Leslie Massey
Deed poll was used in Victoria until 1986 to change a person's name. After 1986, deed poll was replaced by the name change registration process. The process of changing your name varies depending on your country of residence and citizenship. If you are a citizen of Australia, you can apply for a legal name change through Births, Deaths and Marriages (BDM). If you are a New Zealand citizen residing in Australia, you will likely need an Australian-issued legal name change certificate to update your records.
| Characteristics | Values |
|---|---|
| What is a deed poll? | A deed poll is a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation. |
| Is it a contract? | No, it binds only one party. |
| What is the term "deed" referring to? | Signed written undertakings not supported by consideration. |
| What is the term "poll" referring to? | Archaic legal term for documents with straight edges. |
| What is the most common use of a deed poll? | Name change through a deed of change of name. |
| Is there a fee? | Yes, there is an application fee for Births, Deaths and Marriages, and a fee to change credentials such as a passport and licence. |
| How long does it take? | The process can take from 1 to 4 months. |
| What if I married in Australia? | You don't need to apply for a change of name, just give a copy of your Australian marriage certificate to the relevant organisations. |
| What if I changed my name by deed poll before 1986</co: 2,3,7>? | You can get a copy of your deed poll on BDM certificate paper, which is suitable for legal purposes. |
| What if I'm a New Zealand citizen residing in Australia? | You'll need an Australian-issued legal name change certificate to get your records updated. |
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What You'll Learn
Deed poll name change certificates
A deed poll is a legal document that proves a change of name. In Australia, a legal name change certificate (or amended birth certificate) can only be issued by Births, Deaths and Marriages (BDM). The process is managed by BDM, and the certificate is issued by them.
The application process for a legal name change certificate differs based on the state in Australia and whether you are applying for yourself or a child. If you were born in Western Australia (WA) and have previously changed your name via deed poll, you can record this on your birth registration using the BDM104 Application form. If the change was registered in another state or territory, a certified copy of the change of name certificate must be submitted with your application. There is no fee for this service, but there is a fee for an amended birth certificate or change of name certificate.
If you were born in a state other than WA, you will need to apply to the Registry of Births, Deaths and Marriages in that state. If you are an Australian citizen or permanent resident and were born outside of Australia, you must have resided in that state for the past 12 months (except for NSW residents, who must have resided there for three years). To apply, you will need three forms of identity documents and evidence of your citizenship or permanent resident status.
For children, there are three ways to change their name. If the child is under 12 months old and was born in WA, you can change their given name(s) by completing the BDM105 Application form. A fee is payable for this service, and only one change can be made within 12 months of the child's date of birth. To change a child's surname, this can be done at the time of amending the original birth registration information. If the child was born outside of Australia and is an Australian citizen or permanent resident, the child's birth must not be registered in another state or territory, and the child or their parents must have lived continuously in the state for 12 months before applying.
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Marriage certificate as proof of name change
In Australia, a marriage certificate can be used as proof of a name change. This is applicable when a person takes their spouse's surname after marriage. To change your name on official documents, such as your passport or driver's licence, you must contact the relevant authority, such as the Australian Passport Office or Service SA, and provide them with a copy of your marriage certificate.
If your marriage certificate was issued outside of Australia, you should contact the relevant authority or organisation, such as your bank or the Australian Passport Office, to inquire about the specific documents they require as proof of your name change.
It is important to note that there may be different requirements and processes depending on the state or territory in which you were married. For example, if your marriage certificate was issued before a certain date, it may not be eligible for online verification. In such cases, you may need to apply for a new marriage certificate through the relevant authority, such as the SA Registry of Births, Deaths and Marriages.
Additionally, if you are a New Zealand citizen residing in Australia, you may need to obtain an Australian-issued legal name change certificate to update your records. This is because a New Zealand legal name change certificate may not always be accepted in Australia.
To avoid any complications, it is recommended to refer to the specific requirements of the organisation or authority with which you are dealing. They will be able to advise you on the necessary documentation and procedures to update your name across all relevant records.
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Requirements for non-citizens
In Australia, non-citizens wishing to change their name by deed poll must follow specific requirements. Firstly, it's important to note that the process may vary slightly depending on the state or territory, so checking local laws and regulations is essential. Here are the general requirements for non-citizens seeking a name change in Australia:
Understanding the Process
Firstly, non-citizens should understand that the process involves applying for a legal name change through the state or territory government. This is typically done via the Registry of Births, Deaths, and Marriages, and there may be a registration fee involved. The application process can take between 2 and 8 weeks for approval. It is important to note that individuals can only change their name once in a 12-month period and a total of three times in their lifetime.
