Registry of Births Deaths and Marriages / Deceased status indicator on birth certificates
Deceased status indicator on birth certificates
Registry of Births Deaths and Marriages

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Contents

1Policy objective

1.1Background

2Policy

2.1Deceased status indicator

2.2Fraud prevention

2.3Issuance of standard birth certificates

2.4Issuance of commemorative birth certificates

3Legislative framework

3.1Victorian framework

3.2National identity security policy

Key points

  • If a request for a standard birth certificate is made for a person who is deceased, that is in accordance with the Registry of Births, Deaths and Marriages (BDM) Access Policy, BDM will issue the certificate with an annotation noting that the person is ‘deceased’. This will be the standard practice of BDM.
  • If a request for a commemorative birth certificate is made for a person who is deceased, that is in accordance with BDM’s Access Policy, BDM will issue the certificate without an annotation to indicate that the person is deceased.
  • The reason for BDM including deceased annotations on standard birth certificates of deceased persons is to prevent fraud and protect individuals’ identity security.

1Policy objective

The Registry of Births, Deaths and Marriages (BDM) is the issuing agency of citizens’ core proof of identity documents relating to significant Victorian-registered life events, including but not limited to, births and deaths.

This policy document is based on BDM’s obligation to maintain accurate records and high standards of identity security. It sets out BDM’s policy in relation to:

•data matching, including linking a Victorian birth to a non-Victorian death notification or Victorian registration

•the types of birth certificates available, including when a ‘deceased’ status indicator will appear on the certificate.

1.1Background

BDM applies the policy set out in this document for the issuance of Victorian birth certificates relating to a deceased person.

BDM issues both standard and commemorative birth certificates for births registered in Victoria.

A standard birth certificate certifies particulars of a person’s birth including their name, the date and place of their birth, and their parents’ details. A standard birth certificate can be used as a proof of identity document for official purposes, such as claiming government benefits, enrolling a child in childcare or school, or getting a passport or driver’s licence.

A commemorative birth certificateis a keepsake decorative document that celebrates a person’s birth in a unique and lasting way. A commemorative birth certificate is not a core proof of identity document and is not accepted as an identity document.

2Policy

2.1Deceased status indicator

BDM data matches a Victorian birth with a Victorian death to ensure that life events are linked to accurately reflect a person’s life status. For non-Victorian events, BDM manually updates the birth record as ‘deceased’, upon the presentation of an official death certificate or as a result of an interjurisdictional BDM notification. The Data Matching: Better Practice Guidelines 2009, developed by the Commonwealth Attorney-General’s Department, explicitly advocate for the greater use of deceased status indicators (Principle 4).[1]

Once a Victorian birth record has a ‘deceased’ status indicator recorded, the birth certificate issued for the birth (which is a core proof of identity document) is marked as ‘deceased’. The marking of the certificate in this manner is referred to as an annotation.

The authority for BDM to match death and birth data, and to include the word ‘deceased’ on a deceased person’s birth certificate, is provided by the Act under sections 41(2)(b), 43(4) and 46(1)(a).

2.2Fraud prevention

The issue of official identity documents for a person who has died without correctly including a ‘deceased’ annotation can have serious and undesirable consequences.

BDM has responsibility for issuing cardinal identity documents that can be used for identity assurance and transactions with government departments, private organisations and within the community. As a result, BDM has obligations to maintain accurate records and high standards of identity protection and security. The adoption by states and territories of common security standards for similar identity documents and issuing agencies ensures transparency, and allows the community to have confidence in the integrity of Australian identity management.

In 2001, all Australian BDMs agreed to mark birth certificates for deceased persons by way of a ‘deceased’ annotation. This practice was consolidated through a formal agreement between Australian BDM’s in 2007 (the National Identity Security Strategy– see Paragraph 3.2). The practice of Victoria BDM to issue a birth certificatefor a person who has died with a ‘deceased’ annotation represents a strategic response, in-line with best practice identity security policy. Annotating birth certificates in this way is a critical fraud prevention measure. It limits the risk of identity fraud by ensuring that details included on a birth certificate accurately reflect a person’s life status.

A birth certificate for a deceased person, issued without a ‘deceased’ annotation, could be used fraudulently for criminal purposes. For example, it could be used fraudulently to meet eligibility requirements for key identity documents and rights (i.e. passports and citizenship) and access to services, including monetary benefits (e.g. social security payments).

