Executive summary

Birth registration establishes a person’s legal identity. It is a precursor to obtaining a birth certificate which is a key identity document that allows an individual to fully participate in modern society. Without birth registration a person is effectively ‘legally invisible’ and can suffer significant disadvantage as a result.

In Queensland parents are legally required to register their child’s birth. However, studies have shown that not all Queensland births are registered. The issue of under-registration of births in Queensland was first raised with the Office by a community organisation during a regional visit.

An analysis of birth-related data conducted by Queensland Health (QH) in 2014 found that, in Queensland, Indigenous births were being registered at a significantly lower rate than non-Indigenous births. That is, approximately 15-18% of births to Indigenous mothers were not registered compared with an under-registration rate of 1.8% for births to non-Indigenous mothers.

As Queensland is the state with the second largest Indigenous population in Australia, and given the social disadvantage that may be experienced by a person whose birth is not registered, I decided it was in the public interest to investigate what factors may contribute to the lower birth registration rates of Indigenous Queenslanders.

Given the difficulties in identifying individuals directly impacted by not having their birth registered, the investigation drew on information provided by representatives from community organisations and state government agencies that work closely with Indigenous Queenslanders.

The Department of Justice and Attorney-General’s Registry of Births, Deaths and Marriages (BDM) is the agency with primary responsibility for maintaining the register of births in Queensland. The investigation also included other relevant Queensland Government agencies such as QH, the Cairns and Hinterland Hospital and Health Service, the Department of Education, the Department of Transport and Main Roads, the Department of Child Safety, Youth and Women and the Office of the Public Guardian.

The investigation identified a number of issues inherent in BDM’s birth registration and certification processes which may be contributing to the lower rates of Indigenous births in Queensland, including:

  • the fees and penalties associated with late birth registration
  • a clear perception that there is a cost involved in registering a birth
  • the fee for a birth certificate and the absence of a fee waiver policy
  • the shift to online birth registration, particularly for remote Indigenous people as it requires computer literacy as well as access to a computer, the internet and a printer
  • methods of interacting with Indigenous clients that may not be culturally appropriate.

A review of the Births, Deaths and Marriages Registration Act 2003 is currently underway, which provides an opportune time for these practices to be reviewed.

While BDM has made some efforts to engage with Indigenous communities through its community engagement activities to increase awareness of the benefits of birth registration, the success of its efforts was clearly inadequate.

The investigation found that the current level of coordination between Queensland Government agencies is inadequate, particularly given the potential for agencies other than BDM to play a key role in encouraging and facilitating birth registration and certification.

The Queensland Government has demonstrated its commitment to improving opportunities for Indigenous Queenslanders including through its support for whole-of-government strategies such as Closing the Gap and Moving Ahead. While an increase in the rates of Indigenous birth registration in Queensland would undoubtedly make a positive contribution to these strategies, there are no current targets to address the significant under-registration of births.

Ultimately, the investigation determined that better coordination between Queensland Government agencies would have the greatest impact on Indigenous birth registration rates in Queensland. Specifically, I have recommended that a cross-agency strategy aimed at increasing Indigenous birth registration to the same level as non-Indigenousbirths be developed.

I am encouraged by the level of support and willingness shown by the responsible agencies consulted as part of this investigation to actively participate in such a strategy.

Opinions

Opinion 1

Indigenous births are registered at a significantly lower rate than non-Indigenous births in Queensland. BDM has taken inefficient action aimed at increasing the rate of Indigenous birth registration to remedy this disparity.

This is administrative action that is unreasonable and improperly discriminatory for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 2

Despite knowing that rates of Indigenous birth registration are significantly lower than rates of non-Indigenous birth registration, BDM has made no attempt to monitor rates of Indigenous birth registration or examine the current extent of the disparity.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 3

BDM’s action in not charging the birth registration fee or pursuing the penalty is inconsistent with the purpose of the fee and penalty in the BDMR Act and Regulation to encourage timely birth registration.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 4

BDM’s current online process for applying to register a birth is presented in such a way that it creates a clear perception that there is a cost associated with registering a birth, when the cost is to obtain a birth certificate.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 5

Despite waiving birth certificate fees in various circumstances, BDM does not have any policy or guidance on the circumstances which justify the waiver of these fees.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 6

Despite being aware of the lower rates of Indigenous birth registration, BDM fails to consider the potential impact of its practice of registering births online on Indigenous birth registration rates.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 7

BDM’s primary reliance on written communication about birth registration may not be consistent with best practice for contact with Indigenous Queenslanders living in regional and remote areas. These communication failures may be contributing to the underregistration of Indigenous births in rural and remote Queensland.

