Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 9

9 Filing of certain instruments with registrar-general

(1) A document mentioned in section 27 or a copy of it certified as prescribed may, in the prescribed manner and on payment of the prescribed fee (if any), be filed in the office of the registrar-general.

(2) The registrar-general shall cause indexes of all documents and copies filed with the registrar-general under subsection (1) to be made and kept in the registrar-general’s office and shall, upon request made by or on behalf of a party to a document so filed or a child referred to therein or a guardian or relative of that child, cause a search of any such index to be made and shall, if the registrar-general is satisfied that the person making the request has a proper interest in the matter, permit that person to inspect a document or copy so filed.

(3) Where the Supreme Court makes a declaration of parentage under section 10 or revokes a declaration so made or a court makes an order under section 14 or 16 of the Maintenance Act 1965 or annuls an order so made, the registrar of the Supreme Court or clerk of the court shall forward to the registrar-general an office copy or, as the case requires, a certified copy of the declaration, revocation, order or annulment and upon receipt thereof the registrar-general shall file the copy as if it were a document of the kind referred to in section 27 .

(4) Where the registrar-general refuses a request—

(a) to cause to be made a search of any index made and kept in accordance with subsection (2) ; or

(b) to permit a person to inspect a document or copy filed in accordance with subsection (1) ;

the person aggrieved by such refusal may make an application to the court for an order calling upon the registrar-general to show cause why the request should not be granted.

(5) The application shall be supported by an affidavit of the facts.

(6) An order made pursuant to subsection (4) shall be returnable before the court on the date and at the time specified therein and shall be served upon the registrar-general.

(7) Upon the return of the order the court may, if the registrar-general fails to show good cause against it, make the order absolute but otherwise may discharge the order and in either case may make such other orders including an order as to costs as the court thinks fit, but an order for costs shall not be made against the registrar-general if the court is satisfied that at the time of the refusal of the request, the registrar-general had reasonable grounds therefor.

(8) The registrar-general shall comply with the terms of an order absolute made in accordance with subsection (7) .

(9) In this section—

"registrar-general" means the registrar under the Births, Deaths and Marriages Registration Act 2023 .