Obtaining a Change of Name Licence
If you are a non-citizen in Australia, you must first obtain a 'Change of Name Licence' from the Immigration Service Delivery (ISD). This requirement falls under Section 9 of the Aliens Act 1935. To initiate the process, you will need to write to the Change of Name section of the ISD to obtain an application form. Once your application for the Change of Name Licence is approved, you will be required to pay a fee (the amount may vary depending on the location).
Applying for a Change of Name Certificate
After receiving your Change of Name Licence, the next step is to apply for a Change of Name Certificate. This certificate authorises the use of your new name and is separate from the registration fee. You can submit this application to any Civil Registry Office, but it requires authorisation from the Central Registries. This certificate will be crucial for updating your personal records and documents.
Updating Records
Once you have obtained your Change of Name Certificate, you must update your records with relevant organisations. This may include government agencies, financial institutions, and other entities. It is important to note that some organisations may have specific requirements or forms for updating names, so it is advisable to check with each organisation. Additionally, if you are a New Zealand citizen residing in Australia, you may need an Australian-issued legal name change certificate to update your records effectively.
Enrolling the Deed Poll (Optional)
In some cases, enrolling the deed poll may be necessary. This involves submitting a Request to enrol the deed poll in the Central Office of the High Court, acknowledging that the name change will be available for public inspection and published on the Courts Service website. There may be a fee associated with this enrolment, and it may be required by certain organisations before they update your records.
It is important to remember that the requirements for non-citizens to change their names by deed poll in Australia can be complex and vary depending on individual circumstances. Therefore, it is always advisable to seek the most up-to-date information from official government sources or consult a legal professional for personalised guidance.
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Fees and turnaround times
The fees and turnaround times for changing your name in Australia vary between states. The application fee for a legal name change certificate from Births, Deaths and Marriages ranges from $131.50 (Vic) to $275.50 (SA). This is a flat fee, regardless of the significance of your name change. There may be additional costs for new credentials, such as a new passport, and new licences, such as a driving licence, which cost under $20 each.
The time it takes to receive your certificate depends on the state. Queensland has the shortest processing time of 1 to 3 weeks, while most states take 6 to 8 weeks, and occasionally this can extend to 12 weeks.
Once you have received your certificate, you must notify all the necessary organisations of your name change. This can take weeks or months, as you research processes and look for forms. Easy Name Change is a service that can help with this process, auto-completing forms so that they are ready to sign and send.
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Name change for children
In Western Australia, if both parents are named on the child's birth registration, they must both agree to the name change. If both parents agree, they can request to change their child's name by applying to the Western Australian Registry of Births, Deaths and Marriages. If the child is under 12 months of age and only their given name is to be changed, the parent(s) can complete the form 'BDM105 – Change a child's given name(s) within 12 months of their birth'. If the child is over 12 months old or their family name is to be changed, the form 'BDM401 – Application to register a change of name (child under 18 years)' must be completed. If the child is 12 years or older and the parent(s) are applying to add details about their marriage or the other parent to their birth certificate, the child must agree to the family name change and sign the application form.
If the parents cannot agree on the name change, a parent can ask for permission from the Family Court of Western Australia, which will decide whether the proposed name change is in the best interests of the child. If the court permits the name change, a copy of the order must be given to the Western Australian Registry of Births, Deaths and Marriages with the application to register a change of name.
In Victoria, adults can apply to change their child's name. However, the process is not explicitly mentioned.
In New South Wales, the government records official changes of name for children (aged under 18 years). The name change certificate cannot be used to amend any details of a registered life event that occurred before the registration date of the change of name. The Registry of Births, Deaths and Marriages will need to verify the identity of the child before processing the change of name application.
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Frequently asked questions
A deed poll is a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation.
You can apply for a legal name change certificate from Births, Deaths and Marriages (BDM). The process can take between one to four months. Once issued, it is your responsibility to notify all the necessary organisations.
There is an application fee for Births, Deaths and Marriages. There may also be a fee to change other credentials, such as your passport and licence.
Yes, but all parties with parental responsibility need to agree to the change.
You will likely need an Australian-issued legal name change certificate to update your records.
