The Law Handbook 2024

Chapter 4.5: Changing your name 309 legal entitlement to remain in Australia indefinitely (e.g. a citizenship certificate, Australian passport or Australian permanent resident visa) and proof that you have lived in Victoria for at least 12 months (e.g. copies of utility accounts or bank statements). You must also provide proof of the place of your birth (e.g. a birth certificate or passport). The registrar of Births, Deaths and Marriages (‘ BDM registrar ’) can waive the 12-month residency requirement if a new name is sought to protect the person or a child, or because the person is getting married. Sex offenders can change their name, but the BDM registrar must notify the Chief Commissioner of Police of the name change. In Victoria, prisoners and those on parole must get written approval from the relevant authority before applying to register a new name. When dealing with an application to register a new name, the BDM registrar must comply with the human rights protections enshrined in the Charter of Human Rights and Responsibilities Act 2006 (Vic). You can correct your registered name by filling in an ‘application to correct the register’ form (available at www.bdm.vic.gov.au) . Birth certificates and change of name certificates If you were born in Victoria and your application to register a new name is accepted, you will be given an updated copy of your birth certificate (showing your new and previous names) and a change of name certificate. If you were born outside Australia and your application is accepted, you will only receive a change of name certificate. Can my new name be rejected? Before registering a changeof name, theBDMregistrar may ask to see satisfactory proof of the identity and age of the person whose name is sought to be changed; if this is not provided, the BDM registrar can reject the person’s application to change their name. The BDM registrar may also need to be satisfied that the change of name is not being sought for a fraudulent or improper purpose. The BDM registrar may refuse to register a new name if, upon registration, it would become a prohibited name. A prohibited name is: • an obscene or offensive name; or • a name that would not be practicable or cannot be established by reputation or usage because it is too long, consists of symbols or includes symbols with no phonetic significance, or for some other reason; or • a name the registration of which is against the public interest. BDM Vic has examples of each of the above categories of prohibited names on its website (www.bdm.vic.gov.au) . Appealing a decision If your application to register a new name is rejected, you may appeal the decision in the Victorian Civil and Administrative Tribunal ( VCAT ) (see ‘Contacts’ at the end of this chapter). An appeal must be lodged within 28 days of: • the date of the decision; or • the date the applicant is provided with a statement of reasons for the decision; or • the date the applicant is notified that a statement of reasons will not be given. Changing a name by deed poll While you may use a deed poll as evidence of having assumed a new name, you cannot use a deed poll to administratively register a new name. Since 1 November 1986, a change of name can only be registered by applying to the BDM registrar on the prescribed form, as described above. However, a deed poll registered before 1 November 1986 is considered legal, and a certified copy can be obtained from BDM Vic. Let people know You should notify all the authorities that you deal with that you have changed your name, such as your employer, telephone provider, electricity and gas company, local council, VicRoads, the Commonwealth Electoral Commission, the Australian Passport Office, the Australian Taxation Office and the Commissioner of Land Tax (if you own a house). Your will is still valid even if you have changed your name. However, it is recommended that you update your will when you change your name. As a minimum, let your executor know where to find your change of name certificate.