certificate.au

No. 01Birth certificates

Who can apply for a birth certificate

Your own certificate comes from the registry of the state or territory where your birth was registered, and a parent can also apply for their child’s while the child is young. Beyond that, each registry keeps its own list of who else may apply and what proof they must give, and the lists are not the same.

This is not a government website. General information, not legal advice. Applications go to the registry itself, and its own page, linked under each heading below, is the one to follow.

First, the birth has to be registered

A certificate is a copy of what the register holds, so there is nothing to copy until the birth is on it. New South Wales says a certificate can be ordered only once a birth is registered, and Queensland and South Australia both ask parents to register a birth before applying. If you were born interstate or overseas, the certificate comes from wherever the birth was registered, not from the state you live in now.

Who may apply, registry by registry

Each entry follows its registry’s own list, in that registry’s order. Where a registry’s licence allows it, the list is quoted; otherwise it is put in plain words.

New South Wales

You can apply if the birth or adoption was registered in NSW and the certificate is for yourself, or for a child in your care who is under 18. Anyone applying for someone else has to show they are eligible or have permission. The registry then sets out extra documents for:

  • guardians applying for a child, who add a copy of the guardianship order
  • legal practitioners applying for a client, who add their Law Society ID or practising certificate and a letter on letterhead
  • government casework practitioners applying for a child in the care of the Minister
  • an adult child born in Australia after 20 August 1986 who needs a parent’s certificate for an Australian passport or citizenship: with a living parent’s letter of authority, or without one, in which case the registry decides whether to send the certificate straight to the passport or citizenship authority
  • others acting for someone, with a letter of authority or written power of attorney, plus proof of identity for both people.

From Apply for a NSW birth certificate.

Victoria

If you were born in Victoria you can apply for your own certificate, and anyone can get a historical birth certificate more than 100 years old. You need no authorisation for your own child’s certificate while they are under 18, or for a person who has died and was born over 100 years ago. For any other adult, including your own child once they turn 18, you need their written authority: a letter with their residential address, daytime telephone number and signature, as well as proof of identity for both of you.

From Get a birth certificate and Get someone else’s birth certificate.

Queensland

Queensland’s page says you can apply if:

  • “you are the person”
  • “you are their parent”
  • “you are their legal guardian or have legal parental responsibility”
  • “you are their solicitor”
  • “you are an executor of the person’s estate.”

Others may be able to apply with supporting documents, which the registry lists separately.

From Get a birth certificate.

Western Australia

Western Australia sets out access in a table by type of applicant, each with the evidence it needs. In its order, the types are:

  1. historical: anyone aged 16 or over, for births 100 or more years ago
  2. family: the person named (under 16, with written consent from a parent named on the certificate); a parent named on it, with further conditions if an adult child has since changed name or sex; a custodian or guardian, with the document that proves it; a child, current spouse, brother, sister or grandparent, restricted unless they hold written authority from the person or a parent named, evidence that the person has died and the spouse is named on the death certificate, or evidence that the certificate is needed for a legal right or entitlement; and, for original adoption information, written authority from the Department for Communities
  3. deceased estate: an executor, administrator or the Public Trustee
  4. welfare agencies, on letterhead and acting for the person named
  5. state or federal courts, on court letterhead or with a court order
  6. law enforcement bodies, for an investigation, a prosecution, a warrant or a court order (not debt collectors or private investigators)
  7. medical organisations contacting people about a possibly life-threatening condition, referred to the Registrar
  8. government bodies with a right of access under law
  9. a solicitor acting for someone entitled under the family or estate rules
  10. other agents, including consulates, with written authority
  11. a power of attorney, which the registry checks before accepting.

From Birth registration and certificates, which has a separate table for certificates showing sex or gender before a registration was changed.

South Australia

Anyone born in South Australia can apply for their own certificate, and anyone can get one more than 100 years old. For someone else’s certificate, South Australia limits applicants to:

  • a parent of the child
  • the person’s own child
  • a legal guardian, with evidence if not a parent
  • a current spouse, with evidence where the surnames differ
  • an executor, administrator or trustee of the estate, with evidence of authority
  • a person holding written authority or a power of attorney, with evidence.

Each of them shows their connection to the person and gives a reason for applying.

From Birth certificates.

Tasmania

You can apply for your own. The other people Tasmania lists are:

  • a parent of a child
  • a person’s child
  • a child’s legal guardian, with evidence if not a parent
  • the person’s current partner, with evidence of the relationship
  • an estate’s executor, administrator or trustee, with evidence of authority
  • a person with written authority or a power of attorney, with evidence.

A certificate showing gender and change of name history goes only to the registered person, or to their parents while they are under 16, unless the person has died or is incapacitated. Any birth record more than 100 years old is open to all.

From Apply for a birth certificate.

Northern Territory

The Territory’s page describes how to apply rather than listing applicants: online, or with the paper application in person (in Darwin, Alice Springs, or at the Katherine and Tennant Creek court houses), by mail or by fax, always with identification documents. It does not set out who may apply.

From Apply for birth, death or marriage certificate.

Australian Capital Territory

Access Canberra says you can apply for an ACT birth certificate:

  • “when a birth is registered in the ACT”
  • “for yourself if you’re an adult”
  • “for your child if they’re under 18”
  • “for your adult child if they give you permission”
  • “for yourself if you’re under 18 and have parental permission”
  • “for your adopted child if you have their birth parents’ permission.”

Every request is assessed against the territory’s access policy.

From Apply for a birth certificate.

The forms a birth certificate can take

Most people need the standard certificate. The registries also issue other versions, and only some of them work as proof of identity.

Versions of a birth certificate, as the registries describe them
VersionWhat it isWhere the registry describes it
Standard certificate The legal certificate on security paper, used as proof of identity. ACT, Victoria
With or without sex shown Queensland offers an official certificate either way and warns that some organisations may not accept one without it. The ACT has made showing sex optional, and Tasmania offers several versions with or without gender and name change details. Queensland, ACT, Tasmania
Extract of birth Name, date and place of birth only, with no parents; not suitable for most identity purposes. Tasmania
Digital birth certificate In NSW, an optional version in the Service NSW app for people aged 16 to 21, alongside the paper one. Victoria is trialling digital certificates for children, which can be added later for a child born on or after 19 February 2019 and, during the trial, used for kinder enrolment in three local government areas. Service NSW, Victoria
Integrated Birth Certificate For people born in the ACT who were adopted: one legal document showing birth details before and after adoption, free of charge. ACT
Commemorative certificate A decorative keepsake. Each registry warns, in its own words, that it is not a document to rely on for identity; the next guide gives those words. All eight

Proving who you are when you apply

Applications come with proof of identity, and the rules vary. Queensland asks for three forms of identification, including proof of your home address, and copies sent by post must be certified. Victoria lets you verify your identity online with two documents, one of them with a photo, or send certified copies instead. South Australia drops the identity requirement for a certificate more than 100 years old. The guide to certified copies explains who can certify a copy for each of these.

One small instruction from NSW is worth keeping: it suggests not laminating a standard birth certificate, so that the document stays in its original state.

The other certificates

About this guide

certificate.au is a guide published by Dotto to Australian certificates of birth, marriage, change of name and death. This is not a government website. Sources are listed at the foot of each page, and where this guide and a registry’s page differ, the registry’s page is right.

General information, not legal advice.

Sources