New South Wales: Births, Deaths and Marriages Registration Act 1995 (NSW)

Births, Deaths and Marriages Registration Act 1995 No 62 An Act to provide for the registration of births, deaths and marriages and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Births, Deaths and Marriages Registration Act 1995. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are to provide for— (a) the registration of births, deaths and marriages in New South Wales, and (b) the registration of adoption information, and (c) the registration of changes of name and the recording of changes of sex, and (d) the keeping of registers for recording and preserving information about births, adoptions, deaths, marriages, registered relationships, changes of name and changes of sex in perpetuity, and (e) access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State, and (f) the issue of certified information from the registers, and (g) the collection and dissemination of statistical information. 4 Definitions (1) In this Act— adult means a person who is 18 or above or, although under 18, is or has been married. birth includes a stillbirth. birth certificate means a certificate issued under section 49 as to the particulars contained in an entry in the Register in relation to a person's birth. birth registration statement see section 14. change of name includes an addition, omission or substitution. child includes a stillborn child. corresponding law means a law of another State that provides for the registration of births, deaths and marriages. death does not include a stillbirth. disposal of human remains means— (a) cremation of the remains, or (b) burial of the remains (including burial at sea), or (c) placing the remains in a mausoleum or other permanent resting place, or (d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research, or (e) removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage). exercise a function includes perform a duty. function includes a power, authority or duty. funeral director means a person who carries on the business of arranging for the disposal of human remains. prohibited name means a name that— (a) is obscene or offensive, or (b) could not practicably be established by repute or usage— (i) because it is too long, or (ii) because it consists of or includes symbols without phonetic significance, or (iii) for some other reason, or (c) includes or resembles an official title or rank, or (d) is contrary to the public interest for some other reason. registrable event means a birth, adoption or discharge of adoption, change of name, change of sex, death or marriage. registrable information means information that must or may be included in the Register1. Register see section 43. registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages. Registrar means a Public Service senior executive, within the meaning of the Government Sector Employment Act 2013, employed as the Registrar of Births, Deaths and Marriages. State includes a Territory. stillbirth means the birth of a stillborn child. stillborn child means a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that— (a) is of at least 20 weeks' gestation, or (b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes in the text of this Act do not form part of this Act. Note. 1See section 43 (2) 4A Application of Act to relationships under the Relationships Register Act 2010 This Act and the regulations apply to a relationship that the Registrar determines may be registered under the Relationships Register Act 2010 in the same way that they apply to a registrable event. Part 2 Administration Division 1 The Registrar 5 Registrar The Registrar is, in the exercise of functions under this Act, subject to the control and direction of the Minister. 6 Registrar's general functions The Registrar's general functions are— (a) to establish and maintain the registers1 necessary for the purposes of this Act and the Relationships Register Act 2010, and (a1) to maintain the integrity of the Register and to seek to prevent identity fraud associated with the Register and the information extracted from the Register, and (b) to administer the registration system established by this Act and ensure that the system operates efficiently, effectively and economically, and (c) to ensure that this Act is administered in the way best calculated to achieve its objects. Note. 1The registers are collectively referred to as the "Register". See section 43. 7 Registrar's staff (1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Registrar to exercise the Registrar's functions under this Act and the Relationships Register Act 2010. (2) The Registrar may engage persons under a contract to provide services to enable the Registrar to exercise the Registrar's functions under this Act and the Relationships Register Act 2010, including engaging persons through a labour hire arrangement. 8 Delegation (1) The Registrar may delegate to an authorised person any of the Registrar's functions under this Act and the Relationships Register Act 2010, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the Registrar if the delegate is authorised in writing to do so by the Registrar. (3) In this section— authorised person means the following— (a) a Public Service employee, within the meaning of the Government Sector Employment Act 2013, (b) a person engaged under a contract to provide services to enable the Registrar to exercise the Registrar's functions under this Act or the Relationships Register Act 2010, including a person engaged through a labour hire arrangement, (c) a person prescribed by the regulations. Division 2 Execution of documents 9 The Registrar's seal The Registrar is to have a seal. 10 Execution of documents (1) The Registrar may issue a certificate or other document under the Registrar's signature and seal, or under a copy of the Registrar's signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations. (2) If a document produced before a court or an administrative authority or official is apparently under— (a) the Registrar's signature and seal, or (b) a copy of the Registrar's signature and seal produced by stamp or machine imprint or by some other method authorised by the regulations, the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority. (3) Judicial notice is to be taken of the Registrar's seal. Division 3 Reciprocal administrative arrangements 11 Reciprocal administrative arrangements (1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for— (a) the exercise by the Registrar of functions of the registering authority under the corresponding law, and (b) the exercise by the registering authority under the corresponding law of functions of the Registrar under this Act. (2) When an arrangement is in force under this section— (a) the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the registering authority under the corresponding law, and (b) the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the functions of the Registrar under this Act and anything done by the registering authority under this paragraph is taken to have been done by the Registrar under this Act. (3) An arrangement under this section may— (a) establish a database in which information is recorded for the benefit of all the participants in the arrangement, and (b) provide for access to information contained in the database, and (c) provide for payments by or to participants in the arrangement for services provided under the arrangement. Part 3 Registration of births Division 1 Notification of births 12 Notification of births (1) When a child is born in the State, the responsible person must give notice of the birth to the Registrar in a form and manner required by the Registrar, specifying the particulars required by the regulations. Maximum penalty—5 penalty units. (2) The notice must be given— (a) in the case of a child born alive—within 7 days after birth, or (b) in the case of a stillbirth—within 48 hours after stillbirth. (3) When notice of a stillbirth is given, the responsible person must also give the Registrar, in a form and manner required by the Registrar— (a) a registered medical practitioner's certificate certifying the cause of foetal death, or (b) if a registered medical practitioner is of the opinion that it is impracticable or undesirable to certify the cause of foetal death at the time the notice referred to in subsection (2) (b) is given, a notice signed by a registered medical practitioner stating the registered medical practitioner's intention to complete such a certificate. (4) The certificate or notice referred to in subsection (3) must be completed by the registered medical practitioner responsible for the professional care of the birth mother at the birth or a registered medical practitioner who examined the body of the stillborn child after the stillbirth. (5) In this section— responsible person means— (a) in the case of a child born in a hospital or brought to a hospital within 24 hours after birth—the chief executive officer of the hospital, or (b) if the child was not born in a hospital or brought to a hospital within 24 hours after birth, and a registered medical practitioner or midwife was responsible for the professional care of the birth mother at the birth—that registered medical practitioner or midwife. Division 2 Registration of births 13 Cases in which registration of birth is required or authorised (1) If a child is born in the State, the birth must be registered under this Act. (2) If a court1 orders the registration of a birth, the birth must be registered under this Act. Note. 1The power to order registration of birth may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 19). (3) If a child is born— (a) in an aircraft during a flight to an airport in the State, or (b) on a ship during a voyage to a port in the State, the birth may be registered under this Act. (4) If a child is born outside the Commonwealth, but the child is to become (or in the case of a stillbirth, was to become) a resident of the State, the birth may be registered under this Act. (5) However, the birth of a child born outside the State is not to be registered under this Act if the birth is registered under a corresponding law. 14 How to have the birth of a child registered A person has the birth of a child registered under this Act by giving notice of the birth to the Registrar (the birth registration statement) in a form and manner required by the Registrar, specifying the particulars required by the regulations. 15 Responsibility to have birth registered (1) The parents of a child are jointly responsible for having the child's birth registered under this Act (and must both sign the birth registration statement) but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is not practicable to obtain the signatures of both parents on the birth registration statement. (2) If a child is a foundling, the person who has custody of the child is responsible for having the child's birth registered. (3) The Registrar may accept a birth registration statement from a person who is not responsible for having the child's birth registered if satisfied that— (a) the person lodging the statement has knowledge of the relevant facts, and (b) the child's parents are unable or unlikely to lodge a birth registration statement. 16 Obligation to have birth registered (1) A person responsible for having the birth of a child registered must have the birth registered (as provided by section 14) within 60 days after the date of the birth. Maximum penalty—10 penalty units. (2) However, the Registrar must accept a birth registration statement given for the purposes of having a birth registered even though it is given after the end of the 60 day period. 17 Registration (1) The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by the regulations. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars. 18 Registration of parentage details The Registrar must not include registrable information about the identity of a child's parent in the Register unless— (a) both parents of the child make a joint application for the inclusion of the information, or (b) one parent of the child makes an application for the inclusion of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason, or (c) one parent of the child makes an application for the inclusion of the information and the Registrar is satisfied that the other parent does not dispute the correctness of that information, or (d) a court orders the inclusion of the information in the Register, or (e) a court makes a finding that a particular person is a parent of the child, or (f) the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child's parent, or (g) the regulations authorise the Registrar to include the information. Division 3 Court powers 19 Orders for registration of birth or inclusion of registrable information (1) The District Court may, on application by an interested person or on its own initiative, order— (a) the registration of a birth, or (b) the inclusion of registrable information about a birth or a child's parents (including details of the marriage of a child's parents) in the Register. (1A) Such an order may only be made in respect of a birth— (a) in the case of an order under subsection (1) (a), if the birth occurred in the State, in an aircraft during a flight to an airport in the State or on a ship during a voyage to a port in the State, and (b) in the case of an order under subsection (1) (b), if the birth has been registered under this Act. (2) If any court (including any court of another State or the Commonwealth) makes a finding about a birth or a child's parents, the court may order registration of the birth or inclusion of registrable information about the birth or the parents in the Register. Division 4 Alteration of details of birth registration 20 Alteration of details after birth registration (1) An application to the Registrar for the addition of registrable information in a person's birth registration— (a) must be made in writing, and (b) must include the information required by the Registrar, and (c) must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and any other evidence that the Registrar may require. (2) This section is subject to section 18. (3) In this section, registrable information does not include information relating to a person's change of sex. Division 5 Child's name 21 Name of child (1) The birth registration statement must state the name of the child. (2) However, the Registrar may assign a name to the child if— (a) the name stated in the birth registration statement is a prohibited name, or (b) the birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child's name. 22 Dispute about child's name (1) If there is a dispute between parents about a child's name, either parent may apply to the District Court for a resolution of the dispute. (2) On an application under subsection (1), the District Court may— (a) resolve the dispute about the child's name as the Court considers appropriate, and (b) order the Registrar to register the child's name in a form specified in the order. (3) If any court (including any court of another State or the Commonwealth) resolves a dispute about a child's name, the court may order the Registrar to register the child's name in a form specified in the order. Division 6 Donor conception information 22A Child conceived using a donated gamete (1) A birth registration statement for a child may include a declaration that the child was conceived using a donated gamete and in such a case the Registrar must note in the Register that the statement included that declaration. (2) The Registrar must, when issuing a birth certificate to a person who is 18 years of age or more and to whom a declaration under subsection (1) relates, attach an addendum to the birth certificate noting that declaration and stating that further information may be available from the central register established under the Assisted Reproductive Technology Act 2007. (3) A birth certificate for a person must not include any information that indicates that the person may be a person who was conceived using a donated gamete. Part 4 Registration of adoptions 23 Duty to register adoptions (1) If a State adoption order or recognised foreign adoption order is made or an order is made for the discharge of such an order, the adoption or discharge of adoption must be registered under this Act. (2) If an Interstate adoption order is made in relation to a person whose birth or previous adoption is registered under this Act or an order is made for the discharge of an Interstate adoption order in relation to such a person, the adoption or discharge of adoption must be registered under this Act. (3) In this section— Interstate adoption order means an adoption order made (whether by a court or not) under the law in force in another State. recognised foreign adoption order means an adoption of a child that is recognised under section 108 or 113 of the Adoption Act 2000 but only if the adoption was organised by or under the authority of the Director-General of the Department of Family and Community Services. State adoption order means an adoption order or declaration under section 117 (Declaration of validity of foreign adoptions) under the Adoption Act 2000. 24 How adoptions are registered (1) The Registrar is to register an adoption or discharge of an adoption by registering the record of the adoption or discharge sent to the Registrar under Chapter 7 of the Adoption Act 2000. (2) The Registrar registers the record by making an entry about it in the Register including the information required by the regulations. (3) If the record relates to a person in relation to whom such a record has previously been registered under this Act, the Registrar is also to note a reference to the later record in the entry in the Register relating to the previous record. 24A Registration of deceased person's former intention to adopt (1) The adoptive parent of a person in relation to whom a record is registered under this Part may apply to the Registrar, in a form approved by the Registrar, for registration of the intention of a deceased person before his or her death to adopt the person jointly with the adoptive parent. (2) The Registrar registers an intention of a deceased person to adopt by making an entry about the intention to adopt in the Register including the information required by the regulations. (3) An application to the Registrar under this section must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration obtained from the Director-General of the Department of Community Services or an appropriate principal officer (within the meaning of the Adoption Act 2000) verifying the information contained in the application and any other evidence that the Registrar may require. 25 Record of adoption or discharge of adoption to be noted in birth registration (1) If a record of adoption, or discharge of adoption, registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the record in the entry relating to the birth of the person. (2) If a record of adoption, or discharge of adoption, received by the Registrar under Chapter 7 of the Adoption Act 2000 relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the record to be sent to the relevant registering authority. 25A Issuing birth certificates for adopted persons (1) After a person's adoption is registered under this Part, a birth certificate issued by the Registrar for the person must contain— (a) the relevant information recorded in the Register pursuant to section 24(2) in place of the corresponding information recorded in the Register pursuant to section 17(1) (a post-adoption birth certificate), or (b) the relevant information recorded in the Register pursuant to section 24(2) and the following additional information (an integrated birth certificate)— (i) the corresponding information recorded in the Register pursuant to section 17(1), (ii) if no information is recorded in the Register pursuant to section 17(1)—information, if any, recorded on the Register pursuant to section 43(2)(b) that the Registrar considers appropriate for inclusion in the certificate in relation to the birth of the person. (2) A post-adoption birth certificate must not include any information that indicates that the person has been adopted. (3) If an adoption is registered on or after the commencement of the Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020— (a) a post-adoption birth certificate issued by the Registrar must be accompanied by an integrated birth certificate, and (b) an integrated birth certificate issued by the Registrar must be accompanied by a post-adoption birth certificate. (4) This section applies whether or not the person's birth has been registered under this Act. (5) A person who is issued a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3) is only required to pay the fee for a single certificate. (6) If the Registrar has issued a person a post-adoption birth certificate and an integrated birth certificate in accordance with subsection (3), a subsequent application to the Registrar may be for either or both of the certificates. Part 4A Registration of parentage orders 25B How is parentage order registered (1) If a State parentage order is made or an order is made for the discharge of a State parentage order, the order or discharge of order must be registered under this Act. (2) The Registrar is to register a State parentage order or discharge of a State parentage order by registering the notice of the parentage order or discharge of a parentage order given to the Registrar under Part 3 of the Surrogacy Act 2010. (3) If an Interstate parentage order is made in relation to a person whose birth is registered under this Act or an order is made for the discharge of an Interstate parentage order in relation to such a person, the order or discharge of order may be registered under this Act. (4) The Registrar may register an Interstate parentage order or discharge of an Interstate parentage order by registering any notice of the parentage order or discharge of a parentage order given to the Registrar by a registering authority. (5) The Registrar registers a notice by making an entry about it in the Register including the information required by the regulations. (6) If the notice relates to a person in relation to whom such a notice has previously been registered under this Act, the Registrar is also to note a reference to the later notice in the entry in the Register relating to the previous notice. (7) In this section— Interstate parentage order has the same meaning as it has in the Surrogacy Act 2010. State parentage order means a parentage order made under the Surrogacy Act 2010. 25C Parentage record to be noted in birth registration (1) If a notice registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the notice in the entry relating to the birth of the person. (2) If a notice of a parentage order or discharge of a parentage order received by the Registrar under the Surrogacy Act 2010 relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the notice to be sent to the relevant registering authority. 25D Issuing birth certificate to person the subject of surrogacy arrangement (1) After a parentage order relating to a person is registered under this Part, a birth certificate issued by the Registrar for the person must contain the relevant information recorded in the Register pursuant to section 25B in place of the corresponding information recorded in the Register pursuant to section 17 (1). (2) In particular, a birth certificate for the person must not include any information that indicates that the person was the child of a surrogacy arrangement. (3) However, the Registrar must, if the Registrar issues a birth certificate to the person to whom it relates, and the person is at least 18 years of age, attach an addendum to the certificate that indicates that further information is available about the entry. (4) This section applies whether or not the person's birth has been registered under this Act. 25E Change of name to be notified (1) If at any time the Registrar registers a change of name in relation to a person to whom a registered parentage order relates, the Registrar is to notify the Director-General of the Department of Health of the change of name. (2) The Director-General is authorised to collect and use that information for the purposes of the administration of the central register under the Assisted Reproductive Technology Act 2007. 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 the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. forensic patient has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. 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 the Terrorism (High Risk Offenders) Act 2017, 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 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 (a1) the parent has sole parental responsibility, under a final parenting order made under the Family Law Act 1975 of the Commonwealth, to make decisions about— (i) major long-term issues for the child within the meaning of that Act, or (ii) the child's name, 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 (b) the operation of the Adoption Act 2000, the Law Enforcement and National Security (Assumed Identities) Act 2010, the Surrogacy Act 2010 or the Witness Protection Act 1995. 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 the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. 