Part 1 Preliminary
1 Name of regulation
This regulation is the Births, Deaths and Marriages Registration Regulation 2025.
2 Commencement
This regulation commences on 1 July 2025.Note—This regulation repeals and replaces the Births, Deaths and Marriages Registration Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—CPI number, for Part 3—see section 15.fee unit—see section 17(1).financial year, for Part 3—see section 15.the Act means the Births, Deaths and Marriages Registration Act 1995.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Required information
4 Notification of birth
For the Act, section 12(1), the following particulars are required—(a) the sex of the child,(b) the date, time and place of birth of the child,(c) the weight of the child at birth,(d) whether the child was born alive or stillborn,(e) if the child was stillborn—the period of gestation of the child,(f) whether or not the birth was a multiple birth,(g) the full name of the birth mother of the child, including, if applicable, the original surname of the birth mother,(h) the date of birth of the birth mother of the child,(i) the usual place of residence, at the time of delivery, of the birth mother of the child,(j) the full name, occupation, contact phone number and email address, if any, of the person giving the notice.
5 Registration of birth
(1) For the Act, sections 14 and 17(1), the following particulars are required—(a) the sex of the child,(b) the date, time and place of birth of the child,(c) the weight of the child at birth,(d) whether or not the birth was a multiple birth,(e) the full name of each parent of the child, including, if applicable, the original surname of each parent,(f) the date of birth or age, place of birth and occupation of each parent of the child,(g) the usual place of residence, at the time of delivery, of each parent of the child,(h) if the parents of the child are married—the date and place of the marriage,(i) the full name, sex and date of birth of other children, including any deceased children, of either of the parents of the child,(j) whether or not either of the parents of the child is of Aboriginal or Torres Strait Islander origin,(k) if either parent of the child was born outside Australia—the period of residence in Australia of that parent.Note—A birth registration statement given to the Registrar under the Act, section 14 must also state the name of the child—see the Act, section 21.(2) The particulars specified in subsection (1) are not required if the person registering the birth is, after making all reasonable inquiries, unable to supply the particulars.(3) The particulars entered in the Register under the Act, section 17 must identify a parent of a child as the father or mother if the particulars supplied to the Registrar under the Act, section 14 specify that—(a) a parent who is the father of the child wishes to be identified in the Register as the father, or(b) a parent who is the birth mother of the child wishes to be identified in the Register as the mother.Note—Under the Act, section 43(2) the Registrar may include in the Register further information relating to a parent of a child the Registrar considers appropriate for inclusion.
6 Registration of adoption
For the Act, section 24(2), the following information is required—(a) the full name, sex and date and place of birth of the child to whom the record of adoption or discharge relates,(b) the full name of the child’s adoptive parent or parents including, if applicable, the original surname of each adoptive parent,(c) the date of birth or age, place of birth, occupation and usual place of residence of the child’s adoptive parent or parents,(d) if the adoptive parents of the child are married—the date and place of the marriage,(e) the full name and date of birth of other children of either of the adoptive parents, including—(i) adopted children, and(ii) deceased children.
7 Registration of deceased person’s former intention to adopt
For the Act, section 24A(2), the following information is required—(a) the full name and last residential address of the deceased person,(b) the date and place of death of the deceased person.
8 Registration of parentage orders
For the Act, section 25B(5), the following information is required—(a) the full name, sex and date and place of birth of the child to whom the State parentage order, Interstate parentage order or discharge of the order relates,(b) the full name of the child’s intended parent or parents including, if applicable, the original surname of each intended parent,(c) the date of birth or age, place of birth, occupation and usual place of residence of the child’s intended parent or parents,(d) if the intended parents of the child are married—the date and place of the marriage,(e) the full name and date of birth of other children of either of the intended parents, including—(i) adopted children,(ii) children born as result of a surrogacy arrangement,(iii) deceased children.
9 Registration of change of name
(1) For the Act, section 31(1), the following particulars are required—(a) the sex and date and place of birth of the person whose change of name is being registered,(b) the full name of the person immediately before the change of name,(c) the full name first given to the person after birth and any other name shown on the person’s birth registration,(d) other former names of the person,(e) the new full name of the person,(f) the full names of the parents of the person as at the date of the person’s birth or registration of the person’s birth.(2) In this section, former name of a person includes—(a) a name acquired by the person informally by repute or usage, or(b) another name used by the person.
10 Registration of relationship
If the Registrar determines a relationship may be registered under the Relationships Register Act 2010, the following particulars must be registered in the Register—(a) the sex, full name, occupation and usual place of residence of each party to the relationship,(b) the date and place of birth of each party to the relationship,(c) the full names of the parents of each party to the relationship, including, if applicable, the original surname of each parent.
11 Information concerning human remains
(1) For the Act, section 41(1)(d), the following information is required from a funeral director or other person who arranges for the disposal of human remains—(a) the date and place of death of the deceased,(b) the sex, date of birth or age at death and place of birth of the deceased,(c) the date of disposal of the remains of the deceased,(d) the full name and business address of the funeral director or other person who arranged for the disposal of the remains,(e) the usual occupation of the deceased before death,(f) whether or not the deceased was a pensioner or was retired immediately before death,(g) if the deceased was born outside Australia—the period of residence in Australia of the deceased before death,(h) whether or not the deceased was of Aboriginal or Torres Strait Islander origin,(i) whether, immediately before death, the deceased was married, divorced, widowed, in a registered relationship or an interstate registered relationship, in a de facto relationship or had never married,(j) if the deceased had married one or more times—(i) the date of each marriage or age of the deceased at the date of each marriage, and(ii) the place of each marriage, and(iii) the full name of each spouse, including, if applicable, the original surname of each spouse,(k) if the deceased had been in one or more registered relationships or interstate registered relationships—(i) the date of registration of each relationship or age of the deceased at the date of each registration, and(ii) the place of each registration, and(iii) the full name of each partner, including, if applicable, the original surname of each partner,(l) the full name of any de facto partner of the deceased, including, if applicable, the original surname of each de facto partner,(m) the full names, sex and date of birth or age of any children of the deceased, including deceased children,(n) the full name of each parent of the deceased, including, if applicable, the original surname of each parent,(o) the occupation of each parent of the deceased.(2) The information specified in subsection (1) is not required if the funeral director or other person who arranges for the disposal of human remains is, after making all reasonable inquiries, unable to supply the information.
12 Information concerning human remains removed from the State
(1) For the Act, section 41(2)(b), the following information is required from a funeral director or other person who arranges for the removal of human remains, other than cremated remains, from the State—(a) the full name and last residential address of the deceased,(b) the date and place of death of the deceased,(c) whether or not the death was reported to a coroner,(d) the sex, date of birth or age at death and place of birth of the deceased,(e) the date of disposal of the remains of the deceased,(f) the full name and business address of the funeral director or other person who arranged for removal of the remains,(g) the usual occupation of the deceased before death,(h) whether or not the deceased was a pensioner or was retired immediately before death,(i) if the deceased was born outside Australia—the period of residence in Australia of the deceased before death,(j) whether or not the deceased was of Aboriginal or Torres Strait Islander origin,(k) whether, immediately before death, the deceased was married, divorced, widowed, in a registered relationship or an interstate registered relationship, in a de facto relationship or had never married,(l) if the deceased had married one or more times—(i) the date of each marriage or age of the deceased at the date of each marriage, and(ii) the place of each marriage, and(iii) the full name of each spouse, including, if applicable, the original surname of each spouse,(m) if the deceased had been in one or more registered relationships or interstate registered relationships—(i) the date of registration of each relationship or age of the deceased at the date of each registration, and(ii) the place of each registration, and(iii) the full name of each partner, including, if applicable, the original surname of each partner,(n) the full name of any de facto partner of the deceased, including, if applicable, the original surname of each de facto partner,(o) the full names, sex and date of birth, or age, of any children of the deceased, including deceased children,(p) the full name of each parent of the deceased, including, if applicable, the original surname of each parent,(q) the occupation of each parent of the deceased.(2) The information specified in subsection (1)(e)–(q) is not required if the funeral director or other person who arranges for the removal of human remains from the State is, after making all reasonable inquiries, unable to supply the information.
13 Information concerning human remains not disposed of within 30 days after death
(1) For the Act, section 41(3)(c), the following information is required from a funeral director or other person who has custody of human remains that have not been disposed of within 30 days after the date of death—(a) the date and place of death of the deceased,(b) the sex, date of birth or age at death and place of birth of the deceased,(c) the full name and business address of the funeral director or other person who has custody of the remains of the deceased,(d) the usual occupation of the deceased before death,(e) whether or not the deceased was a pensioner or was retired immediately before death,(f) if the deceased was born outside Australia—the period of residence in Australia of the deceased before death,(g) whether or not the deceased was of Aboriginal or Torres Strait Islander origin,(h) whether, immediately before death, the deceased was married, divorced, widowed, in a registered relationship or an interstate registered relationship, in a de facto relationship or had never married,(i) if the deceased had married one or more times—(i) the date of each marriage or age of the deceased at the date of each marriage, and(ii) the place of each marriage, and(iii) the full name of each spouse, including, if applicable, the original surname of each spouse,(j) if the deceased had been in one or more registered relationships or interstate registered relationships—(i) the date of registration of each relationship or age of the deceased at the date of each registration, and(ii) the place of each registration, and(iii) the full name of each partner, including, if applicable, the original surname of each partner,(k) the full name of any de facto partner of the deceased, including, if applicable, the original surname of each de facto partner,(l) the full names, sex and date of birth or age of any children of the deceased, including deceased children,(m) the full name of each parent of the deceased, including, if applicable, the original surname of each parent,(n) the occupation of each parent of the deceased.(2) The information specified in subsection (1)(d)–(n) is not required if the funeral director or other person who has custody of human remains is, after making all reasonable inquiries, unable to supply the information.
14 Registration of death
(1) For the Act, section 42(1), the following particulars are required—(a) the date and place of death of the deceased,(b) the sex, date of birth or age at death and place of birth of the deceased,(c) the date of disposal of the remains of the deceased,(d) the usual occupation of the deceased before death,(e) whether or not the deceased was a pensioner or was retired immediately before death,(f) the full name and business address of the funeral director or other person who arranged for the disposal of the remains,(g) if the deceased was born outside Australia—the period of residence in Australia of the deceased before death,(h) whether or not the deceased was of Aboriginal or Torres Strait Islander origin,(i) whether, immediately before death, the deceased was married, divorced, widowed, in a registered relationship or an interstate registered relationship, in a de facto relationship or had never married,(j) if the deceased had married one or more times—(i) the date of each marriage or age of the deceased at the date of each marriage, and(ii) the place of each marriage, and(iii) the full name of each spouse, including, if applicable, the original surname of each spouse,(k) if the deceased had been in one or more registered relationships or interstate registered relationships—(i) the date of registration of each relationship, or age of the deceased at the date of each registration, and(ii) the place of each registration, and(iii) the full name of each partner, including, if applicable, the original surname of each partner,(l) the full name of any de facto partner of the deceased, including, if applicable, the original surname of each de facto partner,(m) the full names, sex and date of birth or age of any children of the deceased, including deceased children,(n) the full name of each parent of the deceased, including, if applicable, the original surname of each parent,(o) the occupation of each parent of the deceased.(2) The particulars specified in subsection (1) are not required if the person registering the death is, after making all reasonable inquiries, unable to supply the particulars.
Part 3 Fees—the Act, s 54
15 Definitions
In this part—CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.financial year means a period of 12 months commencing on 1 July.
16 Fees
(1) For the Act, section 54(1), Schedule 1 specifies fees for certain services provided by the Registrar.(2) For the Act, section 54(2), if a fee for a service provided by the Registrar is not specified in Schedule 1, the fee for the service is the fee fixed by negotiation between the Registrar and the person who asks for the service.
17 Calculation of fee unit
(1) For this regulation, a fee unit is as follows—(a) in the financial year 2025–26—$100,(b) in each later financial year—the amount calculated as follows—%20AND%20(No%3D0297)%20AND%20(Year%3D2025)%20AND%20(%22Historical%20Document%22%3D%222025-06-27%22))/g1.gif)
where—A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2025.(2) The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cent must be rounded down.(3) If the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead.
18 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down.
19 Notice of indexed fees
(1) As soon as practicable after the CPI number for the March quarter is first published by the Australian Bureau of Statistics, the Registrar must—(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount may be published on the NSW legislation website, and(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this part.(2) This part operates to change an amount of a fee that is calculated by reference to a fee unit and the change is not dependent on the notification or other notice required by this section.
Part 4 Miscellaneous
20 Execution of documents—the Act, s 10(1)
(1) For a digital certificate, a copy of the Registrar’s signature and seal is authorised to be produced in digital form.(2) In this section—digital certificate means an electronic certificate—(a) issued by the Registrar under the Act, and(b) displayed on a mobile phone or other electronic device.digital form includes a digitised, electronic or computer generated image.
21 Restricted persons—included classes
For the Act, sections 31B(2) and 32GA(2), persons subject to a re-integration home detention order, within the meaning of the Crimes (Administration of Sentences) Act 1999, are included as a class of restricted persons for the Act, Part 5, Division 3 and Part 5A, Division 6.
22 Restricted persons—exempt classes
(1) This section applies to persons who are inmates, parolees, periodic detainees, correctional patients, or are subject to a supervision order, only because of one or more the following reasons—(a) because of the commission or alleged commission of an offence under a law of the Commonwealth,(b) because the person is the subject of a warrant under of the Defence Force Discipline Act 1982 of the Commonwealth, section 170(1)(a), by which an authorised officer under that Act has committed the person to a correctional centre pursuant to a punishment of imprisonment imposed under that Act,(c) because the person is a detainee within the meaning of the Migration Act 1958 of the Commonwealth and is being held in a prison or remand centre referred to in that Act, section 5(1), definition of immigration detention, paragraph (b)(ii),(d) because the person is in the keeping of a correctional officer under the Crimes (Administration of Sentences) Act 1999, section 250.(2) For the Act, sections 31B(3) and 32GA(1)(b), persons to whom this section applies are prescribed as not being restricted persons for the Act—(a) Part 5, Division 3, and(b) Part 5A, Division 6.
23 Exemption from additional requirements to register change of name—the Act, s 31H
A person is exempt from the Act, section 31F if the person is a former serious offender only because of the commission or alleged commission of an offence under a law of the Commonwealth.
24 Definition of “qualified counsellor”
(1) For the Act, section 32A, definition of qualified counsellor, a person has the prescribed qualifications if the person is—(a) a medical practitioner, or(b) a psychologist, or(c) a nurse practitioner, or(d) eligible to be a clinical member of the Psychotherapy and Counselling Federation of Australia, or(e) eligible for membership of the Australian Association of Social Workers.(2) In this section—nurse practitioner means a person registered under the Health Practitioner Regulation National Law (NSW) to practise in the nursing profession whose registration is endorsed as being qualified to practise as a nurse practitioner.Note—For the meaning of references in this section to a medical practitioner or psychologist see the Interpretation Act 1987, section 21D and the Health Practitioner Regulation National Law (NSW).
25 Law enforcement agencies
For the Act, section 46A(5)(d), Corrective Services NSW is prescribed as a law enforcement agency.
26 Repeal and savings
(1) The Births, Deaths and Marriages Registration Regulation 2017 is repealed.(2) An act, matter or thing that, immediately before the repeal of the Births, Deaths and Marriages Registration Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fees payable
clause 16(1)
1 Definitions
In this schedule—family history certificate means a certificate issued by the Registrar in relation to a search of the Register for—(a) a birth over 100 years ago, or(b) a death over 30 years ago, or(c) a marriage over 50 years ago.priority processing means the processing of an application ahead of other applicants.standard certificate—(a) means a certificate issued by the Registrar following a search under a particular name that is—(i) a certificate certifying particulars contained in an entry in the Register, or(ii) a No Trace certificate certifying that no entry was found in the Register about a relevant registrable event, and(b) does not include a family history certificate or a certificate issued under the Act, section 50(2).
2 Table of fees
3 Postage and handling fees
The fee for postage and handling for mailing a standard certificate, family history certificate or a certificate issued under the Act, section 50(2) is as follows—(a) for a certificate mailed to an address within Australia—$11,(b) otherwise—$20.