Births, Deaths and Marriages Registration Act
Reviews of decisions made under the Births, Deaths and Marriages Registration Act 1996
From 5 July 2018, SACAT will have original and review jurisdiction under the Births, Deaths and Marriages Registration Act 1996. This will enable SACAT to make its own decisions under the Act and to review decisions of the Registrar of Births, Deaths and Marriages.
Types of Decisions that can be reviewed by SACAT
SACAT can review decisions of the Registrar of Births, Deaths and Marriages made in the performance or purported performance of their functions under the Act.
SACAT can review decisions of:
- the Registrar of Births, Deaths and Marriages made in the performance or purported performance of their functions under the Act
- the Registrar of Births, Deaths and Marriages to refuse to register the change of sex or gender identity of a child
- the Chief Executive of the Department for Child Protection to direct the Registrar of Births, Deaths and Marriages to change the name of a child who:
- is under the guardianship of the Chief Executive or a specified person until 18 years old or
- is under the guardianship of the Chief Executive or a specified person and has been for at least 24 continuous months.
Applications of this kind will be handled by SACAT’s Administrative and Disciplinary Stream.
There is no time limit to review a decision of the Regisrtar of Births Deaths and Marriages at SACAT under the Births, Deaths and Marriages Registration Act 1996.
To review a decision of the Chief Executive under section 25A(9) of the Act the application must be made within 28 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).
Before applying to SACAT for a review of a decision of the Registrar of Births, Deaths and Marriages you must:
- Have a copy of the decision which you want to challenge – you should include this with your application.
- Ensure you are ready to pay the required fee for making an application.
How to apply:
Click here to start an online application. In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘births’ as shown below and then scroll down to select the correct application type.
If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.
If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4-1 then option 4 - for matters relating to Births, Deaths and Marriages).
Attach a copy of the decision you are seeking to review:
You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at firstname.lastname@example.org , or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.
There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.
Click here to see a list of current fees and information about payment methods and fee waiver options.
Organisations that may be able to assist you:
- Births, Deaths and Marriages, Consumer and Business Services – 131 882 or www.cbs.sa.gov.au
- Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.