Opinion 8

BDM’s current birth registration process fails to consider the cultural practices of Indigenous Queenslanders. This may mean that the birth registration process is less accessible to Indigenous Queenslanders than non-Indigenous Queenslanders.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 9

Despite being aware of the widely variable practices in hospitals in distributing information to new parents about birth registration, BDM has failed to work with hospitals to ensure that consistent and appropriate messages are provided to new parents about the birth registration process and the importance of birth registration.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Opinion 10

BDM’s community engagement activities, particularly those conducted in remote Indigenous communities, make an important contribution towards achieving higher rates of birth registration for Indigenous Queenslanders.

Opinion 11

BDM has failed to adequately coordinate between Queensland Government agencies to facilitate birth registration and access to a birth certificate for Indigenous Queenslanders.

This is administrative action that is unreasonable for the purposes of s.49(2)(b) of the Ombudsman Act.

Recommendations

Recommendation 1

The Director-General of DJAG:

  1. review the ongoing need for the late birth registration fee and penalty for failing to register a birth within 60 days, as prescribed in the BDMR Act and Regulation
  2. consider the appropriate amount for such fees and penalties, if any
  3. advise the Attorney-General of his views of any changes that are needed to the fees and penalties for birth registration in the BDMR Act and Regulation
  4. review the appropriateness of the communication method and wording for public communication by BDM about birth registration fees and penalties.
Recommendation 2

The Director-General of DJAG review BDM processes to make clear the distinction between:

  1. the process of registering a birth in Queensland, which is free
  2. the process of obtaining a birth certificate in Queensland, which has an associated cost.
Recommendation 3

The Director-General of DJAG develop a fee waiver policy and associated processes for BDM which set out:

  1. the circumstances in which birth certificate fees will be waived
  2. the factors which will guide decision-making on fee waiver requests
  3. the appropriate process for requesting fee waivers.

This fee waiver policy and any associated processes should be made publicly available.

Recommendation 4

The Director-General of DJAG ensure that BDM promotes and maintains processes for birth registration applications that do not impede access for Indigenous Queenslanders in regional and remote areas.

Recommendation 5

The Director-General of DJAG:

  1. conduct research and liaise with Indigenous groups to establish the most effective methods of communicating with Indigenous Queenslanders living in regional and remote areas
  2. ensure these methods are implemented in BDM’s birth registration and birth certification processes.
Recommendation 6

The Director-General of DJAG review BDM’s processes for birth registration to identify and remove barriers that may impede Indigenous Queenslanders from accessing the birth registration framework. Identification of such barriers should include liaison with Indigenous groups.

Recommendation 7

The Director-General of DJAG review all communication and information channels about birth registration and birth certification used by BDM to ensure suitability to target audiences.

Recommendation 8

The Director-General of DJAG ensure that BDM’s community engagement activities continue to be appropriately prioritised and resourced as a contribution towards achieving higher rates of birth registration for Indigenous Queenslanders.

Recommendation 9

The Director-General of DJAG consult with all relevant Queensland Government agencies to develop an integrated, cross-agency strategy focused on increasing the rate of Indigenous birth registration to equal the rate of non-Indigenous birth registration in Queensland. The Director-General of DJAG should consult with Indigenous communities in the development of this strategy.

This strategy should:

  1. confirm the current rate of Indigenous birth registration compared with the rate of non-Indigenous birth registration by using relevant agency data
  2. establish progressive targets for the increase of Indigenous birth registration rates
  3. establish timeframes within which these targets are to be achieved
  4. establish a strategy to achieve these targets by the designated timeframes
  5. establish the roles and responsibilities of each agency in contributing to achieving the targets and implementing the strategy
  6. establish information sharing, communication and coordination protocols between agencies to implement the strategy
  7. publicly report on progress against the targets and timeframes in the strategy.

The strategy itself should also be made publicly available.

 

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Last updated: Thursday, 19 September 2024 8:16:29 PM