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Procedure Properties

Title: Change of Name by an Offender
Category: Offender Management
Version: 03
Implement Date: 18 December 2009
Application: Custodial / Probation and Parole
Availability: Public

Authority

Appendices and Forms

Procedures

Policies

  • Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Performance Measures

  • Nil

Procedure - Change of Name by an Offender


Purpose
1.Application to change name
2.Failure to apply for change of name
3.Decision
3.1Victims Register
4.Records
5.Change of name of an offender when discharged

Purpose

To provide a process for an offender intending to change his or her name under the Births, Deaths and Marriages Registration Act 2003 (BDMRA).

1. Application to change name

Refer Corrective Services Act 2006, ss. 7, 27.

An offender in the custody of the chief executive, including an offender subject to a continuing detention order and an offender who is released to parole, who intends to change his/her name, must apply and obtain the chief executive's written permission before applying to change his or her name under the BDMRA.

The offender must apply on the Form 4 - Application to Change Name.

2. Failure to apply for change of name

An offender failing to apply to the chief executive to change his/her name is liable to a maximum penalty of 20 penalty units or 6 months imprisonment.

If the chief executive or delegate becomes aware that the offender has changed his/her name without obtaining the chief executive or delegate's written permission, the chief executive or delegate may apply to the registrar under the BDMRA for the cancellation of the name change.

Refer CSA ss. 27(1), (3) and (4)

3. Decision

Refer Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

In deciding whether to allow an offender to change his/her name, the chief executive or delegate must consider-

  1. whether the proposed name change poses a threat to the security of a corrective services facility;
  2. the safety of the offender and other persons;
  3. whether the proposed name change could be used to further an unlawful activity or purpose; and
  4. whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.

The chief executive or delegate must consult with the Victims Register in relation to any application by an offender to change his/her name.

If an offender's victim is listed on the register, the chief executive or delegate must then consider whether a proposed name change could be considered offensive to the victim/s of the crime committed by the offender or an immediate family member of a deceased victim of the crime.

The chief executive or delegate must advise the offender of the decision in writing using the “Decision” section of Form 4 - Application to Change Name.

If approval is given for change of name, the offender may then apply in the appropriate form to the Queensland Registry of Births, Deaths and Marriages.

3.1 Victims Register

When consulted, the Victims Register must send any eligible person-

  1. correspondence advising of the offender's request for a change of name; and
  2. administrative form - Victims Register Notice of Name Change Request.

The eligible person must respond within 21 days with any concerns.

The Victims Register must then inform the chief executive or delegate whether a response has been received and, if so, the eligible person's views (refer procedure - Victims Register - Release of Information).

4. Records

If approval is granted for the offender to change his/her name, the integrated offender management system (IOMS) must be amended to note the changes made to the offender's name.

Advice must also be provided to the Victims Register to update records and ensure that accurate information is held in relation to any offender listed on that register.

5. Change of name of an offender when discharged

If an offender changes his/her name when discharged (ie. not in the custody of the chief executive, subject to a continuing detention order, subject to a community based order or post release order), and subsequently returns to custody or supervision, the offender must provide a copy of relevant documentation in relation to the name change to the corrective services officer.

Following confirmation of the name change, the officer must-

  1. amend IOMS to note the changes made to the offender's name (including the provision of the offender's previous name as an alias);
  2. attach a copy of the documentation provided by the offender as an attachment on IOMS; and
  3. case note the matter.

Advice must also be provided to the Victims Register to update records and ensure that accurate information is held in relation to any offender listed on that register.





KELVIN ANDERSON
Commissioner





Version History

18/12/2009 Version 03 - 29/04/2008 Version 02 - 01/07/2006 Version 01 - 01/07/2001 Version 00