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This is a Bill, not an Act. For current law, see the Acts databases.
Births, Deaths and Marriages
Registration Amendment (Change of
Name) Bill 2012
No , 2012
A Bill for
An Act to amend the Births, Deaths and Marriages Registration Act 1995 in relation
to change of name restrictions for certain persons; and for other purposes.
Births, Deaths and Marriages Registration Amendment (Change of Name)
Clause 1 Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Births, Deaths and Marriages Registration Amendment 3
(Change of Name) Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
Schedule 1 Amendment of Births, Deaths and 1
Marriages Registration Act 1995 No 62 2
[1] Part 5 Change of name 3
Insert after the heading to the Part: 4
Division 1 Preliminary 5
25F Definitions 6
In this Part: 7
Commissioner of Corrective Services has the same meaning as 8
Commissioner in the Crimes (Administration of Sentences) 9
Act 1999. 10
correctional centre has the same meaning as in the Crimes 11
(Administration of Sentences) Act 1999. 12
correctional patient has the same meaning as in Part 5 of the 13
Mental Health (Forensic Provisions) Act 1990. 14
forensic patient has the same meaning as in the Mental Health 15
(Forensic Provisions) Act 1990. 16
former serious offender means a person who was a serious 17
offender but is no longer a serious offender. 18
inmate has the same meaning as in the Crimes (Administration of 19
Sentences) Act 1999. 20
interstate Registrar means an authority responsible under a 21
corresponding law for the registration of births, deaths and 22
marriages. 23
mental health facility has the same meaning as in the Mental 24
Health Act 2007. 25
Mental Health Review Tribunal means the Mental Health 26
Review Tribunal constituted under the Mental Health Act 2007. 27
parolee means a person who: 28
(a) is released on parole in accordance with the Crimes 29
(Administration of Sentences) Act 1999, or 30
(b) is the subject of a parole order that was made under a law 31
of another State or a Territory and that is registered under 32
the Parole Orders (Transfer) Act 1983. 33
periodic detainee means a person who is subject to a periodic 34
detention order made under section 6 of the Crimes (Sentencing 35
Procedure) Act 1999 before the repeal of that section by the 36
Crimes (Sentencing Legislation) Amendment (Intensive 37
Correction Orders) Act 2010 and that is in force. 38
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
person on remand means any person the subject of a warrant or 1
order by which a court has committed the person to a correctional 2
centre in connection with proceedings for an offence committed, 3
or alleged to have been committed, by the person. 4
restricted person--see section 31B. 5
serious offender has the same meaning as in the Crimes 6
(Administration of Sentences) Act 1999 and includes a person 7
who has been convicted of an offence, or is serving a sentence of 8
imprisonment, elsewhere than in New South Wales that would, if 9
the person were convicted or serving the sentence in New South 10
Wales, result in the person being a serious offender within the 11
meaning of that Act. 12
supervising authority means: 13
(a) in relation to a restricted person who is a forensic patient, 14
the Mental Health Review Tribunal, or 15
(b) in relation to a restricted person who is not a forensic 16
patient and who is of a class of restricted persons for whom 17
a supervising authority is prescribed by the regulations, 18
that supervising authority, or 19
(c) in relation to any restricted person not referred to in 20
paragraph (a) or (b), the Commissioner of Corrective 21
Services. 22
supervision order means: 23
(a) an interim supervision order or extended supervision order 24
under the Crimes (Serious Sex Offenders) Act 2006, or 25
(b) a community supervision order within the meaning of 26
Part 4A of the Crimes (Administration of Sentences) Act 27
1999 or an intensive correction order or home detention 28
order within the meaning of that Act. 29
Division 2 General requirements relating to change of 30
name 31
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
[2] Part 5, Division 3 1
Insert after section 31: 2
Division 3 Change of name restrictions for certain 3
persons 4
31A Application of Division 5
(1) The requirements and restrictions contained in this Division are 6
in addition to any other requirements and restrictions contained 7
in this Part. 8
(2) This Division does not apply to a change of name resulting from 9
the exercise of a power, or the operation of an Act, referred to in 10
section 29C (3). 11
Note. The Child Protection (Offenders Registration) Act 2000 contains 12
additional requirements and restrictions in relation to the change of 13
name of registrable persons within the meaning of that Act. 14
31B Restricted persons 15
(1) For the purposes of this Part, a restricted person means any of the 16
following persons: 17
(a) an inmate, 18
(b) a person on remand, 19
(c) a parolee, 20
(d) a periodic detainee, 21
