Key points
- When issuing a birth certificate of a person who has died, the Registry of Births, Deaths and Marriages (BDM) will issue the certificate to the applicant as follows:
- Legal birth certificate – with an annotation that the person is ‘deceased’. This is BDM’s standard practice
- Commemorative birth certificate – without an annotation that the person is deceased.
- The application must be in accordance with BDM’s Access Policy.
- The reason for BDM including deceased annotations is to prevent fraud and protect individuals’ identity security.
Policy objective
BDM issues proof of identity documents relating to life events registered in Victoria. This includes births and deaths.
BDM has an obligation to maintain accurate records and high standards of identity security. This policy sets out BDM’s policy in relation to:
- Data matching, including linking Victorian births to deaths
- Determining when a ‘deceased’ indicator will appear on the birth certificate.
Background
BDM applies this policy when issuing Victorian birth certificates relating to a person who has died.
BDM issues both legal and commemorative birth certificates for births registered in Victoria.
Reasons for the policy
Deceased indicator
BDM matches Victorian births with deaths to link life events together. This is to ensure that they accurately reflect a person’s life status. For non-Victorian deaths, BDM updates the birth record as ‘deceased’ when presented with a death certificate or notified by another state or country.
Once a Victorian birth record has a ‘deceased’ status recorded, the birth certificate is marked as ‘deceased’. This is called an annotation.
The Births, Deaths and Marriages Registration Act 1996 (the Act) authorises BDM to:
- Match death and birth data
- Include the word ‘deceased’ on a deceased person’s birth certificate
This is provided under sections 41(2)(b), 43(4) and 46(1)(a) of the Act.
Fraud prevention
Serious and undesirable consequences can occur if official identity documents are issued to an applicant without a ‘deceased’ annotation for a person who has died.
BDM is responsible for issuing identity documents that can be used to prove identity and conduct transactions. As a result, BDM has an obligation to maintain accurate and secure identity records.
Australia’s states and territories have common security standards for identity documents. This ensures the transparency and integrity of Australian identity management.
In 2001, all Australian BDMs agreed to mark birth certificates of deceased persons with a ‘deceased’ annotation. This was formalised in 2007 with the National Identity Security Strategy. Victoria BDM’s practice is in line with the national standard.
This practice is a critical fraud prevention measure. It limits the risk of identity fraud by ensuring that a birth certificate accurately reflects a person’s life status.
Without a ‘deceased’ annotation, a birth certificate of a person who has died could be used for criminal purposes. For example, it could be used to access:
- Identity documents (e.g. passports)
- Rights (e.g. citizenship)
- Services or monetary benefits (e.g. social security payments).
It could also risk reducing the community's trust in, and reliance on, BDM documents.
Policy
Issue of legal birth certificates
When issuing a legal birth certificate for a person who has died, BDM will issue the certificate to the applicant with an annotation that the person is deceased.
The request must be in accordance with BDM’s Access Policy.
The inclusion of ‘deceased’ does not alter the legal fact or recognition of the person’s birth. It establishes a link to another significant life event, accurately reflects the person’s life status, and enables easy identification that the death has been registered.
Issue of commemorative birth certificates
When issuing a commemorative birth certificate for a person who has died, BDM will issue the certificate without the word ‘deceased’ on the certificate.
The request must be in accordance with BDM’s Access Policy.
There is often an emotional need to recognise the significance of a birth without linking it to the death. Commemorative birth certificates recognise this need. BDM can issue commemorative certificates without ‘deceased’ as they are not proof of identity. They cannot be used for official or legal purposes.
Legislative framework
Other relevant legislation
Background
Updated