AHH v NSW Registry of Births, Deaths and Marriages [2011] NSWADT 267

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AHH v NSW Registry of Births, Deaths and Marriages [2011] NSWADT 267 Hearing dates: On the papers Decision date: 16 November 2011 Jurisdiction: General Division Before: P Molony, Judicial Member Decision: The decision under review is affirmed. Catchwords: Births, Deaths and Marriages Registration - birth certificate - three changes of name already registered - whether further change warrants registration Legislation Cited: Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995 Cases Cited: Ezekeil v Registrar of Births, Deaths and Marriages Category: Principal judgment Parties: AHH (Applicant) NSW Registry of Births, Deaths and Marriages (Respondent) Representation: AHH (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 113196

REASONS FOR DECISION

Introduction 1AHH has applied to review a decision of the Registrar of the Registry of Births, Deaths and Marriages (the agency) to refuse his application to register a change of name on his birth certificate from AHH to Hormis Daniel. That decision was affirmed on internal review on 2 June 2011. 2Essentially, the request was refused on the basis that this was AHH' fourth request for a change of the name on his birth certificate, and, in those circumstances, the agency was not satisfied that the proposed change warranted registration. AHH' previous changes of name were registered - * In NSW on 8 July 1999 from Hormis Daniel to Thomas Daniels. * In NSW on 19 October 2000 from Thomas Daniels to Tony Adam. * In NSW on 22 November 2001 from Thomas Daniels to AHH. 3AHH filed an application to review the decision with the Tribunal on 22 July 2011. Section 56 of the Births, Deaths and Marriages Registration Act 1995 provides a right to seek such a review from the Tribunal. When read with s 38 of the Administrative Decisions Tribunal Act 1997 it confers jurisdiction on the Tribunal to hear and determine AHH' review 4The matter came before the President for directions on 23 August 2011. He made directions for the filing of relevant material by the parties, and determined that the review would then be conducted on the papers. 5The matter has been referred to me to determine on the papers. The material to be considered in making the determination consists of: * Mr AHH' application to for review of a reviewable decision filed 22 July 2011 with attachments, including the internal review decision of 2 June 2011. * The s 58 documents filed by the agency. * A letter dated 30 August 2011 from Mr AHH. * The agency's submissions filed 14 September 2011. 6I am satisfied that the issues for determination can be adequately determined on the papers, in the absence of the parties.