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births registered … in their first year of life.’157 Further, they estimate that
‘tens of thousands of Australian citizens across all age groups remain unregistered throughout their lives.’158 This is thought to be due to a number of
barriers, including ‘onerous identity requirements to obtain a birth certificate’,159 poor literacy, a lack of understanding of procedures, administrative
costs, a lack of knowledge of the importance and advantages of birth registration, and a lack of support from authorities.160
Groups that are most commonly affected include culturally and linguistically diverse communities (including refugees)161 and Indigenous peoples.
Gerber and Castan observe that:
a number of Australians ---- predominantly Indigenous people and those from
culturally and linguistically diverse … communities ---- miss out on the benefits
of citizenship and struggle to fully participate in society because their birth has
never been registered …162
Indeed, these issues have not escaped international scrutiny: the UN Committee on the Rights of the Child has urged Australia ‘to review its birth
registration process in detail to ensure that all children born in Australia are
registered at birth, and that no child is disadvantaged due to procedural
barriers to registration’.163
For children born in immigration detention in Australia or in a regional
processing country, there may be an additional practical difficulty in accessing birth registration. For children born to asylum seekers in Australia, the
Department of Immigration and Border Protection has indicated that
‘contracted service providers are required to assist the parents to register the
157
Will Winter, ‘The Minimbah Project: Facilitating Birth Registration and Birth Certificates in
Rural and Regional Communities’ in Melissa Castan and Paula Gerber (eds), Proof of Birth
(Future Leaders, 2015) 73, 78.
158
Ibid 79.
159
Aivee Robinson et al, UN Children’s Fund Australia, ‘Birth Registration’, Submission to the
Office of the High Commissioner for Human Rights, November 2013, 2.
160
Victorian Law Reform Commission, Birth Registration and Birth Certificates, Report (2013)
24 [3.47] quoting Concluding Observations ---- Australia, UN Doc CRC/C/AUS/CO/4,
8--9 [35].
161
Many asylum seekers have also experienced discrimination and disenfranchisement by
authorities in their country of origin or country of former habitual residence, and may have
little knowledge of the right to, and requirements for, birth registration: see Heap and Cody,
above n 140, 20.
162
Paula Gerber and Melissa Castan, ‘The Right to Universal Birth Registration in Australia’ in
Melissa Castan and Paula Gerber (eds), Proof of Birth (Future Leaders, 2015) 3, 3.
163
Concluding Observations ---- Australia, UN Doc CRC/C/AUS/CO/4, 9 [36].