2016]
The Prevention and Reduction of Statelessness in Australia
483
child.149 The UN Committee on the Rights of the Child has interpreted
immediate birth registration to mean that it should take place as soon as
practically possible, within ‘days rather than months’ after birth.150 The ‘right
to a birth certificate is necessarily implied into the right to [immediate] birth
registration’,151 since ‘[i]t is the birth certificate that provides the substance to
the right to birth registration.’152 The UN Committee on the Rights of the
Child has recommended that a standard birth certificate should be provided
free of charge at the time of the registration of the birth.153
In Australia, it is a legal requirement to register the birth of a child in each
state and territory.154 However, ‘birth registration is not automatic upon the
birth of a child, and a birth certificate is not automatically issued upon birth
registration.’155 To register a birth in Australia, parents or guardians must
complete and submit a birth registration application to the relevant state or
territory authority. The required supporting documents and fees to apply for a
birth certificate vary between each state and territory.156
The Minimbah Project, an Australian non-governmental organisation that
assists young Australians with birth registration processes, estimates that
‘[a]pproximately 35 000 children (12% of [annual births]) fail to have their
149
See UN Children’s Fund, Implementation Handbook for the Convention on the Rights of the
Child (UN Children’s Fund, 3rd ed, 2007) 97--8 (citations omitted).
150
Ibid 100.
151
Paula Gerber, Andy Gargett and Melissa Castan, ‘Does the Right to Birth Registration
Include a Right to a Birth Certificate?’ (2011) 29 Netherlands Quarterly of Human Rights 434,
436.
152
Ibid 435.
153
Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
under Article 44 of the Convention: Concluding Observations ---- Australia, 60th sess, UN Doc
CRC/C/AUS/CO/4 (28 August 2012) 9 [36] (‘Concluding Observations ---- Australia’). See
Guidelines on Statelessness No 4, UN Doc HCR/GS/12/04, 11 [54].
154
Births, Deaths and Marriages Registration Act 1997 (ACT) s 7(1); Births, Deaths and
Marriages Registration Act 1995 (NSW) s 13(1); Births, Deaths and Marriages Registration Act
1996 (NT) s 13(1); Births, Deaths and Marriages Registration Act 2003 (Qld) s 6(1)(a); Births,
Deaths and Marriages Registration Act 1996 (SA) s 13(1); Births, Deaths and Marriages Registration Act 1999 (Tas) s 12(1); Births, Deaths and Marriages Registration Act 1996 (Vic) s
13(1); Births, Deaths and Marriages Registration Act 1998 (WA) s 13(1).
155
Gerber, Gargett and Castan, above n 151, 437.
156
See, eg, Births, Deaths and Marriages Victoria, Department of Justice and Regulation (Vic),
Fees (13 January 2017) <http://www.bdm.vic.gov.au/utility/about+bdm/fees/>; Registry of
Births, Deaths and Marriages, Department of Justice (NSW), Birth Certificate (28 November
2016) <http://www.bdm.nsw.gov.au/Pages/births/birth-certificate.aspx>.