Ruqayyah Snyder
Changing your name in Australia is a relatively straightforward process, but the specific requirements differ between states and territories. The laws and regulations surrounding name changes depend on the authority handling the request, and individuals must provide relevant documentation, such as proof of residency and citizenship, along with a valid reason for the change. There are fees associated with name changes, and individuals must notify various organisations and institutions of their new name.
| Characteristics | Values |
|---|---|
| Legal requirement | No legal requirement to change your name. |
| Official recommendation | Recommended to change name officially for identification and evidence. |
| Application process | Apply to the Registry of Births, Deaths and Marriages in the state of residence or birth. |
| Application requirements | Three forms of identity documents, proof of citizenship or permanent residency (if born outside Australia), proof of birth state or residency, original birth certificate, and other relevant documents. |
| Fees | Vary by state, e.g., $195 in NSW in 2020. |
| Processing time | Approximately 38-49 days, may vary. |
| Name change frequency | One change allowed every 12 months, limited to three changes in a lifetime. |
| Name change reasons | No legal requirement to state a reason, but appropriate reasons may be considered, such as religion or family circumstances. |
| Name change restrictions | Restricted persons, as defined by the Births, Deaths and Marriages Registration Act 1998, must obtain approval from a supervisory authority before applying. |
| Name change notification | Notify family, friends, and all relevant organisations, such as banks, government institutions, and private companies. |
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What You'll Learn
Name change certificates: how to apply and what they're used for
Changing your name in Australia is not as difficult as it may seem. While there is no legal requirement to change your name officially, it is recommended that you do so for identification purposes and as evidence of your name change. The laws and regulations surrounding name changes differ between states, so it is important to check the specific requirements for your state or territory.
To apply for a name change certificate, you will need to submit a formal application form to the relevant authority, typically the Registry of Births, Deaths, and Marriages or the Consumer and Business Services (CBS). The application process can usually be completed online, but some states may require you to submit a physical application form. You will need to provide various documents, including proof of identity, residency, and citizenship or permanent resident status if you were born outside Australia. There may also be a fee associated with changing your name, which varies depending on the state.
For children under 18, the process is similar, but both parents must typically complete the application. If one parent is unable to obtain the consent of the other parent, a court order may be required. Additionally, there are specific requirements for changing a child's name within 12 months of their birth, which may include using a different application form and paying a fee.
Name change certificates are used as legal proof of your new name. They can be used to update your name on official records, such as your birth certificate, passport, and driver's licence. Organisations and institutions may also require a name change certificate as evidence when you notify them of your new name. It's important to note that name change certificates cannot be used to amend any details of a registered life event that occurred before the registration date of the name change.
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The cost of changing your name
When applying for a name change, you will need to provide relevant documents, such as proof of your birth state, residential address, and original birth certificate. Some states may require three forms of identity documents, including one that shows your name and address and one with your signature. If you were born outside of Australia, you will also need to provide evidence of your citizenship or permanent resident status.
After changing your name, you will need to notify family, friends, and relevant organisations and institutions. You may also need to update your name on identity documents and certificates, such as passports, driver's licenses, and professional licenses. These charges are typically $10 to $20 each and are set by the issuing company or institution.
It is important to note that each state and territory in Australia have different laws and regulations surrounding name changes. For example, in NSW, you can only change your name once in a 12-month period and three times in your lifetime. In South Australia, similar restrictions apply, with one name change allowed per year and a maximum of three name changes in a lifetime.
Additionally, certain classes of persons, known as "restricted persons," may require permission from a supervisory authority before changing their name. This includes individuals under the supervision of the NSW Police Commissioner or those who have been convicted of certain offences. Making an application without the necessary approval is considered an offence under the Births, Deaths and Marriages Registration Act.
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How to change a child's name
Changing a child's name in Australia is a straightforward process, although it may vary slightly depending on the state or territory where the child was born. Here is a step-by-step guide on how to change a child's name in Australia:
Step 1: Understand the Requirements
Before initiating the name change process, it is essential to understand the eligibility requirements. The child must be either born in Australia or an Australian citizen or permanent resident. Additionally, both parents of the child must provide consent for the name change, as they share parental responsibility under the Family Law Act 1975. In cases where one parent cannot obtain the consent of the other parent named on the child's birth certificate, a sealed court order from the Family Court is required, stating that the name change is in the child's best interests.
