Corrections Act 1997

In this section – change of name application means an application to a Registrar for the registration of a change of a prisoner's or detainee's name; make an application, includes causing or allowing the application to be made on one's behalf;Register means the Tasmanian Register or the equivalent Register of another State or a Territory;Registrar means – the Tasmanian Registrar; or an authority responsible, under a law of another State or a Territory, for the registration of births, deaths and marriages;Tasmanian Register means the Register of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1999;Tasmanian Registrar means the Registrar of Births, Deaths and Marriages appointed or employed under section 4 of the Births, Deaths and Marriages Registration Act 1999.

A prisoner or detainee must not make a change of name application without the consent of the Director, given specifically for that application.

In determining whether to give consent for a prisoner or detainee to make a change of name application, the Director may have regard to such matters as he or she thinks fit in the circumstances, including – whether the proposed change of name could reasonably be expected to excite adverse community reaction, particularly from victims of crime; and whether there is any risk that the proposed change of name could be used for unlawful or improper ends (including disguise or evasion); and whether the proposed change of name could disrupt prison routine or compromise its management, good order or security; and whether the prisoner or detainee has previously changed his or her name or has any history of using aliases; and whether, so far as the Director is aware, every complaint or information alleging an offence by the prisoner or detainee against the law of any State or Territory or the Commonwealth has been finally dealt with.

The Director is to notify the relevant prisoner or detainee of a consent or refusal of consent under subsection (2), and, in the latter case, the reasons for the refusal, as soon as practicable after that determination is made.

The Director is to notify the relevant Registrar and the secretary of the Board of a consent under subsection (2), together with relevant particulars, as soon as practicable after that determination is made.

The Tasmanian Registrar is not to register a change of name if he or she is aware that the applicant for the change is a prisoner or detainee and the Tasmanian Registrar has not received the requisite notification under subsection (5).

If a prisoner or detainee succeeds by any means in having a change of name registered in any State or Territory without being given the requisite consent under subsection (2), the Director may apply to the relevant Registrar to correct the relevant Register by cancelling the relevant entry.

On receipt of an application under subsection (7), the Tasmanian Registrar, unless prevented from so doing by an order of a court, is to correct the Tasmanian Register accordingly.

In the event of any inconsistency between the provisions of this section and those of the Births, Deaths and Marriages Registration Act 1999, the provisions of this section prevail.