Avery v Registrar, Births Deaths and Marriages [2013] NSWADT 298

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Avery v Registrar, Births Deaths and Marriages [2013] NSWADT 298 Hearing dates: 17 July 2013 Decision date: 24 December 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: (1) Affirm the Registrar's decision not to cancel the 2007 entry in the Register with respect to Ms Avery's change of name; and (2) Affirm the decision to refuse to issue a certificate relating to Ms Avery's 1997 change of name in the form she requests. Catchwords: Births, Death and Marriage Registration - change of name - cancellation of - change of name certificate - contents of Legislation Cited: Administrative Decision Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Regulation 2011 Cases Cited: Avery v Registry of Births, Deaths and Marriages [2008] NSWADTAP 68. Avery v Registrar of Births, Deaths and Marriages; Avery v State of New South Wales (Attorney General's Department) [2010] NSWCA 72 Avery v Registrar, Births Deaths and Marriages [2010] HCASL 212. Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. Category: Principal judgment Parties: Stephanie Tatiana Patricia Avery (Applicant) Registrar, Births Deaths and Marriages (Respondent) Representation: S Avery (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 133081

REasons for decision

Background 1This application involves a complex history dealing with matters associated with the applicant's identity. She identifies herself as Stephanie Tatiana Patricia Avery. 2In order to avoid putting on the record numerous facts dealing with Ms Avery's identity I will adopt the device used in previous proceedings relating to Ms Avery of referring to her former names using synonyms. As a consequence, for the purpose of these reasons, I will refer to her name at birth as being Tatiana Isabella Yurovich and her name, when she married, as Tatiana Isabella Orlov. 3This is not the first time the Tribunal has heard proceeding involving the same parties with respect to Ms Avery's names. There is a long history of events relating to issues she has had with the Registrar of Births, Deaths and Marriages (the Registrar), which I will briefly outline. 4In 1997, the applicant applied to register a change of name from her married name to Stephanie Tatiana Patricia Avery. The Registrar registered that change of name. Ms Avery subsequently obtained her Australian Citizenship in that name. 5In 2007, Ms Avery applied to register a change of name from Stephanie Tatiana Patricia Avery to her birth name, Tatiana Isabella Yurovich. The Registrar approved this change of name and issued a change of name certificate recording the registration of that change of name. In that certificate the Registrar identified that Ms Avery had had four former names: the first was her name at birth; the second was Stephanie Tatiana Avery; the third was her married name; and the fourth - which was included in the endorsement field rather than the former names field -Stephanie Tatiana Patricia Avery. 6Since then Ms Avery's name has been recorded on the register as Tatiana Isabella Yurovich. 7Ms Avery was extremely upset at the form of the certificate and has consistently argued that it prevents her from being able to satisfactorily prove her chain of identity by (a) including a name she says she has never had, i.e. Stephanie Tatiana Avery; and (b) not recording which of her former names was the most recent. 8Ms Avery unsuccessfully applied to this Tribunal to review the decision of the Registrar to register her change of name in accordance with her 2007 application. She unsuccessfully appealed that decision to an Appeal Panel of this Tribunal in Avery v Registry of Births, Deaths and Marriages [2008] NSWADTAP 68. From there she appealed to the NSW Court of Appeal, but was again unsuccessful: see Avery v Registrar of Births, Deaths and Marriages; Avery v State of New South Wales (Attorney General's Department) [2010] NSWCA 72. Ms Avery did not succeed in obtaining special leave to appeal the Court of Appeal's decision to the High Court: see Avery v Registrar, Births Deaths and Marriages [2010] HCASL 212. 9It is clear that despite her many unsuccessful appeals Ms Avery does not accept the decisions that have been made. In her affidavit in support of her present application she said - 6. I do not accept the allocated identity details proposed to the change of name entry [in 2007] and will not accept arbitrated for me identity history record made in the BDM in the change of name entry ... 7. I do not accept and will not accept the change of name certificate with the current presentation from NSW BDM Registry which does not identify me and does not provide evidence of a registrable event on that date. 10There has been a large and continuing volume of correspondent between Ms Avery, the Registrar and others in the course of which, in January 2013, Ms Avery requested that the Registrar cancel the 2007 registration of her change of name to her birth name, Tatiana Isabella Yurovich. Ms Avery says that since 2007 she has never used the name Tatiana Isabella Yurovich and that she has withdrawn her statutory declaration dated 24 December 2012. In that declaration she declared that she was changing her name to Tatiana Isabella Yurovich, and that the name Stephanie Tatiana Patricia Avery would not be used. 11Ms Avery has also applied for the issue of an official document registering her 1997 change of name from her married name, Tatiana Isabella Orlov to Stephanie Tatiana Patricia Avery. 12The Registrar agrees that those requests are deemed to have been refused. As a consequence Ms Avery sought review in this Tribunal. 13The matter came before me for hearing on 17 July 2013. The Registrar's position at hearing was to refuse to cancel the 2007 change of name entry in the Register, arguing that there is no power to do so. The Registrar was prepared to issue a certificate which certifies that Tatiana Isabella Orlov and Stephanie Tatiana Patricia Avery are registered as former names of Ms Avery. Indeed such a certificate was the subject of the proceedings considered by the Court of Appeal The Registrar argues that the Register contains no other details relating to the 1997 change of name and that any certificate issued certifying the contents of the Register, ipso facto, can contain no more the Register does.