​​Access Policy​

To obtain a certificate or a certified document of information held in the Register, a person must apply using the forms available on the website and pay the associated fees.  

The lawful release of personal information under the NSW Births, Deaths and Marriages Registration Act 1995 is exempt from the disclosure information protection principle in the Privacy and Personal Information Protection Act 1998.

If the information requested contains sensitive updates, such as a change of name or sex, the Registry may require the subject’s consent before granting access. All applications for information from the Registry are assessed on a case-by-case basis to ensure that a person’s privacy is protected.  

The Registry holds both restricted and unrestricted records as outlined in this policy.  

The sensitivity of personal information reduces with time.  

For this reason, an index of records is available free of charge online, and family history certificates are available to be purchased.  

Access to the following records is unrestricted:  

• Births that occurred 100 years or more before the date of application.
• Deaths that occurred 30 years or more before the date of application.
• Marriages that occurred 50 years or more before the date of application. 

The subject of the record is always entitled to their own record. Access to restricted records is otherwise limited, and information may only be released to the people and organisations outlined below, or by court order. If you are seeking information and are not a person listed below, the Registry will review the request on a case-by-case basis depending on the reason for the request. 

The Registry will release documents in the following circumstances:

• When a subpoena is received, requiring the documents as evidence in a court matter; or
• When a legal practitioner provides evidence that they are acting on behalf of a person or an estate, and appropriate proof of authority is supplied.

Births

• Parent/s who appear on the birth registration of a child may apply for that child's birth certificate, regardless of the child’s age.
• Carers and grandparents caring for children without formal arrangements may access records about children in their care where kinship or caring arrangements have been verified by the child's school, medical practitioner, Services Australia, the Department of Communities and Justice, or other relevant organisations.
• A person born in Australia after 20 August 1986 can apply for their parent’s birth certificate if applying for an Australian passport.
• A person with current Power of Attorney or a relevant Guardianship order for a person.
• A person who has been provided with permission to apply for another person’s certificate. A Letter of Authority is required to apply for another person's certificate.

Marriages

• Marriage celebrants, if applying on behalf of the parties, at the time of the marriage registration.
• Parent or child of either party if both parties recorded on the marriage are deceased.  

Deaths

• The parents, children, current spouse, or de facto partner listed on a death record may apply for the death certificate. In certain circumstances, a person who is next of kin or an informant may also apply, particularly when no immediate family members can be located or are themselves deceased, and the applicant can provide an adequate reason.
• A funeral director, if applying at the time of the death registration and on behalf of the informant.
• An executor, administrator, or trustee of the estate of a deceased person.  

Change of name  

• If the subject is under 18 years of age, the parents.  
• A person who has been provided with permission to apply for another person’s certificate. A Letter of Authority is required to apply for another person's certificate. 

When a record falls within the restricted period, specific organisations listed below may be granted access subject to certain conditions and must disclose to the Registry how the information or documents will be used, stored, and disclosed:

• Law enforcement agencies, such as the NSW Police Force, NSW Crime Commission, or other law enforcement or investigative agencies.
• The Department of Communities and Justice or their delegate when a child is in the care of the Minister.
• Assisted reproductive technology providers may apply for the death certificate of a gamete provider to comply with their obligations under Section 24 of the Assisted Reproductive Technology Act 2007.
• Aggregated civil registration statistics may be available on application or under an agreement or memorandum of understanding for purposes including health research, policy development, and infrastructure planning.
• NSW Trustee & Guardian or a State or Territory equivalent authority may be entitled to obtain records to assist in locating a beneficiary of the deceased estate.
• Link-Up (NSW) and other organisations that have a formal agreement with the Registry may access records to establish kinship, or for any other purpose specifically outlined in the agreement. 

There are specific access requirements when applying for adoption information. Please refer to our website for further information: Certificates and searches for an adoption

If personal information on a record has been changed—such as a person's name or sex—the record may only be released to someone other than the subject in limited circumstances, including:

• If the subject is under 18 years of age and the applicant is their parent or legal guardian.
• If the subject is aged 18 or over, and consent for the release of the information is provided.

If the subject is deceased, the Registry may release information to:  

• Immediate next of kin, including a current spouse, child, or parent of the deceased. An informant may not be entitled to the information.  
• The executor of an estate
• A court appointed administrator of an estate
• A trustee of an estate. 

The Registrar may only grant access to an original birth certificate where a person has changed their registered sex in NSW to:  

• The subject of the birth certificate.  
• An officer or person acting on behalf of any of the following law enforcement agencies:  
  • NSW Police Force, or the police force of another State or Territory
  • Australian Federal Police
  • New South Wales Crime Commission
  • Australian Criminal Intelligence Commission
  • Office of the Director of Public Prosecutions of this State, of another State or Territory, or of the Commonwealth
  • Independent Commission Against Corruption
• Another person with an adequate reason. In these cases, further information or authorisation may be required.  

If the subject is deceased, the following people may apply:

• Executor or administrator of the deceased person’s estate.  
• Current spouse or de facto partner of the deceased person.  
• Parent of the deceased person.  
• Parent or a person with parental responsibility for a child under 18.  
• Person who has been appointed Power of Attorney under the Powers of Attorney Act 2003 or an enduring guardian, guardian, or financial manager under the Guardianship Act 1987, or under equivalent legislation in another state or territory, for a person to whom the certificate relates. 

The Registrar may grant access to the Register or provide information from it to a person or organisation with an adequate reason, provided it is done under appropriate conditions and with due regard for privacy. In assessing such requests, the Registrar will consider:

• The nature of the applicant's interest in the information.
• The sensitivity of the information requested.
• How the information is going to be used.
• Any other relevant factors that may apply.

Acceptable reasons for granting access to information may include, but are not limited to:

• Proving a person’s identity.
• Enabling evidence to establish kinship or familial relationships.
• Law enforcement or investigative purposes (e.g., Australian Federal Police).  
• Supporting research for organisations with ethics approval.
• Extracting statistical information (e.g., Australian Bureau of Statistics).
• Extracting information for research purposes (e.g., Cancer Council).
• Determining whether a person is deceased (e.g., banks, credit agencies, and similar types of organisations).  

Applications from people or organisations not otherwise entitled to access restricted records will be considered on a case-by-case basis.   

If a person is not entitled to a record for any reason they may:

• Seek authority from the subject or the person legally entitled to the information by providing a completed authority form along with identification from the person granting consent.
• Seek a subpoena from a court to compel the release of the information. 

For further information on how the Registry manages personal information, please read our Privacy collection notice.