Queensland Consolidated Acts

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

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 8

Responsibility to apply to have birth registered

8 Responsibility to apply to have birth registered

(1) If the birth of a child must be registered in Queensland, the following persons must apply to register the birth—
(a) both parents of the child;
(b) if the child was found abandoned as a newborn—the person taking care of the child.
Penalty—
Maximum penalty—20 penalty units.
(2) However, the registrar may accept an application completed by only 1 of the parents if the registrar is satisfied—
(a) the applicant is unable or unwilling to give information as to the other parent’s identity or whereabouts; or
Examples—
1 The applicant does not know the father’s identity.
2 The applicant does not know the other parent’s whereabouts.
(b) the other parent is unable, unlikely or unwilling to sign the application; or
Examples—
1 The other parent is dead.
2 The other parent can not be located.
(c) the requirement under subsection (1) (a) for the other parent to apply to register the birth would cause the applicant unnecessary distress.
Examples—
1 The applicant is too frightened to contact the other parent because of a domestic violence situation.
2 Contact between the applicant and the other parent would breach a domestic violence order.
(2A) If the registrar accepts an application under subsection (2) (a) or (b) and has an address for the other parent, the registrar must, before registering the birth—
(a) give the other parent—
(i) written notice of the application; and
(ii) at least 14 days written notice of the registrar’s intention to register the birth; and
(b) ask the other parent to sign an application.
(2B) A failure of the registrar to comply with subsection (2A) , or a failure of the parent of a child to sign an application as requested under subsection (2A) (b) , does not prevent the registration of the child’s birth or affect the validity of the registration.
(3) Also, the registrar may accept an application from a person who is not responsible for having the child’s birth registered if the registrar is satisfied—
(a) the child’s parents are unable, or unlikely, to apply to register the birth; and
(b) the person knows the relevant facts.
(4) If the registrar does not receive an application under subsection (1) , (2) or (3) for a birth, the registrar may require 1 of the following persons to apply to register the birth—
(a) the person in charge of the place where the child was born;
(b) a person present at the birth;
(c) a person whom the registrar reasonably believes knows the relevant facts.
(5) A person must comply with the registrar’s requirement, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—20 penalty units.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback