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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Births, Deaths and Marriages Registration (Change of
Name) Amendment Bill 2015
A BILL FOR
An Act to amend the
Births,
Deaths and Marriages Registration Act 1996
; and to make a related amendment to the
Child
Sex Offenders Registration Act 2006
.
Contents
Part 2—Amendment of Births, Deaths and
Marriages Registration Act 1996
Division 1—General requirements for
change of name
24Application to
register change of adult's name
6Amendment of section 25—Application to
register change of child's name
Division 2—Requirements for change of
name of restricted persons
29DApplication for
change of name by or on behalf of restricted person
29EApproval by
supervising authority for change of name of restricted person
29FAdditional
requirements for registration of change of name of restricted
person
29GInformation
exchange between Registrar and supervising authority
Part 1—Amendment of Child Sex
Offenders Registration Act 2006
1Amendment of section 66K—Change of name
of registrable offender
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Births, Deaths and Marriages Registration
(Change of Name) Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Births, Deaths and Marriages Registration
Act 1996
Before section 23 insert:
Division 1—General requirements for change of
name
Section 24—delete the section and substitute:
24—Application to register change of adult's
name
(1) Subject to this
Part, 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
(i) the person was born outside Australia; and
(ii) the person's birth is not registered in another State or Territory;
and
(iii) the person has
been resident in the State for at least 12 consecutive months immediately
before the date of the application.
(2) The Registrar may waive the requirement under
subsection (1)(b)(iii)
if the Registrar is satisfied that the change of name—
(a) is sought for the purpose of the protection of the applicant or a
child of the applicant; or
(b) is related to a marriage or divorce of the applicant.
(3) An application under
subsection (1)
must contain a declaration by the person indicating whether he or she is,
at the time of the making of the application—
(a) a restricted person as defined in section 29B; or
(b) a registrable offender within the meaning of the
Child
Sex Offenders Registration Act 2006
.
6—Amendment
of section 25—Application to register change of child's
name
Section 25(1)—delete subsection (1) and substitute:
(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
(i) the child was born outside Australia; and
(ii) the child's birth is not registered in another State or Territory;
and
(iii) the child has
been resident in the State for at least 12 consecutive months immediately
before the date of the application.
(1a) The Registrar may waive the requirement under
subsection (1)(b)(iii)
if the Registrar is satisfied that the change of name—
(a) is sought for the purpose of the protection of the child or the
applicants; or
(b) the applicants have legally married and wish the child to change to
the married name of both applicants.
(1b) The requirement under
subsection (1)(b)(iii)
does not apply if the Court has approved the proposed change of a child's
name under subsection (2)(c).
After section 29A insert:
Division 2—Requirements for change of name of
restricted persons
29B—Interpretation
In this Division—
domestic partner means a person who is a domestic partner
within the meaning of the
Family
Relationships Act 1975
, whether declared as such under that Act or not;
immediate family of a person means any 1 or more of the
following:
(a) a spouse or domestic partner;
(b) a parent (including a person who stands in the position, and
undertakes the responsibilities, of a parent);
(c) a grandparent;
(d) a child (including an adult child);
(e) a grandchild (including an adult grandchild);
(f) a brother or sister;
restricted person means—
(a) a prisoner; or
(b) a prisoner released on parole or home detention under the
Correctional
Services Act 1982
; or
(c) a person subject to an extended supervision order under the
Criminal
Law (High Risk Offenders) Act 2015
; or
(d) a person released on licence under section 24 of the
Criminal
Law (Sentencing) Act 1988
; or
(e) a person or a class of persons declared by the regulations to be a
restricted person;
prisoner has the same meaning as in the
Correctional
Services Act 1982
;
spouse—a person is the spouse of another if they are
legally married;
supervising authority means—
(a) the person holding or acting in the position of Chief Executive of the
administrative unit of the Public Service that is, under a Minister, responsible
for the administration of the
Correctional
Services Act 1982
; or
(b) a person declared by the regulations to be a supervising authority in
respect of a restricted person or a class of restricted person.
29C—Application of Division
(1) The requirements and restrictions in this Division are in addition to
the requirements and restrictions contained in Division 1.
(2) This Division does not apply to a change of name of a restricted
person who is a registrable offender within the meaning of the
Child
Sex Offenders Registration Act 2006
.
Note—
The
Child
Sex Offenders Registration Act 2006
provides for the requirements in relation to changing, or applying to
change, the name of a registrable offender.
29D—Application for change of name by or on behalf
of restricted person
(1) A restricted
person must not—
(a) apply to the Registrar to register a change of his or her name under
this Act; or
(b) apply to a registering authority to register a change of his or her
name under a corresponding law,
without the written approval of the supervising authority.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must
not, on behalf of a restricted person—
(a) apply to the Registrar to register a change of his or her name under
this Act; or
(b) apply to a registering authority to register a change of his or her
name under a corresponding law,
without the written approval of the supervising authority.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) If a court convicts a person of an offence under
subsection
(1)
or
(2)
, the court may, on application by the prosecution, declare a change of
name registered in relation to the person to be void and the Registrar must, on
being notified of that declaration, correct the Register.
29E—Approval by supervising authority for change of
name of restricted person
(1) The supervising
authority may approve the making of an application to the Registrar or a
registering authority for registration for a change of name of a restricted
person.
(2) In determining whether to grant an approval under
subsection (1)
, the supervising authority must have regard to the following:
(a) the safety of the restricted person and other persons;
(b) the rehabilitation, care or treatment of the restricted
person;
(c) whether the proposed change of name—
(i) could be used to further an unlawful activity or purpose; or
(ii) could be used to evade or hinder the supervision of the restricted
person; or
(iii) could be considered offensive to a victim of crime or the immediate
family of a deceased victim of crime.
(3) 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 unless the supervising authority is
satisfied that the change is necessary or reasonable.
(4) The supervising authority must, on approving the making of an
application under
subsection (1)
—
(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).
(5) The supervising
authority may, by instrument in writing, delegate to a person (including a
person for the time being holding or acting in a particular position) a function
or power of the supervising authority under this section.
(6) A delegation under
subsection (5)
—
(a) may be unconditional or subject to conditions specified by the
delegator; and
(b) does not derogate from the power of the delegator to act personally in
any matter; and
(c) may be further delegated; and
(d) is revocable at will by the delegator.
29F—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 notify the supervising authority of a change of
name of a restricted person.
(3) The Registrar
may correct the Register if a change of name of a person has been registered in
contravention of this Division.
29G—Information exchange between Registrar and
supervising authority
(1) The Registrar and the supervising authority may enter into an
arrangement for the provision or exchange of information for the purposes of
this Division.
(2) Information may be provided or exchanged in accordance with an
arrangement under this section despite any other Act or law.
Part 1—Amendment of Child Sex Offenders
Registration Act 2006
1—Amendment
of section 66K—Change of name of registrable offender
Section 66K—after subsection (2) insert:
(2a) The Registrar under the
Births,
Deaths and Marriages Registration Act 1996
—
(a) must not register a change of name of a registrable offender unless he
or she has received a copy of the Commissioner's written permission;
and
(b) must notify the Commissioner of a change of name of a registrable
offender.