DLQ v Commissioner of Police, NSW Police Force [2018] NSWCATAD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLQ v Commissioner of Police, NSW Police Force [2018] NSWCATAD 173 Hearing dates: 5 July 2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Where registrable person applied for respondent's approval to change his name – Where such approval refused - Whether Tribunal has jurisdiction to review decision not to provide approval Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: DLQ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: No appearance for applicant Crown Solicitor's Office (Respondent) File Number(s): 2018/00145081

REASONS FOR DECISION 1. These proceedings concern the issue of whether the Tribunal has power to review the respondent's decision not to approve a registrable person's application to change his name. I have found that it does not.

Background 1. The applicant is a "registrable person" within the meaning of s 3A of the Child Protection (Offenders Registration) Act 2000 (NSW) ("Act"). A "registrable person" is, relevantly, a person whom a court has at any time sentenced in respect of a registrable offence (Act, s 3A(1)). 2. The applicant applied to the respondent ("the Commissioner") for written approval to change his name, for the purposes of s 19E(1) of the Act. Under s 19E(1), a registrable person must not, without reasonable excuse, apply to the NSW Registrar of Births, Deaths and Marriages to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1995 (NSW), without having first obtained the written approval of the Commissioner. 3. A delegate of the Commissioner decided not to provide approval, finding that a change of the applicant's name was "not reasonable in the circumstances presented" (see Act, s 19F(1)). 4. The applicant then applied to the Tribunal seeking administrative review of the decision of the Commissioner's delegate.