You can assume a new name by consistently using a new name. Section 30 of the Births, Deaths and Marriages Registration Act 1996 (Vic) ("BDMR Act") provides for recognition of change of name established by repute or usage. Provided you do not assume your new name for a criminal purpose, you are free to call yourself what you like, and to assume your name whenever you like.
Some religions place restrictions on the way their members are allowed to change their names, but these restrictions have no legal effect.
You do not need to fill in any documents to make an assumed name legal, but many government departments, such as Centrelink and the Australian Passport Office, require written proof. If you need written proof of a name change, you should:
- obtain an application for registration of a change of name from the Registry of Births, Deaths and Marriages; and
- fill out the form and lodge it at the Registry. You will have to pay $63.30 for registration of the change of name plus $27.80 if a certificate is required. Provide documents of identification when you do this. (These fees are current from 1 July 2011. However, the fee changes each year and postal costs apply (if postage is required), so it is worth checking with the Registry before you make the payment).
Information and forms may also be obtained and lodged via the Births, Deaths and Marriages online shop at the website listed above.
If you are an adult person who has been residing in Victoria for the last three months, or if your birth is registered in Victoria, you may apply for registration of a change of name in Victoria. The parents of a child under 18 years who was born in Victoria or has been residing in Victoria for the last three months may also apply.
If you were born outside Victoria and currently reside in Victoria, proof of at least three months residence will be required.
If you were born in Victoria and your application is accepted, you will be given a copy of your birth certificate in your new name and a change of name certificate.
If you were not born in Victoria and reside in Victoria and your application is accepted, you will receive a change of name certificate. The Registry will notify your birth state of the change of name in order to have it noted on their records.
Applications for either a new birth certificate and a change of name certificate or (if you were not born in Victoria) a change of name certificate only, usually take less than one week to be processed. However, you should make enquiries with the Registry office if you wish to get an assessment if you require your certificate within a specific time.
If you were born overseas and wish to register a change of name, there are special requirements which must be satisfied. You must provide proof of legal entitlement to remain in Australia indefinitely (e.g. a citizenship certificate, Australian passport or proof of Australian permanent resident visa) and also proof of at least three months residence in Victoria (e.g. utility accounts or bank statements). You must also provide proof of the place of your birth (e.g. a birth certificate or passport). Further information may be obtained by contacting the registry office or through the registry website.
Before registering a change of name, the Registrar of Births Deaths and Marriages ("the Registrar") may ask the applicant to provide satisfactory proof of identity and age of the person whose name is sought to be changed. The Registrar may also need to be satisfied that the change of name is not being sought for a fraudulent or improper purpose.
The Registrar may refuse to register a change of name if, upon registration it would become a prohibited name. A prohibited name is:
- an obscene or offensive name; or
- a name the registration of which would not be practicable or cannot be established by repute or usage because the name is too long, consists of symbols or includes symbols with no phonetic significance, or for some other reason; or
- a name the registration of which is against the public interest.
If the change of name has been made under another law or a court order, the Registrar may register it. You may appeal to the Victorian Civil and Administrative Tribunal (VCAT) (see: Chapter 21*3 Administrative Appeals Tribunals) if you do not agree with the Registrar's decision.
It is also possible to use a deed poll to prove a change of name. While you may use a deed poll as evidence of having assumed a new name, you cannot now use a deed poll to administratively register a change of name. From 1 November 1986, a change of name can only be registered by making an application to the Registrar on the prescribed form, as described above. However, a deed poll registered before 1 November 1986 is considered legal, and a certified copy can be obtained from the Registry upon application and payment of the scheduled fee.
A change of name may generally be registered only once in any 12-month period. In exceptional circumstances, for example, for reasons of personal safety, this rule may be waived.
According to changes to the law that came into effect on 1 August 2005, the Registrar is required to notify the Chief Commissioner of Police of details of the change of name of certain sex offenders.
If you change your name, you should notify all the various authorities that you deal with that you have changed your name; for example, your local council, VicRoads (if you have a driver's licence), the Commonwealth Electoral Commission, Australian Passport Office (if you have a passport), Australian Taxation Office (on your next return), Commissioner of Land Tax (if you own a house), telephone provider, electricity or gas company, etc.
Don't forget to tell your employer (if you work).
A will is valid even if the willmaker has changed names. For further information about making a will, see: Chapter 20*1 Wills.
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ASSUMING A NEW NAME :: Last updated: Thu Jul 1st 2010