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Contents (1995 - 62)
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Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 30 April 2017 at 13:28)
Part 5 Division 2
Division 2 General requirements relating to change of name
26   Change of name by registration
A person’s name may be changed by registration of the change under this Part.
27   Application to register change of adult’s name
An adult person may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person’s name if:
(a)  the person’s birth is registered in the State, or
(b)  the person was born outside Australia, the person’s birth is not registered in Australia and the person has been resident in the State for at least 3 consecutive years immediately preceding the date of the application.
28   Application to register change of child’s name
(1)  The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child’s name if:
(a)  the child’s birth is registered in the State, or
(b)  the child was born outside Australia, the child’s birth is not registered in Australia and the child has been resident in the State for at least 3 consecutive years immediately preceding the date of the application.
(2)  If the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child, the application may be made by a person to whom a court within Australia has allocated:
(a)  parental responsibility for the child, or
(b)  specific aspects of parental responsibility for the child so long as the making of the application is not outside the scope of the aspects allocated.
(2A)  If there is more than one such person referred to in subsection (2), the application may be made only as a joint application of those persons.
(3)  An application for registration of a change of a child’s name may be made by one parent if:
(a)  the applicant is the sole parent named in the registration of the child’s birth under this Act or any other law (including a corresponding law), or
(b)  there is no other surviving parent of the child, or
(c)  a court approves the proposed change of name.
(4)  The District Court may, on application by a child’s parent, approve a proposed change of name for the child if satisfied that the change is in the child’s best interests.
(5)  If any court (including any court of another State or the Commonwealth) approves a proposed name for a child, the court may order the Registrar to register the child’s name in a form specified in the order.
(6)  In this section:
parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
29   Child’s consent to change of name
A change of a child’s name must not be registered unless:
(a)  the child consents to the change of name, or
(b)  the child is unable to understand the meaning and implications of the change of name.
29A   Requirement to disclose criminal record
(1)  The form approved by the Registrar for an application for registration of a change of an adult’s name is to include a requirement to the effect that the applicant disclose whether he or she has been convicted of a relevant offence.
(2)  The form approved by the Registrar for an application for registration of a change of a child’s name is to include a requirement to the effect that the applicant disclose whether the child has been convicted of a relevant offence.
(3)  An offence against section 57 in relation to a false or misleading disclosure referred to in this section in an application for registration of a change of name is in addition to an offence against that section for any other false or misleading representation made in the same application.
(4)  In this section:
conviction for an offence:
(a)  includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999, and
(b)  does not include a spent conviction within the meaning of Part 2 of the Criminal Records Act 1991 or a conviction that is taken to be quashed within the meaning of Part 4 of that Act.
relevant offence means:
(a)  an offence in New South Wales that is punishable by imprisonment for 12 months or more, or
(b)  an offence in a jurisdiction other than New South Wales that, if committed in New South Wales, would be an offence so punishable.
Note.
 The provision of false or misleading information in an application for registration of a change of name in relation to disclosure of convictions for relevant offences constitutes an offence against section 57 with a maximum penalty of 100 penalty units or 2 years imprisonment or both.
29B   Restrictions on number of changes of name that may be registered
The Registrar is not to register a change of name of a person on application made under this Act if the Registrar is aware that:
(a)  a change of the person’s name has been registered (whether in this State or in another State) within the period of 12 months immediately preceding the date of the application, or
(b)  3 or more changes of the person’s name have been registered (whether in this State or in another State).
29C   Exceptions to certain change of name restrictions
(1)  The Registrar may register a change of name of a person despite any restriction imposed by section 27 (a) or 28 (1) (a) that the person’s birth must be registered in the State if satisfied that an order has been made (whether in the State or elsewhere) for the protection of the person or the person’s children from domestic violence.
(2)  The Registrar may register a change of name of a person despite any restriction imposed by section 27 (b) or 28 (1) (b) as to the period for which the person must be resident in the State, or any restriction imposed by section 29B, if:
(a)  the Registrar is satisfied that the reason for the proposed change of name warrants the registration of the change of name, or
(b)  without limiting paragraph (a), the Registrar is satisfied that the proposed change of name is sought for the protection of the person, the person’s children or anyone else associated with the person, or
(c)  the proposed change of name is because of the marriage of the person, or
(d)  the District Court has approved the proposed change of name on application under section 28 (4).
(3)  Nothing in this Part limits or affects:
(a)  any power that a court has under another Act or law (whether of this State, another State, the Commonwealth or New Zealand) to order that a change of name is to be registered or the ability of the Registrar to comply with such an order, or
30   Registration of change of name
(1)  Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:
(a)  the identity and age of the person whose name is to be changed, and
(b)  that the change of name is not sought for a fraudulent or other improper purpose, and
(c)  if the person whose name is to be changed is a child—that the child consents to the change of name or is unable to understand the meaning and implications of the change of name, and
(d)  the reasons for making the application for registration of the change of name if the registration of the change would require the Registrar to exercise his or her discretion under section 29C.
(2)  If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law (including a law of another State or the Commonwealth) or by order of a court (including any court of another State or the Commonwealth) the change of name may be registered under this Act.
(3)  The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.
31   Entries to be made in the Register
(1)  The Registrar registers a change of name by making an entry about the change of name in the Register including the particulars required by the regulations.
(2)  If the applicant for registration of the change of name asks the Registrar to arrange for noting the change of name in the particulars of the person’s birth, and the person’s birth is registered under this Act or a corresponding law, the Registrar must:
(a)  if the birth is registered under this Act—note the change of name in the entry relating to the birth, or
(b)  if the birth is registered under a corresponding law—give notice to the relevant registering authority of the change of name.
(3)  If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person’s name as changed under this Part.