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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 18 October 2017 at 05:52)
Part 5
Part 5 Change of name
Division 1 Preliminary
25F   Definitions
In this Part:
Commissioner of Corrective Services has the same meaning as Commissioner in the Crimes (Administration of Sentences) Act 1999.
correctional centre has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
correctional patient has the same meaning as in Part 5 of the Mental Health (Forensic Provisions) Act 1990.
forensic patient has the same meaning as in the Mental Health (Forensic Provisions) Act 1990.
former serious offender means a person who was a serious offender but is no longer a serious offender.
inmate has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
mental health facility has the same meaning as in the Mental Health Act 2007.
Mental Health Review Tribunal means the Mental Health Review Tribunal constituted under the Mental Health Act 2007.
parolee means a person who:
(a)  is released on parole in accordance with the Crimes (Administration of Sentences) Act 1999, or
(b)  is the subject of a parole order that was made under a law of another State or a Territory and that is registered under the Parole Orders (Transfer) Act 1983.
periodic detainee means a person who is subject to a periodic detention order made under section 6 of the Crimes (Sentencing Procedure) Act 1999 before the repeal of that section by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and that is in force.
person on remand means any person the subject of a warrant or order by which a court has committed the person to a correctional centre in connection with proceedings for an offence committed, or alleged to have been committed, by the person.
restricted person—see section 31B.
serious offender has the same meaning as in the Crimes (Administration of Sentences) Act 1999 and includes a person who has been convicted of an offence, or is serving a sentence of imprisonment, elsewhere than in New South Wales that would, if the person were convicted or serving the sentence in New South Wales, result in the person being a serious offender within the meaning of that Act.
supervising authority means:
(a)  in relation to a restricted person who is a forensic patient, the Mental Health Review Tribunal, or
(b)  in relation to a restricted person who is not a forensic patient and who is of a class of restricted persons for whom a supervising authority is prescribed by the regulations, that supervising authority, or
(c)  in relation to any restricted person not referred to in paragraph (a) or (b), the Commissioner of Corrective Services.
supervision order means:
(a)  an interim supervision order or extended supervision order under the Crimes (High Risk Offenders) Act 2006, or
(b)  a community supervision order within the meaning of Part 4A of the Crimes (Administration of Sentences) Act 1999 or an intensive correction order or home detention order within the meaning of that Act.
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.
Division 3 Change of name restrictions for certain persons
31A   Application of Division
(1)  The requirements and restrictions contained in this Division are in addition to any other requirements and restrictions contained in this Part.
(2)  This Division does not apply to a change of name resulting from the exercise of a power, or the operation of an Act, referred to in section 29C (3).
Note.
 The Child Protection (Offenders Registration) Act 2000 contains additional requirements and restrictions in relation to the change of name of registrable persons within the meaning of that Act.
31B   Restricted persons
(1)  For the purposes of this Part, a restricted person means any of the following persons:
(a)  an inmate,
(b)  a person on remand,
(c)  a parolee,
(d)  a periodic detainee,
(e)  a person who is subject to a supervision order,
(f)  a forensic patient,
(g)  a correctional patient,
(h)  a person of a class included by the regulations under subsection (2).
(2)  The regulations may include as a class of restricted person any person of a class that comprises the whole or any part of either or both of the following classes:
(a)  persons that are in lawful custody,
(b)  persons that are the subject of an order made under an Act authorising some form of supervision or conditional release of the person concerned in connection with the commission, or the alleged commission, of an offence
(3)  Despite subsection (1), a restricted person does not include any person of a class prescribed by the regulations as not being a class of restricted persons.
31C   Applications for change of name by or on behalf of restricted person
(1)  A restricted person must not do any of the following without having first obtained the written approval of the supervising authority:
(a)  apply to the Registrar to register a change of his or her name under this Act,
(b)  apply to a registering authority to register a change of his or her name under a corresponding law.
Maximum penalty: 5 penalty units.
(2)  A person must not, on behalf of a restricted person, do any of the following without having first obtained the written approval of the supervising authority:
(a)  apply to the Registrar to register a change of the restricted person’s name under this Act,
(b)  apply to a registering authority to register a change of the restricted person’s name under a corresponding law.
Maximum penalty: 5 penalty units.
31D   Approval by supervising authority
(1)  The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person only if the supervising authority is satisfied that the change of name is in all the circumstances necessary or reasonable.