(e) a person who is subject to a supervision order, 22
(f) a forensic patient, 23
(g) a correctional patient, 24
(h) a person of a class included by the regulations under 25
subsection (2). 26
(2) The regulations may include as a class of restricted person any 27
person of a class that comprises the whole or any part of either or 28
both of the following classes: 29
(a) persons that are in lawful custody, 30
(b) persons that are the subject of an order made under an Act 31
authorising some form of supervision or conditional 32
release of the person concerned in connection with the 33
commission, or the alleged commission, of an offence 34
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Births, Deaths and Marriages Registration Amendment (Change of Name)
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Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(3) Despite subsection (1), a restricted person does not include any 1
person of a class prescribed by the regulations as not being a class 2
of restricted persons. 3
31C Applications for change of name by or on behalf of restricted 4
person 5
(1) A restricted person must not do any of the following without 6
having first obtained the written approval of the supervising 7
authority: 8
(a) apply to the Registrar to register a change of his or her 9
name under this Act, 10
(b) apply to an interstate Registrar to register a change of his 11
or her name under a corresponding law. 12
Maximum penalty: 5 penalty units. 13
(2) A person must not, on behalf of a restricted person, do any of the 14
following without having first obtained the written approval of 15
the supervising authority: 16
(a) apply to the Registrar to register a change of the restricted 17
person's name under this Act, 18
(b) apply to an interstate Registrar to register a change of the 19
restricted person's name under a corresponding law. 20
Maximum penalty: 5 penalty units. 21
31D Approval by supervising authority 22
(1) The supervising authority may approve the making of an 23
application to the Registrar for registration of a change of name 24
of a restricted person only if the authority is satisfied that the 25
change of name is in all the circumstances necessary or 26
reasonable. 27
(2) The supervising authority must not approve the making of an 28
application to the Registrar for registration of a change of name 29
of a restricted person if the authority is satisfied that: 30
(a) the change of name would, if registered, be reasonably 31
likely: 32
(i) to adversely affect the security, discipline or good 33
order of any premises or facility at which the 34
restricted person is held or accommodated, or 35
(ii) to jeopardise the restricted person's or another 36
person's health or safety, or 37
(iii) to be used to further an unlawful activity or purpose, 38
or 39
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
(iv) to be used to evade or hinder the supervision of the 1
restricted person, or 2
(b) the proposed name would be reasonably likely to be 3
regarded as offensive by a victim of crime or an 4
appreciable sector of the community. 5
(3) The supervising authority for a restricted person who is a forensic 6
patient and a person referred to in section 31B (1) (a), (b), (c), (d) 7
or (e) must not approve the making of an application to the 8
Registrar for registration of a change of the person's name unless 9
the authority has consulted with the Commissioner of Corrective 10
Services and the Commissioner has given concurrence. 11
Note. The supervising authority for all forensic patients is the Mental 12
Health Review Tribunal. 13
(4) Subsections (1) and (2) apply to a determination of the 14
Commissioner of Corrective Services as to whether to give 15
concurrence in the same way as those subsections apply to a 16
determination of a supervising authority as to whether to give 17
approval. 18
(5) If the supervising authority approves of the making of an 19
application to the Registrar for registration of a change of name 20
of a restricted person, the authority must: 21
(a) as soon as practicable, give written notice of the approval 22
to the person who intends to make the application, and 23
(b) give a copy of the written notice of approval to the 24
Registrar or the interstate Registrar (as the case requires). 25
31E Additional requirements for registration of change of name of 26
restricted person 27
(1) The Registrar must not register a change of name of a restricted 28
person unless the Registrar has received a copy of the notice of 29
approval of the supervising authority to the application for 30
registration of a change of name. 31
(2) The Registrar must give written notice to the supervising 32
authority of a decision of the Registrar to register or refuse to 33
register a change of name of a restricted person. 34
(3) The Registrar must give written notice: 35
(a) to the Commissioner of Corrective Services when the 36
Registrar registers the name of a person who is a forensic 37
patient and a person referred to in section 31B (1) (a), (b), 38
(c), (d) or (e), and 39
