Proof of identity policy

This policy sets out proof of identity requirements that apply to applications made to the NSW Registry of Births, Deaths & Marriages.  

It supports the lawful release of information, protects personal information, maintains the integrity of the Register and reduces identity misuse and fraud risks.

This policy applies to applicants seeking to register a life event, obtain a certificate or access information held by the Registry, including where an applicant acts for another person or seeks access on another lawful basis.

Family history products, publicly available records and records subject to separate legislative access arrangements may have different requirements. 

For the purposes of this policy:

Applicant means a person or organisation seeking to register an event, obtain a certificate, or access information held by the Registry.

Authorised representative means a person who is authorised to act on behalf of an applicant or the subject of a record, including a parent, guardian, legal practitioner, support person, or other person acting with lawful authority or consent.

Proof of identity means the information or documents required by the Registry to establish that a person is who they claim to be for the purposes of an application or transaction.

Register means the registers maintained by the Registrar of Births, Deaths and Marriages under the applicable legislation.  

Subject means the person to whom a record or registered event relates.  

Third party means a person or organisation other than the subject of a record who seeks to act on behalf of another person or otherwise seeks access to Registry information. 

Access to the Register, certificates and information held by the Registry is determined in accordance with legislative requirements. Proof of identity requirements are how the Registry confirms an applicant’s identity and, where relevant, their authority or entitlement to make the application.

Applicants must provide sufficient proof of identity for the relevant application. The nature and extent of proof of identity may vary depending on the transaction, the applicant’s role and basis for making the application, the sensitivity of the information sought, and the level of privacy, identity security or fraud risk associated with the application.

Acceptable forms of identity and supporting evidence may be specified in application forms, service channels, published guidance and supporting procedures. Additional information may be requested even where stated minimum evidence requirements have been met, if reasonably necessary to confirm identity, authority or entitlement, or to manage risk. 

A person may make an application on behalf of another person only where they have a lawful basis to do so. This may include lawful authority, consent, guardianship, professional status, agency function or another lawful basis.

Where a person applies on behalf of another person, proof of identity may be required for the person applying and, where required, the person on whose behalf the application is made. Evidence of the person’s authority or entitlement to request the record or service may also be required. The Registry may be unable to process an application if that authority or entitlement is not established.

Legal practitioners may apply on behalf of a client who is entitled to access the relevant record. Professional status does not, of itself, establish a client’s entitlement to access a record.

Evidence of professional status and sufficient information may be required to establish the client’s entitlement, the legal basis for the request, and the practitioner’s authority to act. The Registry may be unable to process an application if representation or entitlement is not established. 

Third party applicants must provide proof of identity and sufficient information to establish their authority, consent, relationship, entitlement or other lawful basis to access the relevant record or service. Supporting material relevant to the record or service sought may also be required. 

Additional proof of identity, supporting evidence or other information may be required where the transaction or circumstances require a higher level of assurance. This may include applications involving late registration, corrections, changes of name or sex, relationship matters, inconsistent or incomplete information, or elevated privacy, identity security or fraud risks.

Evidence of residency or other supporting material may also be required where specified in legislation, forms or service guidance.

Where a person provides a statutory declaration, witness statement or similar supporting evidence in connection with a registration, correction or access request, proof of identity for that person may be required to assist the Registry to assess the reliability of the information provided and the integrity of the transaction. 

The Registry recognises that some people may have difficulty meeting standard proof of identity requirements because of vulnerability, cultural or personal circumstances, remoteness, crisis, document loss or other barriers to obtaining identity documents.

Where an applicant cannot reasonably meet the usual requirements, the Registry may consider alternative pathways on a case-by-case basis. This may include accepting alternative evidence, seeking confirmation from trusted referees or service providers, or providing additional support to explain requirements. Any flexibility must still protect privacy and maintain the integrity and security of the Register.

Applicants who cannot meet the usual identity requirements should provide the documents or information available to them. The Registry may then seek further information, discuss available options or provide assistance through appropriate service channels. 

Where the applicant provides consent, the Registry will use the Commonwealth Document Verification Service to verify identity documents against the records of the issuing authority. Information about how personal information is handled during identity verification is set out in the Registry’s privacy materials and related notices.

Identity documents are retained only for as long as required for the relevant application, verification, audit, review or lawful recordkeeping purpose. Once no longer required, identity documents are securely destroyed or disposed of in accordance with applicable records management, privacy and security requirements.

Further information about how the Registry collects, uses, stores and discloses personal information is available in the Registry’s Privacy Collection Notice and other published privacy information.