churches, it is sometimes difficult to distinguish whether early records are civil or church records.

Centralised compulsory civil registration was introduced in the Australian colonies in the 19th century, as follows: Tasmania in 1838, Western Australia in 1841,[1][2] South Australia in 1842, Victoria in 1853,[3] Queensland in 1856,[4] New South Wales in 1856, Northern Territory in 1870, and Australian Capital Territory in 1911. Civil registration was carried out by government employees independent of the churches.

Victoria — Births, Deaths and Marriages Registration Act 1996.

Today, the names of government registry offices are generally titled "Registry of Births Deaths and Marriages" or similar.[5]

In Victoria, the Registry of Births, Deaths and Marriages maintains records of all births, deaths, marriages, stillbirths, adoptions, legitimations and instruments of paternity which have occurred in Victoria since 1853. It now also has responsibility for the early church records from 1837 to 1853 which are the only source of births and deaths information for that period.

Births in Australia are required to be registered in the state or territory in which the birth takes place. If a baby is born in a hospital, the hospital will prepare a "Birth Registration Statement" or similar, which is signed by an appropriately licensed and authorized health professional, and forwards the statement to the appropriate state or territory registry office. If the baby is born at home, a statement is required from a registered midwife, doctor or two other witnesses other than the parent(s). Some states require a baby of an unplanned birth to be taken to a hospital within 24 hours.[6] Some states also require still-births to be registered in the same way as regular births.

Birth certificates

An Australian Capital Territory birth certificate.

Once registered, a separate application (which sometimes can be done along with the Birth Registration Statement) can be made for an official birth certificate, generally at a fee. The person(s) named or the parent(s) can apply for a certificate at any time.[7] Generally, there is no restriction on re-applying for a certificate at a later date, so it could be possible to legally hold multiple original copies.

The state or territory issued birth certificate is a secure A4 paper document, generally listing: Full name at birth, sex at birth, parent(s) and occupation(s), older sibling(s), address(es), date and place of birth, name of the registrar, date of registration, date of issue of certificate, a registration number, with the signature of the registrar and seal of the registry printed and/or embossed.

Most states allow for stillbirths to be issued a birth certificate. Some states issue early pregnancy loss certificates (without legal significance if before 20 weeks).[8] Depending on the state or territory, amendments on the certificate are allowed to correct an entry, add ascendant, recognize same-sex relationship,[9] and changing the sex of the holder is possible in all states and territories.[10]

The full birth certificate in Australia is an officially recognized identity document generally in the highest category.[11] The birth certificate assists in establishing citizenship. Shorter and/or commemorative birth certificates are available; however, they are not generally acceptable for identification purposes.[12]

Medical practitioners are required to complete and lodge a medical certificate of cause of death.[15] In Victoria, a doctor must notify the registrar within 48 hours of a death if the doctor was responsible for the person's medical care immediately before death or examined the deceased person's body after death. “Reportable” and “reviewable” deaths will normally need to be reported to the coroner or police.[16]

The doctor must also give a copy of the certificate of cause of death to the funeral director, who needs to sign it before a funeral or cremation.[17] Funeral directors will also need some personal information about the deceased, such as birth details, death and burial, family members and home address and occupation. The next of kin (eg., the current spouse, parent or child of the deceased) may need to get a birth and marriage certificate for the information. The funeral director will register the death at the registry office within seven days (though this varies from state to state) of the funeral or cremation, and can at the same time apply for an official death certificate on behalf of the next of kin. Family members can apply for a death certificate at any time, but it may take several weeks before a death certificate is produced.

The official death certificate is normally needed for legal and financial purposes, such as accessing pension benefits, claiming life insurance or selling assets. They are also needed if an application for probate or administration is required. The state registrars are required to advise the Australian Electoral Commission of the death of a person, to enable the AEC to remove the deceased from the electoral rolls.

Though marriage in Australia is regulated under federal law, the registration of marriages takes place in the registry office in the state or territory in which the marriage took place.[18]

Under federal law, a celebrant issues a certificate at the time of marriage, which is forwarded to the state or territory registry. A similar (sometimes cut-down) document is often given to the couple on the day of the marriage, and is generally handwritten. While legally valid as proof of marriage, it is not generally acceptable as an official document.

Since 2018, Australian federal law has recognised same-sex marriages.[19] These marriages are registrable and documented in the conventional way.

• Death certificate
• Marriage certificate