Birth Registration and Birth Certificates

The Victorian Law Reform Commission is conducting a consultation into birth registration and birth certificates, under the Births, Deaths and Marriages Registration Act 1996 (Vic).  The consultation paper is available at the Commission's website.  Submissions to this review are requested by 1 November 2012.

Midwives in Private Practice (MiPP) is preparing a response.

The following questions have been put, to guide responses:

Birth notification 

1. What particulars should the Registrar require at birth notification stage from the responsible person? 
2. Are you aware of any problems with, or do you have any suggestions for improvement of, the notification process? 

Birth registration 

1. Are you aware of any requirement of the registration process that may create barriers to people registering births, in particular people from culturally and linguistically diverse (CALD) or Indigenous communities, or vulnerable or disadvantaged people?
2. Can you suggest ways to make the process for birth registration more accessible, efficient and effective? 

Birth certificates 

1. Are you aware of any requirement of the process for obtaining a birth certificate that may create barriers to people registering births, in particular people from CALD or Indigenous communities, or vulnerable or disadvantaged people? 
2. Can you suggest ways to make the process for obtaining a birth certificate more accessible, efficient and effective? 
3. Should legislation provide for the automatic issue of a birth certificate once a birth has been registered? 

Fees for birth certificates

1. Do you think it is appropriate to charge a fee for a birth certificate? If so, does the current fee create a barrier to obtaining a birth certificate for some people?  
2. The Act allows for a fee waiver but this is rarely granted. What criteria should be applied to the grant of a waiver of fees for a birth certificate? 
3. Should a waiver be possible only on a case-by-case basis or should classes of people qualify (for example those in possession of a Health Care Card)? 
4. Should the criteria for the waiver of fees be explicitly stated in legislation or regulations? 
5. Alternatively, should a policy document outlining these criteria be required to be made public by the Victorian Registry of Births, Deaths and Marriages? 

Vulnerable groups 

1. Are vulnerable or disadvantaged people or those from CALD backgrounds or Indigenous communities more likely to encounter problems with registering a birth or applying for a birth certificate? If so why, and how?

Awareness and access 

1. Is it easy to find out what you need to know about registering a birth and obtaining a birth certificate? 
2. Are members of the community in general sufficiently aware of their obligations and rights to register a birth and to be issued with a certificate?
3. If not, what can be done to improve community awareness and what role should the Victorian Registry of Births, Deaths and Marriages have in improving awareness? 
4. Should legislation be amended to include promoting birth registration and the benefits of obtaining a birth certificate, as a specific function of the Registrar? 

Other 

1. Are you aware of legislative or policy developments in other jurisdictions that may be helpful to consider for Victoria? 
2. Is there anything else you would like to share with us on any aspect of birth registration and obtaining a birth certificate?