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. Part 5A Change of sex 32A Definitions In this Part— recognised details certificate means a certificate issued under section 32DD certifying the sex of a person who has undergone a sex affirmation procedure. sex affirmation procedure means a surgical procedure involving the alteration of a person's reproductive organs carried out— (a) for the purpose of assisting a person to be considered to be a member of the opposite sex, or (b) to correct or eliminate ambiguities relating to the sex of the person. 32B Application to alter register to record change of sex (1) A person who is 18 or above— (a) whose birth is registered in New South Wales, and (b) who has undergone a sex affirmation procedure, (c) (Repealed) may apply to the Registrar, in a form approved by the Registrar, for alteration of the record of the person's sex in the registration of the person's birth. (2) The parents of a child (or a parent if the applicant is the sole parent), or the guardian of a child— (a) whose birth is registered in New South Wales, and (b) who has undergone a sex affirmation procedure, (c) (Repealed) may apply to the Registrar, in a form approved by the Registrar, for alteration of the record of the child's sex in the registration of the child's birth. 32C Application must be accompanied by declarations by registered medical practitioners (1) An application under section 32B must be accompanied by— (a) 2 statutory declarations verifying that the person the subject of the application has undergone a sex affirmation procedure, and (b) such other documents and information as may be prescribed by the regulations. (2) A statutory declaration required under subsection (1)(a) must be by— (a) a registered medical practitioner, or (b) a person authorised to practise medicine by a law of a jurisdiction outside Australia. 32D Alteration of register (1) The Registrar is to determine an application under section 32B by making the alteration or by refusing to make the alteration. (2) Before altering the record of a person's sex in the registration of the person's birth, the Registrar may require the applicant to provide such particulars relating to the change of sex as may be prescribed by the regulations. (3) (Repealed) 32DA Application to register change of sex (1) A person who is 18 or above— (a) who is an Australian citizen or permanent resident of Australia, and (b) who lives, and has lived for at least one year, in New South Wales, and (c) who has undergone a sex affirmation procedure, and (d) (Repealed) (e) whose birth is not registered under this Act or a corresponding law, may apply to the Registrar, in a form approved by the Registrar, for the registration of the person's sex in the Register. (2) The parents of a child (or a parent if the applicant is the sole parent), or the guardian of a child— (a) who is an Australian citizen or permanent resident of Australia, and (b) who lives, and has lived for at least one year, in New South Wales, and (c) who has undergone a sex affirmation procedure, and (d) (Repealed) (e) whose birth is not registered under this Act or a corresponding law, may apply to the Registrar, in a form approved by the Registrar, for the registration of the child's sex in the Register. 32DB Documents to accompany application to register change of sex (1) An application under section 32DA must be accompanied by— (a) 2 statutory declarations verifying that the person the subject of the application has undergone a sex affirmation procedure, and (b) such other documents and information as may be prescribed by the regulations. (2) A statutory declaration required under subsection (1)(a) must be by— (a) a registered medical practitioner, or (b) a person authorised to practise medicine by a law of a jurisdiction outside Australia. 32DC Decision to register change of sex (1) The Registrar is to determine an application under section 32DA by registering the person's change of sex or refusing to register the person's change of sex. (2) Before registering a person's change of sex, the Registrar may require the applicant to provide such particulars relating to the change of sex as may be prescribed by the regulations. (3) (Repealed) 32DD Issue of recognised details certificate (1) This section applies if the Registrar registers a person's change of sex under section 32DC. (2) The Registrar must, on application by or on behalf of the person, issue a certificate certifying the particulars contained in the entry in the Register. 32E Issuing of new birth certificate (1) After the record of a person's sex is altered under this Part, a birth certificate issued by the Registrar for the person must, unless otherwise requested by the person, show the person's sex in accordance with the record as altered. (2) Any such birth certificate must not include a statement that the person has changed sex. 32F Issuing of old birth certificate (1) The child of a person the record of whose sex is altered under this Part, or a person prescribed by the regulations, may apply to the Registrar for a birth certificate for the person that shows the person's sex before the record was so altered. (2) Despite section 32E, the Registrar may issue such a birth certificate to the child or prescribed person. 32G, 32H (Repealed) 32I Effect of alteration of register and interstate recognition certificates (1) A person the record of whose sex is altered under this Part is, for the purposes of, but subject to, any law of New South Wales, a person of the sex as so altered. (2) A person to whom an interstate recognition certificate relates is, for the purposes of, but subject to, any law of New South Wales, a person of the sex as stated in the certificate. (3) An interstate recognition certificate is a certificate issued under the law of another State that is prescribed by the regulations for the purposes of this section. 32J Effect of registration of change of sex and interstate recognised details certificates (1) A person the record of whose sex is registered under this Part is, for the purposes of, but subject to, any law of New South Wales, a person of the sex so registered. (2) A person to whom an interstate recognised details certificate relates is, for the purposes of, but subject to, any law of New South Wales, a person of the sex stated in the certificate. (3) An interstate recognised details certificate is a certificate issued under the law of another State that is prescribed by the regulations for the purposes of this section. Part 6 Registration of marriages 33 Cases in which registration of marriage is required If a marriage is solemnised in the State in accordance with law, the m