Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Births, Deaths and Marriages Registration
Amendment (Change of Name) Bill 2018
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 5 Division 1 inserted 2
Division 1 -- Terms used
28A. Terms used 2
5. Part 5 Division 2 heading inserted 4
Division 2 -- General requirements relating to
change of name
6. Section 29A inserted 4
29A. Registrar may register change of name
despite restrictions 4
7. Section 30 replaced 5
30. Application to register change of adult's
name 5
30A. Restrictions on changes of adult's name 5
8. Section 31 replaced 6
31. Application to register change of child's
name 6
9. Section 32A inserted 7
32A. Restriction on changes of child's name 7
10. Section 34 amended 8
11. Section 35 amended 9
12. Sections 35A and 35B inserted 10
35A. Registrar must inform certain registering
authorities 10
35B. Registrar may inform prescribed public
authorities 10
13. Part 5 Division 3 inserted 11
Division 3 -- Change of name restrictions for
restricted persons
36A. Terms used 11
87--1 page i
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
Contents
36B. Registrar not to register name change
without approval 12
36C. Restricted person not to apply to change
name 12
36D. Person not to apply to change restricted
person's name 13
36E. Approval by supervisory authority 13
36F. Notice of decision by Registrar 14
36G. Supervisory authority to give documents
and information 15
36H. Delegation by chief executive officers 15
14. Section 54 amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Births, Deaths and Marriages Registration
Amendment (Change of Name) Bill 2018
A Bill for
An Act to amend the Births, Deaths and Marriages Registration
Act 1998.
The Parliament of Western Australia enacts as follows:
page 1
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 1
1 1. Short title
2 This is the Births, Deaths and Marriages Registration
3 Amendment (Change of Name) Act 2018.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Births, Deaths and Marriages Registration
12 Act 1998.
13 4. Part 5 Division 1 inserted
14 At the beginning of Part 5 insert:
15
16 Division 1 -- Terms used
17 28A. Terms used
18 In this Part --
19 Australian citizen has the meaning given in the
20 Australian Citizenship Act 2007 (Commonwealth)
21 section 3;
22 dangerous sexual offender means a person subject to a
23 supervision order as defined in the Dangerous Sexual
24 Offenders Act 2006 section 3(1);
25 detainee has the meaning given in the Young Offenders
26 Act 1994 section 3;
27 early release order has the meaning given in the
28 Sentence Administration Act 2003 section 4(2);
page 2
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 4
1 permanent resident has the meaning given in the
2 Australian Citizenship Act 2007 (Commonwealth)
3 section 3;
4 prisoner has the meaning given in the Prisons Act 1981
5 section 3(1);
6 reportable offender has the meaning given in the
7 Community Protection (Offender Reporting) Act 2004
8 section 3;
9 required declarant means a person who is any of the
10 following --
11 (a) a dangerous sexual offender;
12 (b) a detainee;
13 (c) a person subject to an early release order;
14 (d) a prisoner;
15 (e) a reportable offender;
16 (f) a supervised offender;
17 (g) a supervised young offender;
18 supervised offender --
19 (a) means a person who is subject to an order under
20 which the person is supervised or monitored
21 under the Sentencing Act 1995, the Sentence
22 Administration Act 2003 or the Young
23 Offenders Act 1994; but
24 (b) does not include a supervised young offender or
25 a person subject to an early release order;
26 supervised young offender means a person who is the
27 subject of a supervised release order as defined in the
28 Young Offenders Act 1994 section 3.
29
page 3
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 5
1 5. Part 5 Division 2 heading inserted
2 Before section 29 insert:
3
4 Division 2 -- General requirements relating to change
5 of name
6
7 6. Section 29A inserted
8 After section 29 insert:
9
10 29A. Registrar may register change of name despite
11 restrictions
12 (1) Despite any restriction imposed by this Division, the
13 Registrar may, on application, register a change of a
14 person's name if the Registrar is satisfied that --
15 (a) the change is for the personal protection of the
16 person; or
17 (b) the change is because of the marriage or
18 divorce of the person; or
19 (c) the change is justified by exceptional
20 circumstances.
21 (2) The Registrar may require the applicant to provide
22 evidence to enable the Registrar to be satisfied under
23 subsection (1).
