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Where am I now? Lawlink > Law Reform Commission > Publications > Guidelines for Reform

Discussion Paper 17 (1987) - Registration and Certification of Births and Deaths

Guidelines for Reform

How to obtain a copy of this Discussion Paper.

History of this Reference (Digest)


The views expressed in this paper have been considered and derived with the following principles in mind. The Commission believes that these principles should be the basis for reform.

  • It is an essential task of the Registry to record facts and events with accuracy.
  • The functions performed by the Registry are important to government and individuals. Sufficient information should be recorded so as not to fetter these functions, but claims to privacy cannot be disregarded without sufficient justification.
  • Every child has a right to a name. Although registration of a name at birth does not fix the child with a name, birth certificates are important proof of identification in our society. It is important therefore to provide a mechanism for resolving disputes between parents over the name of a child.
  • A free choice of names should be encouraged, reflecting both the position at common law and the pluralistic nature of Australian society. The system should facilitate registration of any reputed and therefore lawful name.
  • Discrimination between married and unmarried parents and any unnecessary embarrassment to ex-nuptial children are undesirable.
  • The register should be capable of easy amendment where there has been a change of name which is recognised by the law.
  • Registration procedures should be administratively convenient to avoid the need for the Principal Registrar to make discretionary decisions or decisions on matters of law.



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