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Bill 2012
Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(b) to the Commissioner of Police when the Registrar registers 1
the name of a person who is a restricted person and a 2
registrable person (within the meaning of the Child 3
Protection (Offenders Registration) Act 2000). 4
31F Additional requirements for registration of change of name of 5
former serious offender 6
(1) The Registrar must not register a change of name of a former 7
serious offender unless the Registrar has first obtained the written 8
approval of the Commissioner of Corrective Services and the 9
Commissioner of Police. 10
(2) However, the Registrar is not required to obtain the approval of 11
the Commissioner of Police under this section if the 12
Commissioner has given approval under Part 3A of the Child 13
Protection (Offenders Registration) Act 2000 to the making of 14
the relevant application to change the name. 15
(3) The Commissioner of Corrective Services and the Commissioner 16
of Police may approve the making of an application to the 17
Registrar for registration of a change of name of a former serious 18
offender only if satisfied that the change of name is in all the 19
circumstances necessary or reasonable. 20
(4) The Commissioner of Corrective Services and the Commissioner 21
of Police must not give an approval under this section if satisfied 22
that: 23
(a) the change of name would, if registered, be reasonably 24
likely: 25
(i) to jeopardise the former serious offender's or 26
another person's health or safety, or 27
(ii) to be used to further an unlawful activity or purpose, 28
or 29
(b) the proposed name would be reasonably likely to be 30
regarded as offensive by a victim of crime or an 31
appreciable sector of the community. 32
(5) This section does not apply to the change of name of a person 33
who is a former serious offender if: 34
(a) at any time since the release date, the person has had a 35
prison-free period of 10 consecutive years, or 36
(b) at the time of making the application for the change of 37
name, the person is a restricted person, or 38
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
(c) the person's conviction for an offence as a result of which 1
the person became a serious offender has been quashed or 2
set aside. 3
(6) This section applies to a former serious offender despite the 4
Criminal Records Act 1991. 5
(7) In this section: 6
prison-free period, in relation to a person who is a former serious 7
offender, means any period during which the person has not 8
served any part of a term of imprisonment (whether in New South 9
Wales or elsewhere) as a result of being convicted of any offence. 10
release date, in relation to a person who is a former serious 11
offender, means: 12
(a) the date on which the last sentence of imprisonment that 13
the person served wholly or partly as a serious offender 14
(whether in New South Wales or elsewhere) expired or, if 15
the person was serving one or more other sentences of 16
imprisonment consecutively or concurrently with that 17
sentence of imprisonment, the date on which the combined 18
terms of all of the sentences expired, or 19
(b) if the person was a serious offender and a forensic patient, 20
the date on which the person ceased to be a serious 21
offender. 22
31G Registrar may correct Register 23
(1) The Registrar may correct the Register under section 45 if a 24
change of name of a person has been registered in contravention 25
of this Division. 26
(2) This section does not limit the power of the Registrar under 27
section 45 to correct the Register. 28
31H Regulations for purposes of Division 29
The regulations may make provision for or with respect to the 30
making of applications under this Division, the giving of 31
approvals and concurrences under this Division, consultation 32
requirements for supervising authorities, exemptions from the 33
requirements of any of the provisions of this Division and the 34
modification of the application of the provisions of this Division 35
in any specified circumstances. 36
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
[3] Part 5, Division 4 1
Insert before section 32: 2
Division 4 Miscellaneous 3
31I Information-sharing between relevant authorities and Registrar 4
(1) A supervising authority: 5
(a) must ensure that the Registrar is provided with information 6
as to the identity of the restricted persons for whom it is the 7
supervising authority, including the following information 8
in relation to each of those persons (if known to the 9
authority): 10
(i) the name (including any other name by which a 11
restricted person is or has previously been known), 12
(ii) the date and place of birth of each restricted person, 13
(iii) the residential address or addresses of each 14
restricted person, and 15
(b) must provide that information in the form and manner 16
agreed to from time to time between the authority and the 17
Registrar, and 18
(c) must notify the Registrar as soon as practicable after a 19
person ceases to be a restricted person if the Registrar has 20