24
page 4
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 7
1 7. Section 30 replaced
2 Delete section 30 and insert:
3
4 30. Application to register change of adult's name
5 (1) An adult may apply to the Registrar for registration of
6 a change of the adult's name if --
7 (a) the adult's birth is registered in the State; or
8 (b) the adult was born outside Australia and --
9 (i) the adult is an Australian citizen or
10 permanent resident; and
11 (ii) the adult's birth is not registered in
12 another State; and
13 (iii) the adult has lived in the State for at
14 least 12 consecutive months
15 immediately before the day the
16 application is made.
17 (2) The application must be made in the approved form.
18 (3) The application must contain a declaration by the
19 applicant setting out whether the applicant is, at the
20 time the application is made, a required declarant.
21 30A. Restrictions on changes of adult's name
22 (1) The Registrar must not register a change of an adult's
23 name on an application under section 30 if the
24 Registrar is aware that --
25 (a) a change of the adult's name has been
26 registered (whether in this State or in another
27 State) within the period of 12 months
28 immediately before the day the application is
29 made; or
page 5
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 8
1 (b) 3 or more changes of the adult's name have
2 been registered (whether in this State or in
3 another State).
4 (2) When counting the number of changes of name for the
5 purposes of subsection (1)(b), a change of name made
6 before the applicant becomes an adult must not be
7 counted.
8
9 8. Section 31 replaced
10 Delete section 31 and insert:
11
12 31. Application to register change of child's name
13 (1) The parents or guardian of a child may apply to the
14 Registrar for registration of a change of the child's
15 name if the child's birth is registered in the State.
16 (2) The parents or guardian of a child may also apply to
17 the Registrar for registration of a change of the child's
18 name if --
19 (a) the child was born outside Australia; and
20 (b) the child is an Australian citizen or permanent
21 resident; and
22 (c) the child's birth is not registered in another
23 State; and
24 (d) either --
25 (i) the application is made within
26 12 months after the date of the child's
27 birth and at least 1 of the child's parents
28 or guardians has lived in the State for at
29 least 12 consecutive months
30 immediately before the day the
31 application is made; or
page 6
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 9
1 (ii) the application is not made within
2 12 months after the date of the child's
3 birth and the child has lived in the State
4 for at least 12 consecutive months
5 immediately before the day the
6 application is made.
7 (3) An application under subsection (1) or (2) may be
8 made by a child's guardian only if the parents of the
9 child are dead, cannot be found or for some other
10 reason cannot exercise their parental responsibilities
11 for the child.
12 (4) An application under subsection (1) or (2) may be
13 made by 1 parent only if --
14 (a) the applicant is the sole parent named in the
15 registration of the child's birth under this Act or
16 any other law; or
17 (b) the child's other parent has died.
18 (5) An application under subsection (1) or (2) must --
19 (a) be made in the approved form; and
20 (b) contain a declaration by the applicant setting
21 out whether the child is, at the time the
22 application is made, a required declarant.
23
24 9. Section 32A inserted
25 After section 32 insert:
26
27 32A. Restriction on changes of child's name
28 (1) The Registrar must not register a change of a child's
29 name on an application under section 31 if a change of
30 the child's name has been registered (whether in this
31 State or in another State) within the period of
page 7
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 10
1 12 months immediately before the day the application
2 is made.
3 (2) Subsection (1) does not apply if the change of the
4 child's name has been registered on an application
5 under section 23 or 33.
6
7 10. Section 34 amended
8 (1) Delete section 34(1) and insert:
9
10 (1) Before registering a change of name under this
11 Division, the Registrar may require the applicant to
12 provide evidence to establish to the Registrar's
13 satisfaction any of the following --
14 (a) the identity and age of the person whose name
15 is to be changed;
16 (b) that all requirements of this Division have been
17 met;
18 (c) that the person whose name is to be changed is
19 not the subject of a pending charge, within or
20 outside the State, of an offence involving fraud
21 or dishonesty and has not been convicted of
22 such an offence;
23 (d) that the change of name is not sought for the
24 purpose of avoiding the payment of a debt;
25 (e) that the change of name is not sought for the
26 purpose of preventing the location or
27 identification of the person whose name is to be
28 changed by --
29 (i) a government department, agency or
30 organisation of this State, another State
31 or the Commonwealth; or
32 (ii) a body or organisation, if the person is
33 required by a written law or a law of
page 8
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 11
1 another State or the Commonwealth to
2 prove their identity to that body or
3 organisation; or
4 (iii) a body or organisation that is required
5 by a written law or a law of another
6 State or the Commonwealth to record
7 the person's identity;
8 (f) that the change of name is not sought for a
9 fraudulent or other improper purpose;
10 (g) if the person whose name is to be changed is a
11 child who is 12 years of age or more, that --
12 (i) the child consents to the change of
13 name; or
14 (ii) the child is unable to understand the
15 meaning and implications of the change
16 of name.
