Births, Deaths and Marriages Registration Act 2023

This section applies if—

the person is a child of at least 12 years but less than 16 years; and

each parent of the child or person with parental responsibility for the child does not support the issue of a recognised details certificate for the child.

The Childrens Court may, on application by the child, make an order directing the registrar to accept an application for a recognised details certificate for the child.

The application must include the following statements by the child—

that the child is aware that, unless the Childrens Court decides otherwise under section 57(2), a copy of the application must be served on the respondents;

that the child is aware the child may make submissions to the Childrens Court under section 57(5).

The application must be accompanied by an assessment of the child.

The following persons are respondents to the application—

each parent of the child;

each person with parental responsibility for the child.

The Childrens Court must make the order if the court is satisfied it is in the child’s best interests to make the order.

In deciding whether making the order is in the child’s best interests, the matters to which the Childrens Court may have regard include the following—

the assessment mentioned in subsection (4);

the views of the child, however expressed;

whether the child is sufficiently mature to understand the meaning and legal implications of the issue of a recognised details certificate for the child.

If the child makes an application to the Childrens Court under this section the child may apply to the court at the same time for approval of a proposed change of first name for the child.

Subsection (8) does not apply if the child was born in another State.

The Childrens Court may make an order approving the proposed change of first name for the child if—

the name is not a prohibited name; and

the court is satisfied that the change is in the child’s best interests.