Grosser v Registrar of Births Deaths and Marriages [2020] NSWCATAD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grosser v Registrar of Births Deaths and Marriages [2020] NSWCATAD 55 Hearing dates: 16 December 2019 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – registration of birth – whether Registrar should correct the applicant's name recorded in the Register Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Marriage Act 1961 (Cth) Cases Cited: Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Texts Cited: None cited Category: Principal judgment Parties: Dee-Ann Michele Grosser (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Solicitors: Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2019/00273004 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The applicant was born in 1970. In 1985 the applicant required evidence of her birth and she obtained an "Extract Certificate" of her birth from a court registry as was permitted at that time without provision for consultation between the court and the respondent. The certificate certified as follows: "I hereby certify that a recording in a register kept by me gives the following particulars of the birth of Dee-Ann Michele Ireland" It then gives the date and place of birth. 1. The applicant says that "Dee-Ann Michele" is the name she has always used. For example, it is the name on her driver's licence. In April 2019 she applied for a copy of her birth certificate but the certificate issued recorded her names as "Dee-Anne" and the name "Michele" was absent. 2. In May 2019 she applied for the entry of her name in the Register to be corrected. The request was declined on 14 June 2019. On internal review, that decision was affirmed but she was informed that she could apply for registration of a change of her name. The respondent stated this would be done at no cost. The applicant seeks a review of this decision.