previously been notified by the authority that the person is 21
a restricted person. 22
(2) The Commissioner of Corrective Services: 23
(a) must ensure that the Registrar is provided with information 24
as to the identity of persons who are former serious 25
offenders, including the following information in relation 26
to each of those persons (if known to the Commissioner): 27
(i) the name (including any other name by which each 28
such person is or has previously been known), 29
(ii) the date and place of birth of each such person, 30
(iii) the residential address or addresses of each such 31
person, 32
(iv) the release date of each such person (within the 33
meaning of section 31F), and 34
(b) must provide that information in the form and manner 35
agreed to from time to time between the Commissioner 36
and the Registrar. 37
(3) This section has effect despite any law to the contrary. 38
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Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
31J Review by Administrative Decisions Tribunal of certain decisions 1
under this Part 2
A person may apply to the Administrative Decisions Tribunal for 3
a review of the following decisions in relation to the making of 4
an application to the Registrar for the change of name of the 5
person: 6
(a) a decision of the supervising authority (other than the 7
Mental Health Review Tribunal) under Division 3 to 8
refuse to approve the making of the application, 9
(b) a decision by the Commissioner of Corrective Services to 10
refuse to give concurrence under section 31D (3) to the 11
making of the application, 12
(c) a decision by the Commissioner of Corrective Services or 13
the Commissioner of Police to refuse to give approval 14
under section 31F to the making of the application. 15
31K Appeals from decisions of Mental Health Review Tribunal under 16
this Part 17
(1) A restricted person may appeal to the Forensic Division of the 18
Mental Health Review Tribunal against a decision of the Tribunal 19
under Division 3 to refuse to approve the making of an 20
application to the Registrar for registration of a change of name 21
of the restricted person. 22
(2) A restricted person may appeal against the determination of an 23
appeal by the Forensic Division of the Mental Health Review 24
Tribunal under this section to the Supreme Court in accordance 25
with section 163 of the Mental Health Act 2007. 26
(3) This section does not give a right of appeal against a decision of 27
the Mental Health Review Tribunal that was made only because 28
the Commissioner of Corrective Services refused to give 29
concurrence under section 31D (3). 30
(4) In this section, the Forensic Division of the Mental Health 31
Review Tribunal has the same meaning as in Part 5 of the Mental 32
Health (Forensic Provisions) Act 1990. 33
31L Protection of security sensitive information 34
(1) This section applies to the following decisions: 35
(a) a decision of the Commissioner of Corrective Services to 36
refuse to give approval or concurrence under section 31D 37
or 31F on a ground referred to in section 31D (2) (a), 38
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Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(b) a decision of the Commissioner of Police to refuse to give 1
approval under section 31F on a ground referred to in 2
section 31F (4) (a). 3
(2) The Commissioner of Corrective Services or the Commissioner 4
of Police is not, under this or any other Act or law, required to 5
give any reasons for a decision of the Commissioner's to which 6
this section applies to the extent that the giving of those reasons 7
would disclose any security sensitive information. 8
(3) In determining an application for a review of any decision to 9
which this section applies, the Administrative Decisions Tribunal 10
(and any Appeal Panel in determining any appeal against such a 11
review under the Administrative Decisions Tribunal Act 1997): 12
(a) is to ensure that it does not, in the reasons for its decision 13
or otherwise, disclose any security sensitive information 14
without the approval of the Commissioner who made the 15
decision, and 16
(b) in order to prevent the disclosure of any such security 17
sensitive information, is to receive evidence and hear 18
argument in the absence of the public, the applicant for 19
review, the applicant's representative and any other 20
interested party, unless that Commissioner approves 21
otherwise. 22
(4) In this section, security sensitive information means information 23
classified by the Commissioner of Corrective Services or the 24
Commissioner of Police for the purposes of this section as 25
security sensitive information, being information the disclosure 26
of which could reasonably be expected: 27
(a) to prejudice criminal investigations, or 28
(b) to enable the discovery of the existence or identity of a 29
confidential source of information relevant to law 30
enforcement, or 31
(c) to endanger a person's life or physical safety, or 32
(d) to adversely affect the security, discipline or good order of 33
