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Registration of Deaths Abroad Regulations 2018

Authoritative Version
Regulations as made
These regulations repeal the Registration of Deaths Abroad Regulations 1985 and prescribe the manner of making an application for the registration of a death abroad.
Administered by: Foreign Affairs and Trade
Registered 22 Mar 2018
Tabling HistoryDate
Tabled HR26-Mar-2018
Tabled Senate26-Mar-2018
Table of contents.

 

Registration of Deaths Abroad Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 March 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Julie Bishop

Minister for Foreign Affairs

 

 

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Registration of deaths—application                                                                                   3

6............ Form of application for registration............................................................................... 3

7............ Manner of making application for registration............................................................... 3

8............ Additional particulars for application for registration.................................................... 3

Part 3—Registration of deaths—Certificate of Death Abroad                                            4

9............ Particulars to be contained in Certificate of Death Abroad............................................ 4

10.......... Particulars relating to person who has died................................................................... 4

11.......... Particulars relating to death, otherwise than by disappearance....................................... 4

12.......... Particulars relating to the Registrar................................................................................ 4

13.......... Particulars to be entered in the Register......................................................................... 5

Part 4—Miscellaneous                                                                                                                                   6

14.......... Fees............................................................................................................................... 6

15.......... Form of certificates by Registrar................................................................................... 6

16.......... Manner of giving notices............................................................................................... 6

Part 5—Application, saving and transitional provisions                                                          7

17.......... Things done under the Registration of Deaths Abroad Regulations 1985..................... 7

18.......... Application—fees.......................................................................................................... 7

Schedule 1—Forms                                                                                                                                 8

Form 1—Application for registration of a death abroad                                                        8

Form 2—Application for registration of the death abroad of a person who has disappeared  11

Form 3—Certificate for copy or extract of entry in the Register                                     15

Schedule 2—Repeals                                                                                                                                     16

Registration of Deaths Abroad Regulations 1985                                                                        16

 


Part 1Preliminary

  

1  Name

                   This instrument is the Registration of Deaths Abroad Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

23 March 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Registration of Deaths Abroad Act 1984.

4  Schedules

                   Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    Certificate of Death Abroad;

(b)    Register;

(c)    Registrar.

                   In this instrument:

Act means the Registration of Deaths Abroad Act 1984.

child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

Part 2Registration of deaths—application

  

6  Form of application for registration

                   For the purposes of paragraph 11(1)(a) of the Act, the form prescribed for an application for the registration of the death of a person is:

                     (a)  in the case of an application under subsection 10(1) of the Act—Form 1 in Schedule 1; or

                     (b)  in the case of an application under subsection 10(2) of the Act—Form 2 in Schedule 1.

7  Manner of making application for registration

                   For the purposes of paragraph 11(1)(b) of the Act, the manner prescribed for making an application for the registration of the death of a person is by giving the application to the Registrar.

8  Additional particulars for application for registration

                   For the purposes of paragraph 11(1)(m) of the Act, the other particulars prescribed for an application for the registration of the death of a person are:

                     (a)  in the case of an application under subsection 10(1) of the Act—the particulars mentioned in Form 1 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (e), (f), (g), (j) and (k) of the Act); or

                     (b)  in the case of an application under subsection 10(2) of the Act—the particulars mentioned in Form 2 in Schedule 1 (other than those mentioned in paragraphs 11(1)(c), (d), (h), (j) and (k) of the Act).

Part 3Registration of deaths—Certificate of Death Abroad

  

9  Particulars to be contained in Certificate of Death Abroad

                   For the purposes of subsection 15(1) of the Act, in relation to the registration of the death of a person, the particulars relating to the person, the death and the Registrar set out in this Part are prescribed.

10  Particulars relating to person who has died

                   The prescribed particulars relating to the person are the following:

                     (a)  surname;

                     (b)  given names;

                     (c)  date of death or date on which the person was last seen alive;

                     (d)  place of death or place at which the person was last seen alive;

                     (e)  gender;

                      (f)  date of birth;

                     (g)  place of birth;

                     (h)  last known occupation;

                      (i)  usual place of residence;

                      (j)  nationality;

                     (k)  relationship status;

                      (l)  surname, given names and any former name of spouse or de facto partner (if any);

                    (m)  first name, surname and date of birth of each child (if any);

                     (n)  surname, given names and any former surname of each parent.

11  Particulars relating to death, otherwise than by disappearance

                   For the death of a person otherwise than in circumstances mentioned in paragraph 9(1)(a) of the Act, the prescribed particulars relating to the death are the following:

                     (a)  cause of death;

                     (b)  name of medical practitioner, coroner or authority furnishing particulars;

                     (c)  date of burial or cremation;

                     (d)  place of burial or cremation.

12  Particulars relating to the Registrar

                   The prescribed particulars relating to the Registrar are the following:

                     (a)  name of the Registrar;

                     (b)  place of registration;

                     (c)  date application received by the Registrar.

13  Particulars to be entered in the Register

                   For the purposes of section 16 of the Act, all particulars contained in a Certificate of Death Abroad are required to be entered in the Register.

Part 4Miscellaneous

  

14  Fees

             (1)  For the purposes of subsection 19(3) of the Act, the fee prescribed is the sum of the fixed component and the variable component.

             (2)  In this section:

fixed component means $9.

variable component means:

                     (a)  for an application made in the financial year ending on 30 June 2018—$46; or

                     (b)  for an application made in a later financial year—the variable component for an application made in the previous financial year increased by 4% (rounded down to the nearest dollar).

15  Form of certificates by Registrar

                   For the purposes of paragraph 19(3)(b) of the Act, Form 3 in Schedule 1 is prescribed as the form for certification by the Registrar of a copy of, or an extract from, an entry in the Register.

16  Manner of giving notices

                   For the purposes of subsections 20(4), 21(4) and 22(4) of the Act, a notice to a person who applied for the registration of a death may be given by sending it by registered post addressed to the person at the person’s address given in the application.

Part 5Application, saving and transitional provisions

  

17  Things done under the Registration of Deaths Abroad Regulations 1985

             (1)  If:

                     (a)  a thing was done for a particular purpose under the Registration of Deaths Abroad Regulations 1985 as in force immediately before those Regulations were repealed; and

                     (b)  the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

             (2)  Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

18  Application—fees

                   Section 14 applies in relation to applications made on or after the commencement of this instrument.


Schedule 1Forms

Note:       See sections 6 and 15.

Form 1Application for registration of a death abroad

  

 

BIRTHS, DEATHS AND MARRIAGES

 

 

APPLICATION TO REGISTER A DEATH ABROAD

Form 1 ‑ ADA

Registration of Deaths Abroad Act 1984 (Cth)

Registration of Deaths Abroad Regulations 2018 (Cth)

 

Applicant’s phone number

 

 

Registration Number

(Office use only)

 

 

PARTICULARS OF DECEASED

Surname

Given Name(s)

 

 

Date of Death

Time of Death

Place of Death

                /              /

am/pm

 

If the death occurred on board a flying craft or ship: (a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of death (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage

 

(a)                                                                           (b)                                                           (c)

 

(d)                                                                           (e)

 

Date of Birth

Gender

Place of Birth

      /       /

 

 

Nationality

Last known occupation

 

 

Relationship status (e.g. married, de facto, single, divorced, widowed)

Surname of spouse or de facto partner (if applicable)

 

 

Former name of spouse or de facto partner (if applicable)

Given Name(s) of spouse or de facto partner (if applicable)

 

 

Children of the deceased (first name, surname)

Date of Birth

Gender

Deceased

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

Parent Surname (e.g. mother)

Parent Former Surname (if any)

Parent Given Name(s)

 

 

 

Parent Surname (e.g. father)

Parent Former Surname (if any)

Parent Given Name(s)

 

 

 

 

Details of Residence

Usual place of residence

 

Where person resided in Australia at any time, the address/es at which the person resided

Period of residence

 

 

 

 

 

 

 

 

Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.

(a)

(b)

(c)

(d)

 

Particulars of benefits payable by commonwealth

If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.

 

 

Medical particulars

Cause of death

 

 

 

 

 

Full name of medical practitioner, coroner or other authority furnishing medical particulars

 

 

BuRIAL/CREMATION PARTICULARS

Date of Burial/Cremation

Place of Burial/Cremation

                /              /

 

 

DeTAILS OF APPLICANT

Rank or Title

Surname

Given Name(s)

 

 

 

Relationship to deceased

If not related, period applicant knew the deceased

 

 

If not related, grounds on which the applicant knows the identity of the deceased

 

 

Has an application for registration of death been made to any authority and, if not the Registrar, which authority

 

If an application for registration of death was made to any authority, was the application refused and reason

 

 

DECLARATION BY APPLICANT

I,

                (full name)

being a

                                                (occupation)

of

                        (address)

Email address:

certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.

Signature:

Date:

Form 2Application for registration of the death abroad of a person who has disappeared

  

 

BIRTHS, DEATHS AND MARRIAGES

 

APPLICATION TO REGISTER A DEATH ABROAD OF A PERSON WHO HAS DISAPPEARED

Form 2 ‑ ADD

Registration of Deaths Abroad Act 1984 (Cth)

Registration of Deaths Abroad Regulations 2018 (Cth)

 

Applicant’s phone number

 

 

Registration Number

(Office use only)

 

 

PARTICULARS OF DECEASED

Surname

Given Name(s)

 

 

Date last seen alive

Time last seen alive

Place last seen alive

           /            /

am/pm

 

Date of Birth

Gender

Place of Birth

           /            /

 

 

Nationality

Last known occupation

 

 

Relationship status (e.g. married, de facto, single, divorced, widowed)

Surname of spouse or de facto partner (if applicable)

 

 

Former name of spouse or de facto partner (if applicable)

Given Name(s) of spouse or de facto partner (if applicable)

 

 

Children of the deceased (first name, surname)

Date of Birth

Gender

Deceased

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

 

      /       /

 

No      Yes

Parent Surname (e.g. mother)

Parent Former Surname (if any)

Parent Given Name(s)

 

 

 

Parent Surname (e.g. father)

Parent Former Surname (if any)

Parent Given Name(s)

 

 

 

 

DETAILS OF RESIDENCE

Usual place of residence

 

Where person resided in Australia at any time, the address/es at which the person resided

Period of residence

 

 

 

 

 

 

 

PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH

Grounds (if any) on which the applicant has reason to believe that the person: (a) was an Australian citizen (b) ordinarily resided in Australia or in an external Territory of Australia (c) was in receipt of a pension, allowance or benefit under the Social Security Act 1991 (d) was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.

(a)

(b)

(c)

(d)

If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of that benefit.

 

 

 

 

 

 

 

PARTICULARS OF WITNESSES

Surname of witness who last saw person alive

Given Name(s) of witness who last saw person alive

 

 

Address of witness who last saw person alive

 

 

Surname of other witness who last saw person alive

Given Name(s) of other witness who last saw person alive

 

 

Address of other witness last saw person alive

 

Surname of other witness who last saw person alive

Given Name(s) of other witness who last saw person alive

 

 

Address of other witness last saw person alive

 

 

Particulars of Disappearance

Such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant

 

 

 

 

 

 

 

 

 

Particulars of the grounds the applicant has for believing that the person has died

 

 

 

 

 

 

 

 

(a) name or flight number of flying craft or name of ship (b) name of carrier or registered owner (c) location of craft or ship at time of disappearance (d) port of origin of the flight or voyage (e) port of destination of the flight or voyage

 

(a)                                                                           (b)                                                                           (c)

 

(d)                                                                           (e)

 

 

Documents in support of application

List the documents furnished as evidence that the person is dead

 

 

 

 

 

 

 

DeTAILS OF APPLICANT

Rank or Title

Surname

Given Name(s)

 

 

 

Relationship to deceased

If not related, period applicant knew the deceased

 

 

If not related, grounds on which the applicant knows the identity of the person who has disappeared

 

 

Has an application for registration of death been made to any authority and, if not the Registrar, which authority

 

If an application for registration of death was made to any authority, was the application refused and reason

 

 

DECLARATION BY APPLICANT

I,

                (full name)

being a

                                                (occupation)

of

                        (address)

Email address:

certify that I have read this form thoroughly and that the particulars provided are correct. I understand that giving false or misleading information is a serious offence. I believe that the statements in the declaration are true in every particular.

Signature:

Date:

 

Form 3Certificate for copy or extract of entry in the Register

  

 

Registration of Deaths Abroad Regulations 2018

 

COMMONWEALTH OF AUSTRALIA

 

I hereby certify that the above particulars are contained in an entry in the Register kept in the Australian Capital Territory.

 

Given under my hand and seal this (insert date).

 

(signed)

Registrar of Deaths Abroad


Schedule 2Repeals

  

Registration of Deaths Abroad Regulations 1985

1  The whole of the instrument

Repeal the instrument.