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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 31D Approval by supervising authority

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 31D

Approval by supervising authority

31D Approval by supervising authority

(1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person only if the supervising authority is satisfied that the change of name is in all the circumstances necessary or reasonable.
(2) 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 if the supervising authority is satisfied that--
(a) the change of name would, if registered, be reasonably likely--
(i) to adversely affect the security, discipline or good order of any premises or facility at which the restricted person is held or accommodated, or
(ii) to jeopardise the restricted person's or another person's health or safety, or
(iii) to be used to further an unlawful activity or purpose, or
(iv) to be used to evade or hinder the supervision of the restricted person, 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.
(3) The supervising authority for a restricted person who is a forensic patient and a person referred to in section 31B (1) (a), (b), (c), (d) or (e) must not approve the making of an application to the Registrar or a registering authority for registration of a change of the person's name unless the supervising authority has consulted with the Commissioner of Corrective Services and the Commissioner has given concurrence.
Note : The supervising authority for all forensic patients is the Mental Health Review Tribunal.
(4) Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services as to whether to give concurrence in the same way as those subsections apply to a determination of a supervising authority as to whether to give approval.
(5) If the supervising authority approves of the making of an application to the Registrar or a registering authority for registration of a change of name of a restricted person, the supervising authority must--
(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).