OCBA - Access policy

Birth Certificates

Please note: All births with a change of name noted on them are subject to the change of name access requirements and not the birth access requirements.


Type of Access	Applicant	Access rule

Historical	Anyone	Records over 75 years old are unrestricted. Applications will usually be for family history or similar research purposes.
Family	Registered Person Spouse Parent Child	No restriction. Spouse must be married to registered person. In the event of differing surnames, evidence of marriage will be required.
	Defacto Spouse Brother /SisterGrandparent / Other Kin	Restricted - No access
	Non-parental legal custodian / guardian	No restriction, however documentary evidence of custody or guardianship will be required.
Estate Matters	Executor / Administrator / Trustee	Applicant must name the testator or intestate deceased and show evidence of executor status and relationship to deceased.
Other	Anyone	Must have written authority from a person entitled under Family or Estate Matters Access, or alternatively, must be Power of Attorney for a person in one of these categories.

Death Certificates

Type of access	Applicant	Access rule

Historical	Anyone	Records over 25 years old are unrestricted. Applications will usually be for family history or similar research purposes.
Family	Spouse (including Defacto) Parent Child	No restriction. In the event of a spouse having a different surname, evidence of marriage or defacto relationship will be required.
	Brother / Sister Grandparent / Other Kin	Restricted - No access. Access may be granted where the deceased has no surviving spouse, children or parents. A statutory declaration from the applicant is required in these cases.
	Non-parental legal custodian / guardian	No restriction, however documentary evidence of custody or guardianship will be required.
Estate Matters	Executor / Administrator / Trustee	Applicant must name the testator or intestate deceased and show evidence of executor status and relationship to deceased.
Other	Anyone	Must have written authority from a person entitled under Family or Estate Matters Access, or alternatively, must be Power of Attorney for a person in one of these categories.

Marriage Certificates


Type of Access	Applicant	Access Rule

Historical	Anyone	Records over 60 years old are unrestricted. Applications will usually be for family history or similar research purposes.
Family	Registered Person	No restriction
	Child	Access to children of the marriage only. The Registrar or a delegate may allow access to a child of one party to the marriage providing they have authorisation under subsection 41(4) of the Adoption Act 1988.
	Parent Spouse / Defacto Spouse Brother / Sister Grandparent / Other Kin Non-parental legal custodian / guardian	Restricted - No access Spouse refers to current spouse if different to registered person.
Estate Matters	Executor / Administrator / Trustee	Applicant must name the testator or intestate deceased and show evidence of executor status and relationship to deceased.
Other	Anyone	Must have written authority from a person entitled under Family or Estate Matters Access, or alternatively, must be Power of Attorney for a person in one of these categories.

Change of Name Certificates

Please note: Access to change of name certificates includes birth certificates with a change of name noted on them.


Type of access	Applicant	Access rule

Historical	Anyone	Records over 75 years old (from date of birth) are unrestricted. Applications will usually be for family history or similar research purposes.
Family	Registered Person	No restriction
	Parent	Restricted unless child is less than 18 years of age.
	Spouse (including Defacto)ChildBrother / SisterGrandparent / Other Kin	Restricted - No access
	Non-parental legal custodian / guardian	Restricted unless child is less than 18 years of age. Documentary evidence of custody or guardianship will be required.
Estate Matters	Executor / Administrator / Trustee	Restricted to deceased's certificate only.
Other	Anyone	Must have written authority from a person entitled under Family or Estate Matters Access, or alternatively, must be Power of Attorney for a person in one of these categories.

Adoption Certificates

Pre 1988


Applicant	Access rule

Registered Person	No restriction. Must have authorisation issued by the Adoption and Family Information Service of the Department for Families and Communities, or Certificate of Interview issued by an equivalent interstate Government adoption service. Must first obtain pre-adoptive birth certificate. May then access: Marriage certificate of birth mother; Change of name certificate of birth mother / birth father; Death certificate of birth mother / birth father
Birth Mother / Father*	No restriction. Must have authorisation issued by the Adoption and Family Information Service of the Department for Families and Communities, or Certificate of Interview issued by an equivalent interstate Government adoption service. Must first obtain pre-adoptive birth certificate. May then access: Post-adoptive birth certificate of child; Marriage certificate of child; Change of name certificate of child; Death certificate of child
Adoptive Parent	Restricted. Access to post-adoptive certificates only and subject to normal Access requirements.

Father must be named on pre-adoptive birth certificate

Post 1988


Applicant	Access rule

Registered Person	No restriction. Authorisation not required, but must substantiate details of adoption (eg adoption order). Must first obtain pre-adoptive birth certificate. May then access: Marriage certificate of birth mother; Change of name certificate of birth mother / birth father; Death certificate of birth mother / birth father
Birth Mother / Father*	No restriction. Authorisation not required, but must substantiate details of adoption (eg adoption order). Must first obtain pre-adoptive birth certificate. May then access: Post-adoptive birth certificate of child; Marriage certificate of child; Change of name certificate of child; Death certificate of child
Adoptive Parent	Restricted. Access to post-adoptive certificates only and subject to normal Access requirements.

Father must be named on pre-adoptive birth certificate.

Access Policy Notes

Persons applying for certificates must be able to give adequate details of the date and place of event, parents' names etc, or give satisfactory reasons why they cannot supply such data (e.g. An adult Aboriginal person separated from their birth family at an early age).

Applicants are required to give details of their relationship to the registered person (e.g. self, child) and their reason for application (e.g. To apply for a passport, settling an estate).

For all but historical access, applicants are required to produce Proof of Identity at the time of application.

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