Even if the risk of fraud is considered to be low, a practice of issuing a birth certificate without a ‘deceased’ annotation, even by exception, risks reducing the trust in, and therefore community capacity for reliance on, BDM documents.

2.3Issuance of standard birth certificates

If a request for a standard birth certificate is made for a person who is deceased, that is in accordance with BDM’s Access Policy, BDM will issue the certificate with an annotation noting that the person is deceased.

The inclusion of ‘deceased’ on the standard birth certificate in no way alters the legality or recognition of the person’s birth. It establishes a link to another significant life event, accurately reflecting the person’s life status, and enables easy identification that the death has been registered.

While the practice of including ‘deceased’ annotations on the standard birth certificates of deceased persons is authorised, rather than required, by the Births, Deaths and Marriages Registration Act 1996, the imperatives of preventing fraud and protecting individuals’ identity security mean that it is and will continue to be the standard practice of BDM.

2.4Issuance of commemorative birth certificates

If a request for a commemorative birth certificate is made for a person who is deceased, that is in accordance with BDM’s Access Policy, BDM will issue the certificate without an annotation. The word ‘deceased’ will not appear on the certificate.

BDM’s policy for issuing commemorative birth certificates without a ‘deceased’ notation recognises that there is often an emotional need and appropriate circumstances for recognising the significance of a birth without it being linked to the death. BDM is able to issue an un-annotated commemorative certificate due to it not being a core proof of identity document and it not being able to be used for official or legal purposes.

3Legislative framework

3.1Victorian framework

BDM is governed by the Births, Deaths and Marriages Registration Act 1996 (the Act) and theBirths, Deaths and Marriages Registration Regulations 2008(the Regulations).

Legislation / Reference and title
Births, Deaths and Marriages Registration Act 1996 / •s41: The Register
•s43: Correction and amendment of Register
•s46: Issue of certificate

The Registrar of Birth, Deaths and Marriages (the Registrar) is required to ‘maintain a register or registers of registrable events’. These include events such as a birth or death. These registers ‘must contain the particulars of each registrable event’. Under the Act, the Register ‘may contain further information if its inclusion is considered appropriate by the Registrar’ (s41).

The Registrar may correct the Register ‘to bring an entry about a particular registrable event into conformity with the most reliable information available to the Registrar of the registrable event’ (s43).

On completing a search of the Register and on payment by the applicant of the prescribed fee, the Registrar may issue a certificate certifying particulars contained in an entry (s46).

Other relevant legislation
Legislation / Reference and title
Charter of Human Rights and Responsibilities Act 2006 / •Part 2 - Human Rights

3.2National identity security policy

In April 2007, an agreement was entered into by the Commonwealth of Australia, the States of New South Wales, Victoria, Queensland, Western Australia, South Australia, andTasmania, the Australian Capital Territory and the Northern Territory, outlining elements of a National Identity Security Strategy (NISS).

Strategy / Reference and title
National Identity Security Strategy / •Principle 1 – Protecting the identity information of Australians is a shared responsibility
•Principle 4 – Commonly accepted identity credentials must be supported by strong security measures
•Principle 5 – Identity security needs to be a core feature of standard business processes and systems

Improving the integrity of identity data for individuals is a key element of the NISS. This led to the issuance by the Commonwealth Attorney-General’s Department of the Data Matching: Better Practice Guidelines 2009 and the Data Matching Principles, aimed at assisting government agencies to adopt better practice in data matching with a view to improving the integrity of identity data.[2] Principle four of the Data Matching Principles recommends that government agencies make greater use of deceased status indicators when matching data in an agency’s database, to reduce inconsistent records being potentially used for fraudulent purposes, such as to continue government payments posthumously.

Guidelines / Reference and title
Data Matching – Better Practice Guidelines 2009 / •Principle 4 – Make greater use of deceased status indicator
TRIM ID: CD/17/303624* / 8 June 2017
Final / Page 1 of 5

[1]Commonwealth Attorney-General’s Department, Improving the Integrity of Identity Data: Data Matching – Better Practice Guidelines 2009, p.6

[2] Commonwealth Attorney-General’s Department, Improving the Integrity of Identity Data: Data Matching – Better Practice Guidelines 2009, p. 6