Lyla Lindsey
Changing your name in Australia is a straightforward process, with some variations depending on your state or territory. In the Australian Capital Territory (ACT), for example, Access Canberra is the relevant authority for processing name change applications. If you are over 18 and your birth was registered in the ACT or you are an ACT resident, you can apply to change your name by completing the necessary form and providing supporting documents, such as proof of identity. In other states, such as New South Wales (NSW), similar processes are in place, with certain restrictions on the number of name changes permitted and requirements for specific groups, like restricted persons. Understanding the specific requirements for your state or territory is essential for a smooth name change process in Australia.
| Characteristics | Values |
|---|---|
| Who can apply | Adults (over 18) born in the ACT or who are ACT residents |
| Young people under 18 can have their parents or guardians apply on their behalf | |
| Trans and gender-diverse people can change their name on formal documents to affirm their gender | |
| Application process | Fill out the change of name application form and attach supporting documents (e.g. proof of identity) |
| The supporting documents required differ depending on whether the applicant was born in the ACT or outside of it | |
| A fee is required for the application, but it may be waived or reduced in certain cases | |
| Restricted persons must apply to the Director-General of the Justice and Community Safety Directorate for approval | |
| Applications are unlikely to be approved if changing the applicant's name could be detrimental to the public interest, compromise law enforcement, or adversely affect the rights or safety of others | |
| If born outside the ACT, the applicant must be an Australian citizen or permanent resident and have lived in the ACT for at least the last 12 months | |
| Number of name changes allowed | Only one name change is allowed per 12-month period, and only three name changes are allowed in a lifetime |
| Name change after marriage | If married in Australia, individuals can take their spouse's surname without going through the formal name change application process |
| A marriage certificate issued by an Australian registry of births, deaths, and marriages can be used as evidence to change the surname on personal documentation |
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What You'll Learn
Requirements for proof of identity
To change your name in Australia, you must provide proof of your identity. This is a crucial step in the name change process and requires you to submit specific documents that meet the requirements set by the relevant state or territory authority. Here is an overview of the requirements for proof of identity when changing your name in Australia:
When submitting a name change application in Australia, you will generally need to provide at least one primary document or a combination of secondary documents that meet the identity requirements. The specific documents accepted may vary slightly depending on the state or territory, but here are some common examples:
Primary Documents:
- Birth certificate (Australian or foreign-issued)
- Australian passport
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Name change for trans and gender diverse people
Trans and gender diverse people in Australia can change their name on formal documents to affirm their gender. The process for changing your name differs depending on the state or territory in which you reside. Here is an overview of the process in the Australian Capital Territory (ACT).
Requirements
To be eligible to change your name in the ACT, you must meet one of the following requirements:
- Your birth was registered in the ACT.
- You are an ACT resident.
If you are under 18 years old, your parents or guardians will need to make the application on your behalf. If you are a restricted person, you will need to apply to the Director-General of the Justice and Community Safety Directorate for approval to change your name. Your application is unlikely to be approved if changing your name could compromise your identity or that of another person, or cause a risk to the revenue of the Commonwealth.
Application Process
You can apply by filling out the change of name application form and attaching the necessary supporting documents, such as proof of identity. The supporting documents you must provide may differ depending on whether you were born in the ACT or outside of it. You must also pay the required fee, although you might be able to apply to have the fee waived or reduced.
Changing Your Name on Other Documents
Once your application is approved, you will receive a change of name certificate. This certificate can be used to update other institutions, such as banks, the Passport Office, Department of Immigration, Centrelink, the Australian Taxation Office, Medicare, and superannuation. Each organisation will have its own policies around updating your name in their systems, with some requiring a statutory declaration confirming that you have affirmed your gender and updated your name.
Additional Support
If you need further assistance, you can contact the Inner City Legal Centre, which provides a state-wide free legal service for trans and gender diverse people and can advise on the name change process.
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Name change after marriage
If you got married in Australia and want to take your spouse's surname, you generally don't need to apply for a name change. You can simply provide your standard marriage certificate to support the change on key identity documents like driver's licences and passports. However, some organisations may require you to change your name with the Registry of Births, Deaths and Marriages (BDM) to use your spouse's surname.
If you got married overseas, you may experience difficulties in using your foreign marriage certificate to support the name change. In this case, you may need to register a change of name.
