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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 26 July 2017 at 19:02)
Part 5 Division 3
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.