Step 2: Gather the Necessary Documents
When applying to change a child's name, you will need to provide three forms of identity documents for all applicants. These documents may include a birth certificate, proof of citizenship or permanent residency, and proof of residential address. If the child was born outside of Australia, additional documentation may be required, such as evidence of the child's citizenship or permanent resident status.
Step 3: Complete the Application Form
The application form for changing a child's name can be obtained from the Registry of Births, Deaths, and Marriages in the state or territory where the child was born. In Western Australia, the form is known as the BDM401 Register a Change of Name (Child under 18 years) application form. A fee is typically payable for processing the name change application.
Step 4: Submit the Application
Submit the completed application form, along with all the necessary documents, to the relevant authority. In most cases, this will be the Registry of Births, Deaths, and Marriages in the state or territory where the child was born. The processing time for name change applications can vary, but it typically takes around 38-49 days for the change to take effect.
Step 5: Notify Relevant Parties
Once the name change has been approved and processed, it is essential to notify family, friends, and any relevant organisations or institutions of the child's new name. This includes schools, healthcare providers, government agencies, and financial institutions.
It is important to note that each state and territory in Australia may have specific requirements and procedures for changing a child's name. Therefore, it is always recommended to check with the relevant authority in your state or territory for the most accurate and up-to-date information.
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Changing your name without legal documents
In Australia, there is no legal requirement to change your name officially. However, it is recommended that you do so for identification purposes and as evidence of your name change.
If you are considering changing your name without legal documents, there are a few things you should keep in mind. Firstly, it is important to understand that there may be restrictions on certain classes of persons changing their names without permission from a supervisory authority. These restrictions are outlined in the Births, Deaths and Marriages Registration Act and vary slightly between states. For example, in New South Wales, you can only change your name once in a 12-month period and a total of three times in your lifetime. Similar restrictions apply in Western Australia.
Another thing to consider is that changing your name unofficially may result in difficulties when trying to obtain recognition of your new name. For example, some organisations may not accept your new name without a formal change of name certificate. This could impact you when trying to update personal documentation, such as a driver's license or passport.
Additionally, if you are planning to change your name for fraudulent or criminal purposes, you should be aware that this is illegal and could result in criminal charges.
Overall, while it is possible to change your name in Australia without legal documents, it is generally recommended that you go through the official name change process to avoid any potential issues or complications. The process for changing your name varies depending on the state or territory you are in, so be sure to check the specific requirements for your location.
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Updating your name with organisations
Once you have legally changed your name, you must notify all relevant organisations as soon as possible. This is so that your new name can be recorded on your accounts and ID. Organisations that issue identification documents, such as passports, will require a legal name change certificate or an amended birth certificate.
You will need to contact the passport office, as well as banks and other financial institutions, to inform them of your name change. It is also a good idea to prioritise updating your photo ID, such as your driver's licence. You may also need to update your name with your employer, Medicare, ATO, Centrelink, and superannuation provider.
Our customers typically need to notify 20-25 companies of their new name. You can request a state or territory legal name change application form, which includes information on how to complete the form and lodgement details. You can also access ready-to-send forms, letters, and emails for over 800 Australian companies. Where companies do not allow name changes in writing, full instructions will be provided.
If you are changing your name due to divorce or any other reason, you must present one of the following documents in your new name:
- A marriage certificate
- A divorce decree
- A deed poll document
- A court order
If you do not have one of the above documents in your new name, you should apply for a name change certificate through the Registry of Births, Deaths and Marriages (RBDM) in the state where you were born.
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Frequently asked questions
It depends on your personal circumstances and where you live. If you were born in Australia, you must apply for a change of name certificate from the Registrar of Births, Deaths and Marriages in the state where you were born. If you were born outside of Australia, you must apply in the state or territory where you live. You must have resided continuously in that state for at least 12 months (except in NSW, where you must reside for three years). Once approved, you will receive a legal name change certificate.
You will need three forms of identity documents. If you were born outside of Australia, you will also need to provide evidence of your citizenship or permanent resident status. You will also need to hand in your original birth certificate.
The fees vary depending on the state. In NSW, the cost is $195. In the ACT, the fee is around $200.
Once you have lodged your application, it can take 38-49 days to take effect.
