ERS v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERS v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 186 Hearing dates: 27 May 2021 Date of orders: 06 July 2021 Decision date: 06 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is set aside. Catchwords: CHANGE OF NAME — fourth application — ongoing cyber fraud — whether reason for proposed change of name warrants registration of change of name — effect of failure to inform Registrar of criminal convictions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Births, Deaths and Marriages Registration Regulation 2017 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: DZM v Registrar of Births Deaths and Marriages [2019] NSWCATAD 188 Ezekeil v Registrar of Births, Deaths and Marriages [2011] NSWADT 137 McDonald v Director-General of Social Security (1984) 1 FCR 354; [1984] FCA 59 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Terzic v Registrar of Births, Deaths and Marriages [2013] NSWADT 82 Turkman v Registrar, NSW Registry of Births Deaths & Marriages [2011] NSWADT 258 Texts Cited: None cited Category: Principal judgment Parties: ERS (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Solicitors: Applicant (self-represented) NSW Department of Customer Service (Respondent) File Number(s): 2021/00036679 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW): 1. I prohibit the disclosure of the name of the Applicant, ERS, to any person other than the Respondent and the legal advisers to the Respondent. 2. I prohibit the publication or broadcast of any part of a report of proceedings in the Tribunal, where such part discloses any name by which the Applicant was at any time known or applied to be known. 3. I prohibit the publication of evidence given before the Tribunal of matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal to the extent that such evidence discloses any name by which the Applicant was at any time known or applied to be known or could reasonably be identified. 4. It is not a breach of these Orders if the Respondent provides a copy of this decision, including the past, present and new names of the Applicant, to the NSW Commissioner of Police.