(2)  The supervising authority must not approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person if the supervising authority is satisfied that:
(a)  the change of name would, if registered, be reasonably likely:
(i)  to adversely affect the security, discipline or good order of any premises or facility at which the restricted person is held or accommodated, or
(ii)  to jeopardise the restricted person’s or another person’s health or safety, or
(iii)  to be used to further an unlawful activity or purpose, or
(iv)  to be used to evade or hinder the supervision of the restricted person, or
(b)  the proposed name would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.
(3)  The supervising authority for a restricted person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e) must not approve the making of an application to the Registrar or a registering authority for registration of a change of the person’s name unless the supervising authority has consulted with the Commissioner of Corrective Services and the Commissioner has given concurrence.
Note.
 The supervising authority for all forensic patients is the Mental Health Review Tribunal.
(4)  Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services as to whether to give concurrence in the same way as those subsections apply to a determination of a supervising authority as to whether to give approval.
(5)  If the supervising authority approves of the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person, the supervising authority must:
(a)  as soon as practicable, give written notice of the approval to the person who intends to make the application, and
(b)  give a copy of the written notice of approval to the Registrar or the registering authority (as the case requires).
31E   Additional requirements for registration of change of name of restricted person
(1)  The Registrar must not register a change of name of a restricted person unless the Registrar has received a copy of the notice of approval of the supervising authority to the application for registration of a change of name.
(2)  The Registrar must give written notice to the supervising authority of a decision of the Registrar to register or refuse to register a change of name of a restricted person.
(3)  The Registrar must give written notice:
(a)  to the Commissioner of Corrective Services when the Registrar registers the name of a person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e), and
(b)  to the Commissioner of Police when the Registrar registers the name of a person who is a restricted person and a registrable person (within the meaning of the Child Protection (Offenders Registration) Act 2000).
31F   Additional requirements for registration of change of name of former serious offender
(1)  The Registrar must not register a change of name of a former serious offender unless the Registrar has first obtained the written approval of the Commissioner of Corrective Services and the Commissioner of Police.
(2)  However, the Registrar is not required to obtain the approval of the Commissioner of Police under this section if the Commissioner has given approval under Part 3A of the Child Protection (Offenders Registration) Act 2000 to the making of the relevant application to change the name.
(3)  The Commissioner of Corrective Services and the Commissioner of Police may approve the making of an application to the Registrar for registration of a change of name of a former serious offender only if satisfied that the change of name is in all the circumstances necessary or reasonable.
(4)  The Commissioner of Corrective Services and the Commissioner of Police must not give an approval under this section if satisfied that:
(a)  the change of name would, if registered, be reasonably likely:
(i)  to jeopardise the former serious offender’s or another person’s health or safety, or
(ii)  to be used to further an unlawful activity or purpose, or
(b)  the proposed name would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.
(5)  This section does not apply to the change of name of a person who is a former serious offender if:
(a)  at any time since the release date, the person has had a prison-free period of 10 consecutive years, or
(b)  at the time of making the application for the change of name, the person is a restricted person, or
(c)  the person’s conviction for an offence as a result of which the person became a serious offender has been quashed or set aside.
(6)  This section applies to a former serious offender despite the Criminal Records Act 1991.
(7)  In this section:
prison-free period, in relation to a person who is a former serious offender, means any period during which the person has not served any part of a term of imprisonment (whether in New South Wales or elsewhere) as a result of being convicted of any offence.
release date, in relation to a person who is a former serious offender, means:
(a)  the date on which the last sentence of imprisonment that the person served wholly or partly as a serious offender (whether in New South Wales or elsewhere) expired or, if the person was serving one or more other sentences of imprisonment consecutively or concurrently with that sentence of imprisonment, the date on which the combined terms of all of the sentences expired, or
(b)  if the person was a serious offender and a forensic patient, the date on which the person ceased to be a serious offender.
31G   Registrar may correct Register
(1)  The Registrar may correct the Register under section 45 if a change of name of a person has been registered in contravention of this Division.
(2)  This section does not limit the power of the Registrar under section 45 to correct the Register.
31H   Regulations for purposes of Division
The regulations may make provision for or with respect to the making of applications under this Division, the giving of approvals and concurrences under this Division, consultation requirements for supervising authorities, exemptions from the requirements of any of the provisions of this Division and the modification of the application of the provisions of this Division in any specified circumstances.
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.