a correctional centre, correctional complex or residential 34
facility (within the meaning of the Crimes (Administration 35
of Sentences) Act 1999), or 36
(e) to adversely affect the supervision of any parolee or person 37
subject to a supervision order. 38
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
[4] Section 56 Review by the Administrative Decisions Tribunal 1
Insert at the end of the section: 2
(2) This section does not give a right of review of a decision of the 3
Registrar to refuse to register a change of name that was made 4
only because the Commissioner of Corrective Services or the 5
Commissioner of Police refused to give approval under 6
section 31F. 7
[5] Schedule 3 Savings, transitional and other provisions 8
Insert at the end of clause 1 (1): 9
Births, Deaths and Marriages Registration Amendment (Change 10
of Name) Act 2012 11
[6] Schedule 3, Part 7 12
Insert after Part 6: 13
Part 7 Provisions consequent on enactment of 14
Births, Deaths and Marriages Registration 15
Amendment (Change of Name) Act 2012 16
22 Definition 17
In this Part, amending Act means the Births, Deaths and 18
Marriages Registration Amendment (Change of Name) Act 2012. 19
23 Approvals required for change of name of restricted persons 20
Division 3 of Part 5 (as inserted by the amending Act) does not 21
apply to or in respect of a change of name of a restricted person 22
(within the meaning of that Part) if the application for the change 23
of name was made before the commencement of that Division. 24
24 Change of name of former serious offenders 25
A reference in section 31F (as inserted by the amending Act): 26
(a) to a former serious offender includes a reference to a 27
person who ceased to be a serious offender before the 28
commencement of the section, and 29
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Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(b) to a release date is a reference to a release date whether 1
occurring before or after the commencement of the 2
section, and 3
(c) to any period of time includes a reference to any period of 4
time occurring wholly or partly before the commencement 5
of the section. 6
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Consequential amendment of other legislation Schedule 2
Schedule 2 Consequential amendment of other 1
legislation 2
2.1 Births, Deaths and Marriages Registration Regulation 2011 3
Clause 16A 4
Insert after clause 16: 5
16A Exemptions from certain provisions of Division 3 of Part 5 of the 6
Act 7
(1) For the purposes of section 31B of the Act, persons who are 8
inmates, parolees, periodic detainees, forensic patients or 9
correctional patients, or are subject to a supervision order, solely 10
because of one or more of the following reasons are prescribed as 11
not being a class of restricted person: 12
(a) because of the commission or alleged commission of an 13
offence under a law of the Commonwealth, 14
(b) because the person is the subject of a warrant under 15
section 170 (1) (a) of the Defence Force Discipline Act 16
1982 of the Commonwealth by which an authorised officer 17
under that Act has committed the person to a correctional 18
centre pursuant to a punishment of imprisonment imposed 19
under that Act, 20
(c) because the person is a detainee within the meaning of the 21
Migration Act 1958 of the Commonwealth and who is held 22
in a correctional centre as referred to in paragraph (b) (ii) 23
of the definition of immigration detention in section 5 of 24
that Act, 25
(d) because the person is in the keeping of a correctional 26
officer under section 250 of the Crimes (Administration of 27
Sentences) Act 1999. 28
(2) A person is exempt from section 31F of the Act if the person is a 29
former serious offender only because of the commission or 30
alleged commission of an offence under a law of the 31
Commonwealth. 32
(3) In this clause, terms defined in Part 5 of the Act have the same 33
meanings as they have in that Part. 34
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Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2012
Schedule 2 Consequential amendment of other legislation
2.2 Child Protection (Offenders Registration) Act 2000 No 42 1
Section 19C Application of Part 2
Insert at the end of the section: 3
(2) For the avoidance of doubt, the provisions of Division 3 of Part 5 4
of the Births, Deaths and Marriages Registration Act 1995 apply 5
to a change of name of a registrable person in addition to the 6
provisions of this Part. 7
2.3 Mental Health Regulation 2007 8
Clause 21 Constitution of Tribunal for certain proceedings 9
Insert at the end of the clause: 10
(2) The Tribunal must be constituted by the President or a Deputy 11
President for the purpose of exercising the function of 12
determining whether to grant an approval to the making of an 13
application for a change of name of a forensic patient as a 14
supervising authority under Division 3 of Part 5 of the Births, 15
Deaths and Marriages Registration Act 1995. 16
Page 16
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