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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 31F
Additional requirements for registration of change of name of former serious offender
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.
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