Archdiocese of Canberra and Goulburn CATHOLIC EDUCATION OFFICE Changing the by legalstuff4

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									                   Archdiocese of Canberra and Goulburn

            CATHOLIC EDUCATION OFFICE

                                                                        Changing the Name of a Student

Related Policies
Family Law


Purpose
This policy sets out the criteria to be met to enable the name of a student to be changed on
school/college records.


Policy
School/College documents in relation to students under the age of eighteen must be consistent
with the name of the student on the birth certificate. A student’s name cannot be changed at
the time of enrolment or at other times unless one or more of the criteria listed in the
procedures section of this policy are met.


Definitions
Nil


Procedures

1. A Principal may enrol students under an alternative name or change existing records to
   indicate the new name if one or more of the following conditions are met:
      1.1      signed consent from both parents indicating approval to use the new name is
               provided;
      1.2      a court order is provided authorising the use of a new name;
      1.3      a statutory declaration is provided by the enrolling parent indicating that the child
               has had no contact with the other parent and his or her whereabouts are unknown.
               (While there is no specific legal requirement regarding the period of time, it is
               considered advisable and in keeping with established practice to apply a five year
               time span for non contact with the other parent);
      1.4      a birth certificate has been issued in the new name;
      1.5      proof of adoption has been issued in the new name;
      1.6      the Department of Community Services (NSW) or the Department of Family
               Services (ACT) is responsible for the care of the child and the department indicates
               the use of a new name for the child is appropriate;




Catholic Education Office – Archdiocese of Canberra and Goulburn – Policies and Procedures Manual   1/2
                                     Changing the Name of a Student



       1.7     evidence is provided that the parent and/or any child are subject to witness
               protection or some other similar scheme designed to ensure their safety and that the
               use of a new name for the child is necessary to maintain the safety and well being of
               the parent and/or child;
       1.8     a signed consent from one parent and proof that the other parent is deceased.


2. Students aged 18 years or more are entitled to be enrolled in whatever name they choose.


       Note: The Family Court of Australia recognised in Chapman v Palmer (1978) FLC 90 – 510
       that a child may initiate to have the ability personally to bring about a situation where he or
       she is known by a surname of his or her choosing. This is more likely where the child is
       approaching 18 years.

       Principals, particularly for older students, should ascertain the child’s wishes before
       effecting any name change on school records.


References
N/A


Forms
Nil

      Approved by:                     CEO Heads of Division
      Issuing Group:                   Human Resources Division
      Implementation Date:             January 2005
      Supersedes Policy Dated: February 2003
      Revision Date:                   2008
      CEO Contact Officer:             Principal Human Resources Officer: Employment Relations & Legal Issues




Catholic Education Office – Archdiocese of Canberra and Goulburn – Policies and Procedures Manual               2/2

								
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