Ezekeil v Registrar of Births, Deaths and Marriages

[2011] NSWADT 137

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	Ezekeil v Registrar of Births, Deaths and Marriages [2011] NSWADT 137
Hearing dates:	21 April 2011
Decision date:	21 April 2011
Jurisdiction:	General Division
Before:	P. H. Molony, Judicial Member
Decision:	The decision of the Registrar to refuse Mr Ezekiel's fourth application to change the name registered on his birth certificate is affirmed
Catchwords:	Births, Deaths and Marriage Registration - change of registered name on birth certificate
Legislation Cited:	Births, Deaths and Marriages Registration Act 1995
Category:	Principal judgment
Parties:	Desidr Ezekeil (also called Sagosi Ezekiel Eli) - Applicant Registrar of Births, Deaths and Marriages - Respondent
Representation:	Applicant - in person Respondent - K Sanders, Crown Solicitors Office
File Number(s):	113041

REasons for decision

Introduction

1. Mr Ezekiel has applied to review a decision of the Registrar of the Registry of Births, Deaths and Marriages (the agency) to refuse his application to register a change of name on his birth certificate from Sagosi Ezekiel Eli to Desidr Ezekeil (Mr Ezekiel). That decision was affirmed on internal review on 7 February 2011.

1. Essentially, the request was refused on the basis that this was Mr Ezekiel's fourth request for a change of the name on his birth certificate, and, in those circumstances, the agency was not satisfied that the proposed change warranted registration. Mr Ezekiel's previous changes of name were registered -

• In NSW on 15 February 2005 to Melchizedek Ezekiel.
• In Western Australia on 14 August 2007 to Desidr Ezekeil.
• In NSW on 16 December 2009 to Sagosi Ezekiel Eli.

1. Mr Ezekiel filed an application to review that decision with the Tribunal on 17 February 2011. Section 56 of the Births, Deaths and Marriages Registration Act 1995 provides a right to seek such a review from the Tribunal. When read with s 38 of the Administrative Decisions Tribunal Act 1997 it confers jurisdiction on the Tribunal to hear and determine Mr Ezekiel's review application.

1. The matter came before me for hearing on 21 April 201. Mr Ezekiel was self-represented. Ms Saunders represented the agency. At the conclusion of the hearing I explained to Mr Ezekiel as simply as possible that I was not satisfied that this proposed change of name warranted registration, and affirmed the agency's decision.

1. I have since been asked to provide reasons in writing for that decision in accordance with s 89 of the Administrative Decisions Tribunal Act 1997 . These are those reasons.

The Legislation

1. Part 5 of Division 4 of the Births, Deaths and Marriages Registration Act 1995 is concerned with the registration of changes of names on birth certificates. S 26 provides that a persons name may be changed by registration. S 27 makes provision for the making of applications for changes by adults. S 29B establishes restriction on the number of changes a person can request. It provides -

The Registrar is not to register a change of name of a person on application made under this Act if the Registrar is aware that:

(a) a change of the person's name has been registered (whether in this State or in another State) within the period of 12 months immediately preceding the date of the application, or

(b) 3 or more changes of the person's name have been registered (whether in this State or in another State).

1. Section 27(2) then makes provision for exceptions to that general rule. It provides -

(2) The Registrar may register a change of name of a person despite any restriction imposed by section 27 (b) or 28 (1) (b) as to the period for which the person must be resident in the State, or any restriction imposed by section 29B, if:

(a) the Registrar is satisfied that the reason for the proposed change of name warrants the registration of the change of name, or

(b) without limiting paragraph (a), the Registrar is satisfied that the proposed change of name is sought for the protection of the person, the person's children or anyone else associated with the person, or

(c) the proposed change of name is because of the marriage of the person, or

(d) the District Court has approved the proposed change of name on application under section 28 (4).

Mr Ezekiel's reasons for the proposed change

1. Mr Ezekiel has provided both the agency and the Tribunal with various explanations of his reasons for again wishing to change his registered name on his birth certificate. These are contained in his original application for a change of registration, his application for internal review dated 21 December 2010, his application to the Tribunal, and in a further letter dated 22 March 2011. Some of what Mr Ezekiel wrote is difficult to decipher, hard to follow and, at times, inconsistent.

1. Having read all that correspondence and discussed Mr Ezekiel's concerns with him, my understanding of his reasons for seeking the change is as follows. First, he does not like his present name Sagosi Ezekiel Eli. It causes him difficulty. People wrongly call him Alley or Ali. Secondly, he does not like the name Sagosi which, he explained, he had derived from the star sign Sagittarius. He was upset at the resemblance of his name to the opening word in Virgin Blue's 'Snag a deal' campaign.

1. Mr Ezekiel said that he had changed his name from Desidr Ezekeil to Sagosi Ezekiel Eli when he was in Hospital, being treated for a psychotic condition for 12 months. He explained that he had been homeless at that time. He said that having changed his name in December 2009 he soon came to regret it and, by August 2010, was taking active steps to change it back. He did not believe he had truly understood what he was doing when he requested the change of name in December 2009.

1. Mr Ezekiel said that he is known, by the banks, Medicare and most of those he deals with, as Desidr Ezekeil Eli. Given this, I asked him what problems being registered as Sagosi Ezekiel Eli caused him. The only problem he pointed to was that his mental health case manager insisted on using his registered name, Sagosi Ezekiel Eli.

Consideration

1. The issue for determination in this case is whether the Tribunal on review, standing in the shoes of the Registrar, should be satisfied that that the reasons advanced by Mr Ezekiel for the change he seeks warrants the registration of the change under s 29C(2)(a).

1. In submissions, the agency characterised Mr Ezekiel's reasons for seeking the change as being that the name he currently prefers is different to that which is registered. I am inclined to agree with the assessment. It is clear that Mr Ezekiel regrets his name change to Sagosi Ezekiel Eli, and wishes to revert to his former registered name. Whether that name will satisfy him in the longer term is open to question, given his history of name changes

1. In the statutory context of the Births, Deaths and Marriages Registration Act 1995, I accept that an applicant who has reached the statutory cap on the number of name changes set by s 29B most point to some good reason or ground warranting a further change to the register, before the Registrar can exercise the discretion to allow a further change. I agree with the Registrar's decision that personal preference, likes or dislikes, is insufficient to enliven the discretion. There must be some ground or circumstance over an above personal preference justifying a change for it to be warranted. To hold otherwise, would make the restrictions imposed by s 29B nugatory.

1. The reasons advanced by Mr Ezekiel for again wishing to change his registered name are substantially focussed on matters associated with his personal preference. I did note that Mr Ezekiel said that when he last changed his name he had been in hospital, being treated for a psychotic condition. He did not believe that he understood what he was doing when he sought the name change. I considered that if there was evidence which supported that contention, then the fact that Mr Ezekiel changed his name from Desidr Ezekeil to Sagosi Ezekiel Eli while suffering an active psychiatric condition, could constitute a reason for the exercise of the discretion to allow a further change of name. In the absence of appropriate evidence, in the form of an expert psychiatric opinion, that was not a conclusion open to me. I explained this to Mr Ezekiel.

1. As a result I found that Mr Ezekiel had not advanced a sufficient reason to warrant changing the register, and affirmed the decision of the Registrar to refuse to do so.

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Decision last updated: 07 June 2011