Report in relation to the Births, Deaths and Marriages Registration Bill 1998 and Acts Repeal and Amendment (Births, Deaths and Marriages Registration) Bill 1998

Report type:

Report

Report no:

Physical location:

Legislative Council Committee Office

Presentation date:

05/27/1998

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Executive Summary and Recommendations

Executive Summary and Recommendations

Executive Summary

The principal purpose of the Births Deaths and Marriages Bill ("the Principal Bill") is to retain the traditional framework of compulsory civil registration while facilitating the introduction of common services across Australia. The Principal Bill is pursuant to recommendations of the 1993 report entitled Project Link ("the Report") commissioned by the Standing Committee of Attorneys General. The report recommended the integration of State Registry services.

Features of the Principal Bill include provisions to -

-	enable the freedom of choice in naming of a child at the time of registration of birth, including the recognition of traditional and religious naming procedures of all ethnic groups;

-	allow children of the same parents to have different surnames, which is presently not available;

-	enable the Minister to enter into arrangements with other State and Territory Ministers for provision of improved registry services;

-	ensure that all births in WA are registered by making it compulsory for a hospital, doctor, midwife or other responsible person to notify Registrar of Births;

-	provide the Registrar with greater scope to record parentage details;

-	provide the Registrar with greater scope to receive and register information about a birth from a person other than a parent of a child;

-	enable the Registrar to give effect to a finding of court in relation to identity of a child’s parent;

-	recognise that both parents are equally responsible for the registration of the birth of a child;

-	remove any reference to the legitimacy of a child;

-	recognise a person’s right under common law to change their name; and

-	rationalise procedures for name changing.

The Committee’s report makes recommendations in relation to each and every clause of the Principal Bill and, where appropriate, provides comment on the clause. The Committee also makes recommendations in relation to each and every clause of the Amendment Bill, which is considered in the latter part of the report, and highlights where the Principal Bill changes existing legislation and procedures.

Recommended Amendments

The Principal Bill and the Amendment Bill be passed with the following amendments:-

1)	Paragraph (c) of the definition of “prohibited name” in clause 4 be deleted.

2)	The words “it is not practicable” in Clause 15 are deleted and the words “it is impracticable for the other parent to join or be required to join in the application because of his or her death, disappearance, ill health or unavailability or the need to avoid unwarranted distress.” be inserted.

3)	There be further examination of difficulties arising from the registration of names of people of Asian extraction.

4)	In clause 34(2), the words “the change of name may be registered under this Act if the Registrar considers that it is appropriate to do so” be deleted and the words “the Registrar is to register the change of name unless the personal safety of the person requires otherwise” be inserted.

5)	Clause 59 be amended to provide a maximum penalty of $10,000 for false representation.

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