17
18 (2) In section 34(3) delete "if, as a result of the change, the name
19 would become a prohibited name." and insert:
20
21 if --
22 (a) as a result of the change, the name would
23 become a prohibited name; or
24 (b) the Registrar is not satisfied that any of the
25 matters set out in subsection (1)(a) to (g) have
26 been established.
27
28 11. Section 35 amended
29 Delete section 35(3).
page 9
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 12
1 12. Sections 35A and 35B inserted
2 After section 35 insert:
3
4 35A. Registrar must inform certain registering
5 authorities
6 (1) If the Registrar registers a change of a person's name
7 and the person's birth was registered by a registering
8 authority, the Registrar must inform the authority of the
9 change and give the authority sufficient information to
10 identify the person.
11 (2) The Registrar must not comply with subsection (1) if,
12 in the Registrar's opinion, informing the authority of
13 the change of the person's name would pose a risk to
14 the safety of the person.
15 35B. Registrar may inform prescribed public authorities
16 (1) In this section --
17 public authority means --
18 (a) a government department, agency or
19 organisation of this State, another State or the
20 Commonwealth; or
21 (b) a body, corporate or unincorporate, that is
22 established or continued for a public purpose by
23 this State, another State or the Commonwealth,
24 regardless of the way it is established; or
25 (c) a body, corporate or unincorporate, in another
26 country that has similar functions to the
27 functions of the Registrar under this Part.
28 (2) If the Registrar registers a change of a person's name,
29 the Registrar may inform a prescribed public authority
30 of the change and give the authority sufficient
31 information to identify the person.
32
page 10
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 13
1 13. Part 5 Division 3 inserted
2 At the end of Part 5 insert:
3
4 Division 3 -- Change of name restrictions for restricted
5 persons
6 36A. Terms used
7 In this Division --
8 restricted person means a person, other than a
9 reportable offender, who is any of the following --
10 (a) a dangerous sexual offender;
11 (b) a detainee;
12 (c) a person subject to an early release order;
13 (d) a prisoner;
14 (e) a supervised offender;
15 (f) a supervised young offender;
16 Note for this definition:
17 The Community Protection (Offender Reporting) Act 2004
18 Part 4A is relevant to changing the name of a person who is
19 a reportable offender.
20 supervisory authority means --
21 (a) for a dangerous sexual offender, the chief
22 executive officer of the department principally
23 assisting in the administration of the Dangerous
24 Sexual Offenders Act 2006 Part 2 Division 1; or
25 (b) for a detainee, the chief executive officer as
26 defined in the Young Offenders Act 1994
27 section 3; or
28 (c) for a person subject to an early release order,
29 the Prisoners Review Board established under
30 the Sentence Administration Act 2003
31 section 102(1); or
page 11
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 13
1 (d) for a prisoner, the chief executive officer as
2 defined in the Prisons Act 1981 section 3(1); or
3 (e) for a supervised offender, the chief executive
4 officer of the department principally assisting
5 in the administration of the provision of the Act
6 under which the supervised offender is
7 supervised or monitored; or
8 (f) for a supervised young offender, the Supervised
9 Release Review Board established under the
10 Young Offenders Act 1994 section 151(1).
11 36B. Registrar not to register name change without
12 approval
13 (1) The Registrar must not register a change of a restricted
14 person's name on an application unless the Registrar
15 has been given a copy of the written approval for the
16 application by the supervisory authority for the person.
17 (2) Subsection (1) does not apply if the Registrar receives
18 an application under section 33.
19 36C. Restricted person not to apply to change name
20 A restricted person must not do any of the following,
21 unless the person has obtained the written approval of
22 the supervisory authority for the person --
23 (a) apply, under this Act, to the Registrar for
24 registration of a change of the person's name;
25 (b) apply to a registering authority for registration
26 of a change of the person's name.
27 Penalty: imprisonment for 2 years and a fine
28 of $12 000.
page 12
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 13
1 36D. Person not to apply to change restricted person's
2 name
3 A person (the applicant) must not, in respect of a
4 restricted person, do any of the following, unless the
5 applicant has obtained the written approval of the
6 supervisory authority for the restricted person --
7 (a) apply, under this Act, to the Registrar for
8 registration of a change of the restricted
9 person's name;
10 (b) apply to a registering authority for registration
11 of a change of the restricted person's name.
