Births, Deaths, Marriages, and Relationships Registration Act 1995

78 Restrictions on searches relating to new names of certain witnesses, etc

(1)

While section 65 applies to a person, no person other than the Registrar-General shall permit any person to inspect, or obtain a copy or print-out of any information contained in, any document relating to the acquisition of the new identity the Registrar-General has been directed to protect.

(2)

The Registrar-General may permit a person (in this subsection referred to as the applicant) to inspect, or obtain a copy of or print-out of any information contained in, the document if satisfied that the person to whom it relates—

(a)

is the applicant; or

(b)

has given the Registrar-General written consent to the applicant’s inspecting it; or

(c)

is dead; or

(d)

was born more than 120 years ago.

(3)

Except as provided in subsection (2), the Registrar-General shall not permit any person to inspect, or obtain a copy of or print-out of any information contained in, the document, except on the order of the Family Court, the District Court, or the High Court, made—

(a)

for the purposes of a prosecution for making a false statement; or

(b)

in the event of any question as to the validity of a marriage or civil union; or

(c)

on any other special ground.

(4)

The Registrar-General may notify a government agency that has an interest in ensuring that people do not have more than 1 identity of the fact that section 65 applies to a person and provide details about the person, such as the person’s date of birth, former name, and new name, to the agency.

(5)

However, the Registrar-General may do so only if he or she has the written approval of—

(a)

the Commissioner of Police, in the case of a new identity created as the result of a request made under section 65(1)(a); or

(b)

the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under section 65(1)(b).

(6)

Subsections (7) and (8) apply if a person requests, under this Act, birth information, death information, marriage information, civil union information, or name change information of a person for whom a new identity has been created.

(7)

The Registrar-General must, as soon as practicable,—

(a)

cause the person who has the new identity to be notified that the information has been requested, if the Registrar-General has the person’s latest contact details; and

(b)

also notify—

(i)

the Commissioner of Police, if the new identity was created as a result of a request under section 65(1)(a); or

(ii)

the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under section 65(1)(b).

(8)

The Registrar-General may also inform the person who has the new identity and the Commissioner of Police or the Director-General of the relevant intelligence and security agency (whichever is notified under subsection (7)) of the following information:

(a)

the date and time of the request:

(b)

the name, address, and contact details (if known) of the person who made the request:

(c)

the information requested:

(d)

the information (if any) provided to the person as a result of the request.

Section 78(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(3)(b): amended, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).

Section 78(4): substituted, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(5): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(5)(b): replaced, on 28 September 2017, by section 249(1) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78(6): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(7): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(7)(b)(ii): replaced, on 28 September 2017, by section 249(2) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78(8): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(8): amended, on 28 September 2017, by section 249(3) of the Intelligence and Security Act 2017 (2017 No 10).