Part 5Amendment of Births, Deaths and Marriages Registration Act 1996

Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996 39—Amendment of section 25—Application to register change of child's name Section 25—after subsection (4) insert: (5) This section does not apply in relation to a child during any period that section 25A applies in relation to the child. 40—Insertion of section 25A After section 25 insert: 25A—Change of name of child under guardianship (1) This section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires): (a) a child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age; (b) a child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months. (2) The Chief Executive may, by notice in writing— (a) in the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or (b) in the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires), direct the Registrar to register a change of the name of a child in relation to whom this section applies. (3) Before giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so— (a) ascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and (b) — (i) take reasonable steps to notify the parents of the child of the proposed change of name; and (ii) have regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive. (4) The Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so. (5) Sections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section. (6) The Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1). (7) Nothing in this section prevents the name of a child being later changed in accordance with the law of the State. (8) A person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act). (9) The regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section. (10) In this section— Chief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017; repealed Act means the Children's Protection Act 1993. 41—Amendment of section 38A—Notification by court appointed guardians Section 38A(4), definition of court appointed guardian—delete "a Minister) to whom guardianship of another person is given by the Youth Court of South Australia under section 38(1)(d) of the Children's Protection Act 1993" and substitute: the Chief Executive) under the Children and Young People (Safety) Act 2017