Mellini v Registrar, Registry of Births, Deaths & Marriages [2012] NSWADT 215

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mellini v Registrar, Registry of Births, Deaths & Marriages [2012] NSWADT 215 Hearing dates: On the papers Decision date: 22 October 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision under review is set aside. 2. The decision is made that the application to register a change of name from Tony Mellini to Tamer Ozer is granted. 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: AHH v NSW Registry of Births, Deaths and Marriages [2011] NSWADT 267 Ezekeil v Registrar of Births, Deaths and Marriages [2011] NSWADT 137 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; 153 ALR 490 Category: Principal judgment Parties: Tony Mellini (Applicant) Registrar, Registry of Births, Deaths & Marriages (Respondent) Representation: Ellis Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 123065

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant has applied to review a decision of the Registrar of the Registry of Births, Deaths and Marriages ("the Respondent") to refuse his application to register a change of name on his birth certificate from Tony Mellini to Tamer Ozer. That decision was affirmed on internal review. 2Essentially, the request was refused on the basis that this was the Applicant's request for a fourth change of the name on his birth certificate, and, in those circumstances, the agency was not satisfied that the proposed change warranted registration. 3The Applicant's name at birth was Tamer Ozer. Three changes of name have been registered since that date: a.On 29 October 1998, a change of name to Alexey Victor Sheptitksy was registered. b.On 20 July 2000, a change of name to Tamer Omer was registered? c.On 2 August 2001, a change of name to Tony Mellini was registered. 4The Applicant had previously lodged a similar application to register a change of name from Tony Mellini to his birth name, Tamer Ozer. That application was refused on 6 October 2004. The current application is a second attempt to register that change of name. 5The Applicant filed an application to review the Respondent's decision with the Tribunal. Section 56 of the Births, Deaths and Marriages Registration Act 1995 ("the Act") provides a right to seek such a review from the Tribunal. When read with section 38 of the Administrative Decisions Tribunal Act 1997 ("the ADT Act") it confers jurisdiction on the Tribunal to hear and determine the application. 6The matter came before the President for directions on 17 April 2012. He made directions for the filing of relevant material by the parties, and determined that the review would then be conducted on the papers. 7Each of the parties has filed material in support of their case. The Applicant relies on his own evidence and submissions. The Respondent relies on a bundle of material filed pursuant to section 58 of the ADT Act, a statement by George Kyriakopoulos, a compliance office with the Respondent and the Respondent's written submissions prepared by Ms Rowley. 8I am satisfied that the issues for determination can be adequately determined on the papers, in the absence of the parties.