Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 44

Obtaining information from the registrar

44 Obtaining information from the registrar

(1) A person or other entity may apply to the registrar, in writing, for any of the following (the
"requested information" )—
(a) a certificate or information about an event that is, or may be, in a register kept by the registrar;
(b) a copy of a source document.
(1A) The application may be given to the registrar electronically.
(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 requested information.
(3) In deciding whether an applicant has an adequate reason for obtaining the requested information, 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 state—
(a) 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) Despite subsection (5) (a) , a certificate need not state a person’s residential address if the person has satisfied the registrar that, because of exceptional circumstances, the person’s residential address should not be disclosed on the certificate.
Examples of exceptional circumstances—
1 The person is protected by a domestic violence order made under the Domestic and Family Violence Protection Act 2012 or an interstate order or registered New Zealand order under part 6 of that Act.
2 The person indicates that giving the information may put the person’s life at risk.
(7) 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.
Note—
Also see the Corrective Services Act 2006 , section 25 (Registration of birth) for other information that must not be contained on a certificate.
(8) A certificate is admissible in proceedings as evidence of its contents.
(9) The registrar may give requested information to an applicant electronically.
(10) Subsection (9) does not limit—
(a) a requirement of this Act about giving the requested information; or
(b) the Electronic Transactions (Queensland) Act 2001 .
(11) For the Constitution of Queensland 2001 , section 52 , issuing a commemorative certificate is a commercial activity.
(12) The registrar may not give requested information relating to a closed entry under section 41A except to the extent allowed under the Adoption Act 2009 , section 290 .
(13) The registrar may only give requested information relating to an entry closed under section 41D or 41E to any of the following persons—
(a) a birth parent for the parentage order;
(b) an intended parent for the parentage order;
(c) if the child for the parentage order is at least 18 years—the child;
(d) a guardian appointed under the Guardianship and Administration Act 2000 for any of the persons mentioned in paragraphs (a) to (c) ;
(e) if an administrator has been appointed under the Guardianship and Administration Act 2000 , section 14 , for the child—the administrator;
(f) if a personal representative has been appointed for the child—the personal representative;
(g) an officer of, or person acting for, a law enforcement body;
(h) the Attorney-General.
(14) When applying for information from a closed entry, a person mentioned in subsection (13) (d) , (e) or (f) must—
(a) produce to the registrar—
(i) a document verifying the person’s identity; and
(ii) the person’s instrument of appointment; and
(b) show that the information is required to discharge a function under the person’s appointment.
(15) When applying for information from a closed entry, a person mentioned in subsection (13) (g) must—
(a) produce a document verifying the person’s identity to the registrar; and
Example of documentary proof of an officer’s identity—
an identity card issued by a law enforcement body, with a photo of the officer, that states the officer’s name, rank and registered number
(b) show that the information is required to discharge—
(i) a function of the law enforcement body; or
(ii) the person’s duty as an officer of the law enforcement body.
(16) Despite subsection (13) , the registrar may give requested information relating to an entry closed under section 41D or 41E to a child who is under 18 years if the birth parents and the intended parent, or intended parents, for the parentage order consent to the child’s application for the information.
(17) For subsection (16) , a person’s consent is not required if—
(a) the person has died; or
(b) the child can not locate the person after making all reasonable enquiries.
(18) If the registrar issues a certificate from an entry closed under section 41D or 41E , the registrar must stamp the certificate or mark it in another way to indicate that the certificate is not for official use.
(19) In this section—

"birth parent" means—
(a) for a parentage order under the Surrogacy Act 2010 —a birth parent under that Act; or
(b) for another parentage order—a person corresponding, under the law of another Australian jurisdiction where the order was made, to a birth parent under the Surrogacy Act 2010 .

"commemorative certificate" means a certificate that is more decorative than another certificate.

"intended parent" means—
(a) for a parentage order under the Surrogacy Act 2010 — an intended parent under that Act; or
(b) for another parentage order—a person corresponding, under the law of another Australian jurisdiction where the order was made, to an intended parent under the Surrogacy Act 2010 .

"law enforcement body" means—
(a) the Queensland Police Service or a police service of another State; or
(b) the Australian Federal Police; or
(c) the Crime and Corruption Commission; or
(d) the Australian Crime Commission.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback