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As from 1 April 1996, the Registry of Births, Deaths and Marriages assumed the administrative responsibility for registering all changes of name in New South Wales. All changes of name are registered in accordance with provisions contained in Part 5 of the Births, Deaths and Marriages Registration Act 1995.

The Land Titles Office no longer registers Deeds Poll or Instruments Evidencing Change of Name.

A person is legally able to change his or her name. If a person alters their name or uses an additional or other name with the intention to act fraudulently or with an intention to deceive or in any other way which contravenes the law, they may be subject to criminal proceedings.

A person may use a new name without any formal steps. At common law, a person will not actually change his or her name until the person has used and become known by the new name. Under the Registry's legislation the name is changed once it is registered.

Occasions arise where a person will be asked to provide proof of change of name (for example as proof of identity or to obtain a passport). For these reasons a person may record their new name or alteration of their name by registering a Change of Name at the Registry of Births, Deaths and Marriages.

Please note, if you were married in Australia a formal Change of Name is not required if you wish to take your spouses name. A Standard Marriage Certificate is usually sufficient evidence to have personal documentation, such as your driver's licence and passport changed to your married surname.

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