Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


BIRTHS, DEATHS AND MARRIAGES REGISTRATION AMENDMENT (CHANGE OF NAME) BILL 2018

                    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




                                                                    page 17

 


[Index] [Search] [Download] [Related Items] [Help]