Birth Registration and Birth Certificates: Report


8.1 The Commission at the outset of this report acknowledged the positive initiatives taken by the Victorian Registry of Births, Deaths and Marriages, particularly in recent times. The Commission’s recommendations contained in this report, if implemented, would build upon the work done by the Registry and in the Commission’s view would enhance that work. Further and significantly, the Commission’s recommendations, if implemented, would help secure the fundamental principles we all strive towards of recognising and securing every person’s right to be recognised and protected by the law.

ABC, ‘Dreyfus Joins Push for Free Birth Certificates’, ABC News (online), 4 April 2013


The Armidale Express, ‘Armidale Delegation Launches Birth Certificate Campaign’ The Armidale Express (online), 12 February 2013 <>

Australian Bureau of Statistics, Births, Australia, 2011, Cat No. 3301.0 <>

Australian Bureau of Statistics, 2011 Census Quick Stats (30 October 2012) <>

Australian Institute of Aboriginal and Torres Strait Islander Studies, Birth, Death and Marriage certificates: Fact Sheet 5 (2001)

Australian Institute of Health and Welfare, Australia’s Mothers and Babies 2009 (2011)

Castan Centre for Human Rights Law—Monash University, Castan Centre Symposium on Birth Registration and Birth Certificates (2 August 2011) <>

Castan Centre for Human Rights Law—Monash University, Shadow Report to the UN Committee on the Rights on the Child Regarding Australia’s Compliance with Article 7 of the Convention on the Rights of the Child (2011)

Castan, Melissa, Paula Gerber and Andy Gargett, ‘Indigenous Australians’ Access to Birth Registration Systems: A Breach of International Human Rights Law?’ (2011) 17(1) Australian Journal of Human Rights 55

Chesterman, John and Brian Galligan, Citizens Without Rights: Aborigines and Australian Citizenship (Cambridge University Press, 1997)

Committee on the Rights of the Child, General Comment No 10: Children’s Rights in Juvenile Justice, 44th sess, CRC/C/GC/10 (25 April 2007)

Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, 60th sess, CRC/C/AUS/CO/4 (19 June 2012)

Committee on the Rights of the Child, Concluding Observations of the Committee on the Rights of the Child Regarding Australia, CRC/C/AUS/CO4 (28 August 2012)

Consultative Council on Obstetric and Paediatric Mortality and Morbidity, Annual Report for the Year 2009 (2012)

Delbridge, Arthur, Macquarie Dictionary (Revised 3rd ed, 2003)

Department of Human Services (Victoria), First Time Parent Group Resource and Facilitation Guide for Maternal and Child Health Nurses (2001)

Department of Human Services (Victoria), Enhanced Maternal and Child Health Services Guidelines 2003–2004 (2003)

Department of Human Services (Victoria), Continuity of Care Protocol: A Communication Protocol for Victorian Public Maternity Services and the Maternal Child Health Service (2004)

Department of Human Services (Victoria), Protecting Victoria’s Children—Child Protection Practice Manual ‘Unidentified Abandoned Children’, Advice No 1556 (5 November 2012)

Department of Justice (Victoria), Language Services Policy and Guidelines for Working with Interpreters and Translators (2006)

Department of Justice (Victoria), Annual Report 2008–09 (2009)

Department of Justice (Victoria), Annual Report 2010–11 (2011)

Department of Justice (Victoria), Cultural Diversity Plan 2012–2016 (2013)

Department of Justice (Victoria), Victorian Aboriginal Justice Agreement Phase 3: A Partnership Between the Victorian Government and Koori Community (2013)

Department of Justice (Victoria), Living in Victoria: A Guide to the Law for Newly Arrived Communities (2013)

Gargett, Andrew, Paula Gerber and Melissa Castan, ‘A Right to Birth Registration in the Victorian Charter? Seek and You Shall Not Find’ (2011) 36(3) Monash University Law Review 1

Guivarra, Frank, Victorian Aboriginal Legal Service Co-operative, ‘Potential Legal Solutions’

(Paper presented at Castan Centre Symposium on Indigenous Birth Registration and Birth Certificates, Melbourne, 1 December 2009)

Human Rights and Equal Opportunity Commission, Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (1997)

Human Rights Council, Birth Registration and the Right of Everyone to Recognition Everywhere as a Person Before the Law, 19th sess, UN Doc A/HRC/RES/19/9 (3 April 2012)

Hume Riverina Community Legal Service, Registering the Birth of Your Baby (2009)

Kertesz, Margaret, Who am 1? Current Practice Strand, 100+ Points of Identity—Gathering Young People’s History for the Future: Final Report (2011)

Kertesz, Margaret, Who am 1? Current Practice Strand, A Backpack of Identity—What Happens to Records When Young People Change Placement? (2012)

The Northern Daily Leader, ‘Armidale Delegation Wants Free Birth Certificates for Every Child’ The Northern Daily Leader (online), 12 February 2013 <>

O’Brien, Susie, ‘Stillbirth Forms Changed after Mum’s ordeal’, Herald Sun (Melbourne),

18 October 2012

Parliamentary Counsel’s Committee, Protocol on Drafting National Uniform Legislation (3rd ed, July 2008)

Radio National, ‘Calls for Australian Babies to Get Free Birth Certificates’, RN Drive,

12 February 2013 (Waleed Aly)

Representatives from the University of New England and Community Mutual Group, ‘Minimbah BDM Sampler’ (3 May 2012) <>

The Royal Women’s Hospital, Submission No 89 to Joint Standing Committee on Migration, Parliament of Australia, Inquiry into Multiculturalism in Australia, 8 April 2011

Scrutiny of Acts and Regulations Committee, Parliament of Victoria, Review of the Charter of Human Rights and Responsibilities Act 2006, Victorian Government Response (March 2012)

Senate Community Affairs References Committee, Parliament of Australia, Forgotten Australians:
A Report on Australians who Experienced Institutional or Out-of-home Care as Children

Symeopoulous, John, Acting Registrar, ‘Registering Victorian Births’ (Paper presented at Maternal and Child Health Conference, Melbourne, 14 February 2012) <>

Victoria Legal Aid, Am I old enough? Common Legal Issues for Young People (2012)


Victorian Association for the Care and Resettlement of Offenders and Department of Justice (Corrections Victoria), Getting Started: A Guide to Getting Out—Vietnamese (2011)

Victorian Civil and Administrative Tribunal, Waiver of Fee Guidelines (2 April 2013)

Victorian Electoral Commission, Annual Report 2007–2008 (2008)

Victorian Government, Victorian Indigenous Affairs Framework (2006)

Victorian Government, Balert Boorron: The Victorian Plan for Aboriginal Children and Young People (2010–2020) (2010)

Victorian Government, Protecting Children: Protocol between Department of Human Services—Child Protection and Victoria Police (2012)

Victorian Koori Records Taskforce, Finding Your Story: A Resource Manual to the Records of the Stolen Generations in Victoria (2005)

Victorian Koori Records Taskforce, Wilam Naling…Knowing Who You Are…Improving Access to Records of the Stolen Generations Report (2006)

Victorian Koori Records Taskforce, Victorian Koori Records Taskforce: Final Report (2012)

Victorian Law Reform Commission, Assisted Reproductive Treatment and Adoption: Final Report, Report No 12 (2007)

Victorian Law Reform Commission, Law of Abortion: Final Report, Report No 15 (2008)

Victorian Law Reform Commission, Birth Registration and Birth Certificates: Consultation Paper (2012)

Victorian Ombudsman, Investigation into the Storage and Management of Ward Records by the Department of Human Services (2012)

Victorian Stolen Generations Taskforce, Report to Victorian Government (2003)

Walsh, Deborah and Wendy Weeks, What a Smile Can Hide: A Report on the Study of Violence Against Women During Pregnancy (The Royal Women’s Hospital, 2004)

Windsor, Tony [Member for New England], ‘Armidale Delegation Launches National Campaign for Free Birth Certificates’ (Media Release, 12 February 2013)