To change your name after marriage in Australia, you can follow these steps:
- Obtain your official marriage certificate issued by the Registry of Births, Deaths and Marriages. This is different from the commemorative certificate you received on your wedding day, which is not a legal document.
- Make a list of all the organisations where you need to update your name, including government agencies, banks, utility suppliers, and other businesses.
- Contact each organisation to find out their specific requirements for proof of your name change. Some may require you to complete a name change request form, while others may ask for a copy of your marriage certificate or other identity documents.
- Send the required documentation to each organisation. Companies typically take a few days to four weeks to update your name in their records.
It is important to note that in the ACT, you can only change your name once in a 12-month period and three times in your lifetime. If you are considered a "restricted person", you will need to apply to the Director-General of the Justice and Community Safety Directorate for approval to change your name.
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Name change for restricted persons
In the Australian Capital Territory (ACT), if you are a restricted person, you will need to apply to the Director-General of the Justice and Community Safety Directorate for approval to change your name. The Director-General may allow you to apply if your request is deemed necessary or reasonable. Restricted persons are those who are serving a sentence of imprisonment or are on parole.
In New South Wales (NSW), the Births, Deaths and Marriages Registration Act 1995 (NSW) restricts certain classes of persons from changing their name without the permission of a supervising authority. It also restricts people from making a name change on behalf of a restricted person. You must obtain permission from the relevant authority to apply for a name change if you are under the supervision of the NSW Police Commissioner. Making an application without approval is an offence under the Births, Deaths and Marriages Registration Act 1995.
In Western Australia, the Births, Deaths and Marriages Registration Act 1998 restricts certain classes of persons from changing their names without the permission of a supervisory authority. It also restricts people from making a name change on behalf of a restricted person. Restricted persons must obtain approval from their relevant supervisory authority before making an application to change their name.
In NSW, you can only change your name once in a 12-month period and three times in your lifetime. If you change your name or use an additional name with the intention of breaking the law, you could face criminal charges.
In the ACT, if you are over 18 and your birth was registered in the territory or you are a resident, you can apply to Access Canberra to change your name. You can apply by filling out the change of name application form and attaching the necessary supporting documents, such as proof of identity. The supporting documents you must provide will differ depending on whether you were born in the ACT or outside of it. You must also pay the required fee, although you might be able to apply to have it waived or reduced. Young trans and gender-diverse people can change their name on formal documents to affirm their gender.
In NSW, the quickest way to apply for a name change is online. The Registry of Births, Deaths & Marriages will need to verify your identity before processing the change of name application. All prices include $11 for postage and handling, with an additional $9 for international postage. If you were married in Australia, you can take your spouse's surname without going through the formal name change application process. However, you can register a change of name with the Registry of Births, Deaths & Marriages online for a fee. To register a name change for a child under 18, both parents must complete the application.
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How to change your name on your passport
To change the name on your Australian passport, you must follow these steps:
First, obtain an approved name change document. This could be a marriage certificate, divorce certificate, or another official name change certificate. If you were married overseas, you must apply for a name change certificate through the Registry of Births, Deaths and Marriages (RBDM) in the state you were born. If you were born overseas and acquired Australian citizenship after getting married or entering a registered relationship, you must provide a foreign marriage or relationship certificate that has been legalised and translated into English by an approved translation service.
Next, complete a PC8 Application for an Australian Passport Overseas application. This can be done online through the Australian Passport Office website. You will need to provide all the standard requirements, including a guarantor, an ID combination, and new photos. If this is your first application and your name has changed from your Australian birth certificate or citizenship certificate, you will need to provide name change documents.
After completing your application, lodge it in person at one of the Australian Passport Office locations. You will also need to attend an interview and a full identity check at an Australia Post outlet, where you will pay the fees for your new passport.
It's important to note that if you have multiple Australian passports in different names, you must change the name on all of them at the same time. Additionally, if your name change is due to a documented change in relationship status, you may be entitled to a free passport replacement.
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Frequently asked questions
You can apply to Access Canberra to change your name by filling out a change of name application form and attaching the necessary supporting documents (e.g. proof of identity). You must also pay the required fee, although you may be able to apply to have it waived or reduced.
If your child is under 18 years old, their parents and/or guardians must fill out the application form. If there is only a single parent named on the birth certificate, only one parent needs to fill out the form.
If you are a restricted person, you will need to apply to the Director-General of the Justice and Community Safety Directorate for approval to change your name. The Director-General may allow you to apply if your request is necessary or reasonable.
