NSWIn ForceAct
Births, Deaths and Marriages Registration Act 1995
31DApproval by supervising authority
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#### 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.
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> > (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—
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> > > (a) the change of name would, if registered, be reasonably likely—
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> > > > (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
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> > > > (ii) to jeopardise the restricted person’s or another person’s health or safety, or
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> > > > (iii) to be used to further an unlawful activity or purpose, or
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> > > > (iv) to be used to evade or hinder the supervision of the restricted person, or
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> > > (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.
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> > (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.
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> > Note.
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> > The supervising authority for all forensic patients is the Mental Health Review Tribunal.
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> > (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.
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> > (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—
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> > > (a) as soon as practicable, give written notice of the approval to the person who intends to make the application, and
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> > > (b) give a copy of the written notice of approval to the Registrar or the registering authority (as the case requires).
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> **s 31D:** Ins 2012 No 14, Sch 1 \[2\]. Am 2012 No 42, Sch 1.4 \[3\]–\[6\].