12 Penalty: imprisonment for 2 years and a fine
13 of $12 000.
14 36E. Approval by supervisory authority
15 (1) In this section --
16 change of name application means an application
17 proposed to be made by or in respect of a restricted
18 person for the registration of a change of the person's
19 name.
20 (2) A person may apply to a supervisory authority for
21 approval to make a change of name application.
22 (3) The application for approval must be made in a manner
23 approved by the supervisory authority.
24 (4) A supervisory authority may only approve the making
25 of a change of name application if the authority is
26 satisfied that the change of name is in all the
27 circumstances necessary or reasonable.
page 13
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 13
1 (5) A supervisory authority must not approve the making
2 of a change of name application if the authority is
3 satisfied that the change of name is reasonably
4 likely --
5 (a) if the restricted person is detained, to have an
6 adverse effect on the security, discipline or
7 good order of the place in which the restricted
8 person is detained; or
9 (b) to be regarded as offensive by a victim of crime
10 or a significant sector of the community; or
11 (c) to frustrate the administration of any of the
12 following Acts --
13 (i) the Dangerous Sexual Offenders
14 Act 2006;
15 (ii) the Prisons Act 1981;
16 (iii) the Sentence Administration Act 2003;
17 (iv) the Sentencing Act 1995;
18 (v) the Young Offenders Act 1994.
19 36F. Notice of decision by Registrar
20 (1) The Registrar must notify the supervisory authority for
21 a restricted person --
22 (a) if the Registrar registers a change of the
23 person's name; or
24 (b) if the Registrar refuses to register a change of
25 the person's name.
26 (2) When notifying a supervisory authority under
27 subsection (1) the Registrar must give the authority
28 sufficient information to identify the restricted person.
page 14
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 13
1 36G. Supervisory authority to give documents and
2 information
3 (1) If a supervisory authority decides to approve the
4 making of a change of name application under
5 section 36E, the authority must, as soon as is
6 practicable --
7 (a) give written approval to the person who wishes
8 to make the application; and
9 (b) give a copy of the written approval to the
10 Registrar or if the application is to be made to a
11 registering authority, to the registering
12 authority.
13 (2) For the purposes of the Registrar verifying the details
14 of an application to register a change of name each
15 supervisory authority must, if the Registrar requests,
16 give the Registrar the following --
17 (a) the name of each restricted person for whom
18 they are the supervisory authority;
19 (b) any other name by which the person is, or has
20 previously been, known (of which the
21 supervisory authority is aware);
22 (c) the date of birth of the person;
23 (d) any other information that may be used to
24 identify the person.
25 36H. Delegation by chief executive officers
26 (1) A chief executive officer referred to in the definition of
27 supervisory authority in section 36A, may delegate to
28 any person any power or duty of the chief executive
29 officer under another provision of this Division.
30 (2) The delegation must be in writing signed by the chief
31 executive officer.
page 15
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 14
1 (3) A person to whom a power or duty is delegated under
2 this section cannot delegate the power or duty.
3 (4) A person exercising or performing a power or duty that
4 has been delegated to the person under this section, is
5 taken to do so in accordance with the terms of the
6 delegation unless the contrary is shown.
7 (5) Unless the contrary is shown, it is to be presumed that
8 a document purporting to have been signed by a person
9 as a delegate of the chief executive officer was signed
10 by a person in the performance of a function that at the
11 time was delegated to the person by the chief executive
12 officer.
13 (6) Nothing in this section limits the ability of the chief
14 executive officer to perform a function through an
15 officer or agent.
16
17 14. Section 54 amended
18 (1) In section 54(1):
19 (a) in paragraph (b) delete "Register." and insert:
20
21 Register; or
22
23 (b) after paragraph (b) insert:
24
25 (c) verify that information held by a person is the
26 same as the information contained in the
27 Register.
28
29 (2) In section 54(2) delete "In" and insert:
30
31 For the purposes of section 54(1)(a) or (b), in
32
page 16
Births, Deaths and Marriages Registration Amendment (Change of Name)
Bill 2018
s. 14
1 (3) In section 54(3) delete "on which access to the Register, or
2 information extracted from the Register, is to be given under
3 this section," and insert:
4
5 under subsection (1)
6
7 Note: The heading to amended section 54 is to read:
8 Access to and verification of Register
9
[Index] [Search] [Download] [Related Items] [Help]