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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 13:22)
Part 5 Division 4
Division 4 Miscellaneous
31I   Information-sharing between relevant authorities and Registrar
(1)  A supervising authority:
(a)  must ensure that the Registrar is provided with information as to the identity of the restricted persons for whom it is the supervising authority, including the following information in relation to each of those persons (if known to the authority):
(i)  the name (including any other name by which a restricted person is or has previously been known),
(ii)  the date and place of birth of each restricted person,
(iii)  the residential address or addresses of each restricted person, and
(b)  must provide that information in the form and manner agreed to from time to time between the authority and the Registrar, and
(c)  must notify the Registrar as soon as practicable after a person ceases to be a restricted person if the Registrar has previously been notified by the authority that the person is a restricted person.
(2)  The Commissioner of Corrective Services:
(a)  must ensure that the Registrar is provided with information as to the identity of persons who are former serious offenders, including the following information in relation to each of those persons (if known to the Commissioner):
(i)  the name (including any other name by which each such person is or has previously been known),
(ii)  the date and place of birth of each such person,
(iii)  the residential address or addresses of each such person,
(iv)  the release date of each such person (within the meaning of section 31F), and
(b)  must provide that information in the form and manner agreed to from time to time between the Commissioner and the Registrar.
(3)  This section has effect despite any law to the contrary.
31J   Administrative review by Civil and Administrative Tribunal of certain decisions under this Part
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions in relation to the making of an application to the Registrar or a registering authority for the change of name of the person:
(a)  a decision of the supervising authority (other than the Mental Health Review Tribunal) under Division 3 to refuse to approve the making of the application,
(b)  a decision by the Commissioner of Corrective Services to refuse to give concurrence under section 31D (3) to the making of the application,
(c)  a decision by the Commissioner of Corrective Services or the Commissioner of Police to refuse to give approval under section 31F to the making of the application.
31K   Appeals from decisions of Mental Health Review Tribunal under this Part
(1)  A restricted person may appeal to the Forensic Division of the Mental Health Review Tribunal against a decision of the Tribunal under Division 3 to refuse to approve the making of an application to the Registrar or a registering authority for registration of a change of name of the restricted person.
(2)  A restricted person may appeal against the determination of an appeal by the Forensic Division of the Mental Health Review Tribunal under this section to the Supreme Court in accordance with section 163 of the Mental Health Act 2007.
(3)  This section does not give a right of appeal against a decision of the Mental Health Review Tribunal that was made only because the Commissioner of Corrective Services refused to give concurrence under section 31D (3).
(4)  In this section, the Forensic Division of the Mental Health Review Tribunal has the same meaning as in Part 5 of the Mental Health (Forensic Provisions) Act 1990.
31L   Protection of security sensitive information
(1)  This section applies to the following decisions:
(a)  a decision of the Commissioner of Corrective Services to refuse to give approval or concurrence under section 31D or 31F on a ground referred to in section 31D (2) (a),
(b)  a decision of the Commissioner of Police to refuse to give approval under section 31F on a ground referred to in section 31F (4) (a).
(2)  The Commissioner of Corrective Services or the Commissioner of Police is not, under this or any other Act or law, required to give any reasons for a decision of the Commissioner’s to which this section applies to the extent that the giving of those reasons would disclose any security sensitive information.
(3)  In determining an application for an administrative review of any decision to which this section applies, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):
(a)  is to ensure that it does not, in the reasons for its decision or otherwise, disclose any security sensitive information without the approval of the Commissioner who made the decision, and
(b)  in order to prevent the disclosure of any such security sensitive information, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review, the applicant’s representative and any other interested party, unless that Commissioner approves otherwise.
(4)  In this section, security sensitive information means information classified by the Commissioner of Corrective Services or the Commissioner of Police for the purposes of this section as security sensitive information, being information the disclosure of which could reasonably be expected:
(a)  to prejudice criminal investigations, or
(b)  to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement, or
(c)  to endanger a person’s life or physical safety, or
(d)  to adversely affect the security, discipline or good order of a correctional centre, correctional complex or residential facility (within the meaning of the Crimes (Administration of Sentences) Act 1999), or
(e)  to adversely affect the supervision of any parolee or person subject to a supervision order.
32   Change of name may still be established by repute or usage
This Part does not prevent a change of name by repute or usage.