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.