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Approval to apply to the Registrar of Births, Deaths and Marriages for registration of change of name

Under the Brith Deaths and Marriages Act 1995 (the BDM Act) restricted persons, including inmates and certain other offenders, may not make an application to the NSW Registrar of Births, Deaths and Marriages (the BDM Registrar) or an interstate Registrar to register a change of name, unless the Commissioner of Corrective Services (the Commissioner) has approved the request to apply.

According to Section 31B (1) of the BDM Act,  a restricted person means any of the following persons:

  • an inmate;
  • person on remand;
  • a parolee;
  • a periodic detainee;
  • a person who is subject to an interim supervision order or extended supervision order under the Crimes (Serious Sex Offenders) Act 2006, or a community supervision order within the meaning of Part 4A of the Crimes (Administration of Sentences) Act 1999 (the CAS Act), or an intensive correction order or home detention order within the meaning of the CAS Act;
  • a forensic patient; and
  • a correctional patient.

A restricted person, or a person acting on behalf of a restricted person, must not apply to the BDM Registrar to register a change of name without having first obtained the written approval of the Commissioner. Failure to comply with this requirement is an offence under section 31C of the BDM Act.

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Forensic Patients

As the supervising authority for forensic patients the Mental Health Review Tribunal (MHRT), forensic patients are not required to complete this application form.

However, the MHRT must not approve the making of an application to the BDM Registrar for registration of a change of name of a restricted person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e) (see definition above) unless the MHRT has consulted with the Commissioner and the Commissioner has agreed.

Last updated:

27 Jan 2021

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