Haynes v Registrar of Births, Deaths and Marriages [2011] NSWADT 231

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Haynes v Registrar of Births, Deaths and Marriages [2011] NSWADT 231 Hearing dates: 20 September 2011 Decision date: 04 October 2011 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Decision under review affirmed. Catchwords: Change of name - prohibited name - discretion to refuse to register change of name Legislation Cited: Births, Deaths and Marriages Registration Act 1995 Cases Cited: Juchau v Registry of Births, Deaths and Marriages [2009] NSWADT 260 Category: Principal judgment Parties: Richard Haynes (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: R Haynes (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 113168

reasons for decision 1GENERAL DIVISION (S FROST (JUDICIAL MEMBER)): The Applicant applied under s 27 of the Births, Deaths and Marriages Registration Act 1955 (the Act) to change his name from Richard Haynes to "Lord Ritchard John Haynes". 2A delegate of the Registrar declined to register the change of name. The reason given was that the proposed name included or resembled an "official title or rank" and was therefore a "prohibited name" within the meaning of that expression in s 4(1) of the Act. 3The Applicant has applied to the Tribunal for review of that decision.

The Legislation 4Section 27 of the Act provides that a person may apply to the Registrar for registration of a change of the person's name. 5The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name: section 30(3). 6Section 4(1) relevantly defines the expression "prohibited name" to mean a name that: ... (c) includes or resembles an official title or rank; or (d) is contrary to the public interest for some other reason.