Naming your newborn child – or changing your own name – is an important and exciting event.
The vast majority of names chosen by parents for their child, or by people for themselves, can be registered with the Registry of Births, Deaths and Marriages Victoria (BDM). However, there are some names that are classed as prohibited by the Births, Deaths and Marriages Registration Act 1996 (the Act). Where a name is determined to be prohibited, BDM will not register that name.
Before making a decision, BDM will take into account a number of relevant factors including cultural and family relevance and how the name would be perceived in the community.
If you are seeking to register a name that might be prohibited, BDM will work with you to ensure your child’s name – or your own – is meaningful to you, reflects community expectations and can be registered.
Policy objective
This policy sets out what names are prohibited and the approach BDM takes when making a decision about whether to register a name.
Why are some names prohibited?
Names are very significant. You carry your name around with you and it is used on a daily basis by you, your family and friends and the wider community. Names are therefore important both to the individual and to the community.
Names are also important for your legal identity. Your name appears on legal identity documents such as your Medicare card, passport and driver’s licence and assists you to access a range of government and non-government services.
Recognising the important role names play in people’s lives, some names are prohibited if they cannot reasonably be used by the community and/or on legal identity documents.
Which names are prohibited names?
Section 4(1) of the Act defines a prohibited name to mean a name that:
- Is obscene or offensive
- Can’t be established by repute or usage
- Is contrary to the public interest.
How BDM makes a decision to register a name
BDM makes decisions on a case by case basis about whether a name can be registered or not. If a name might be a prohibited name, BDM will first take into account a number of relevant factors before making a decision to register the name or not.
BDM will contact you first to understand the reasons for choosing the name, in particular whether the name has specific relevance to you, your family or culture.
BDM will also take into account a number of other relevant factors, these include:
- How the name is perceived in the community (noting that community perceptions change over time)
- How the name is spelt and how it sounds when spoken
- The position of the name, e.g. first, middle or family name
- Use of the name in the community. Evidence that the name has been used in the community includes:
- Government issued identity documents
- Identity documents issued by other agencies/organisations (e.g. tertiary education institutions, employer)
- Documents on official letterhead (e.g. bank or superannuation statements, utility accounts)
- Use of the name for professional purposes
- Suitability of the name for legal identity and administrative purposes
- Consideration of the Charter of Human Rights and Responsibilities Act 2006 (Vic), which includes considerations of cultural or religious reasons for choosing a name
- BDM’s legal obligations.
What happens if the name cannot be registered?
If the name chosen for the child cannot be registered, and the parents do not provide an alternative, BDM may assign a name so that the child’s birth can be legally registered.
Where a person applies to change their name, BDM will not register the change if, as a result of the change, the person’s name would become a prohibited name.
An application can be made to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision made by the Registrar of Births, Deaths and Marriages. An application must be made to VCAT within 28 days of the Registrar making their decision.
Information about VCAT is available at https://www.vcat.vic.gov.au, or you can contact VCAT directly on 1300 018 228.
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