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Legislative Assembly for the ACT: 1997 Week 10 Hansard (25 September) . . Page.. 3437 ..


This Bill is part of the package of legislation to bring the ACT into the uniform scheme of legislation on registration of births deaths and marriages which has been agreed between the States and Territories.

It contains amendments to a number of Acts. The amendments are required as a consequence of the changes made by the Births, Deaths and Marriages Registration Bill 1997. Most of the amendments are to ensure that cross references will be correct when the Births, Deaths and Marriages Registration Bill 1997 commences.

The only substantive amendment is to the Registration of Deeds Act 1957. That Act is amended to prevent the registration of deeds poll which relate to persons under the age of 18. Without that amendment it is possible for a parent to execute a deed poll on behalf of a child to change the name of the child. The deed poll can then be registered under this Act and an appearance of official acceptance given to the change of name.

This device has been used by parents both from the ACT and from interstate to make unilateral decisions about the name to be used by a child. Using this method there is no requirement for consultation between parents or with the child concerned. The Births, Deaths and Marriages Registration Bill 1997 provides a complete scheme for registration of name changes for both adults and children. Where children are concerned there is a requirement for agreement between the parents with provision for application to the Supreme Court if agreement cannot be reached. There is also a requirement for the consent of older children.

This scheme is part of the uniform legislation adopted by all the States and Territories. It is appropriate the alternative methods of registering a changed name for a child are removed. In this way the balanced approach provided by the


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