1. Policy overview
A person’s name is an essential part of their legal identity and appears on important documents such as a Medicare card, passport, and driver licence.
The purpose of this policy is to outline the considerations in determining whether a name may be prohibited under the NSW Births, Deaths and Marriages Registration Act 1995 (the Act).
2. What is a prohibited name
Section 4(1) of the Act defines a prohibited name as a name that:
- is obscene or offensive, or
- could not practicably be established by repute or usage—
- because it is too long, or
- because it consists of or includes symbols without phonetic significance, or
- for some other reason, or
- includes or resembles an official title or rank, or
- is contrary to the public interest for some other reason.
A prohibited name is not limited to a consideration of the name in isolation and may include considerations of the intended or potential use of the name, and/or the motivation behind the choice of a name. al use of the name, and / or the motivation behind the choice of a name.
3. Obscene or offensive names
Names that would reasonably be considered obscene or offensive, whether in English or another language, are likely to include:
- swear words or explicit language
- descriptions of violent, lewd, or sexual acts
- names, descriptions or references to illegal substances, gambling or criminal activity or known criminal matters
- words that are or could imply racial, ethnic, or cultural slurs
- names that are likely to insult, humiliate, offend, or intimidate a person or group based on race, gender, sexuality, religion, or disability
- the proposed name would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable section of the community.
4. A name that cannot be used by repute or usage
Names that are impractical for daily use in the community will not be registered.
4.1. Names that are too long
Many Australian identification documents, such as driver’s licences and Passports, including certificates issued by the Registry, have certain requirements in relation to the length and characters in a name.
The restrictions to the length of a name are as follows:
- a maximum length of 50 characters in total for the family name/surname, which includes spaces between names
- a maximum length of 50 characters in total for the first given name/s, which includes spaces between names
- a maximum length of 50 characters in total for the other given name/s or middle name/s, which includes spaces between names.
4.2. Names that include symbols without phonetic significance
Names that contain numbers or symbols cannot be registered.
Names that contain punctuation in any position in the name cannot be registered. Exceptions are made when a hyphen is used to hyphenate names and an apostrophe (’), where phonetic, familial, or cultural significance applies, such as the names Anne-Marie, O’Connor or Hali’a.
Examples of names that cannot be registered are likely to include:
- 1st, 2nd, or 3rd
- numerals, such as 7om 5mith for Tom Smith
- the email address “at” @ symbol, registered ® trademark symbol, and copyright © symbols.
- roman numerals, such as XVII or MMXXIII
- symbols, such as “per cent” (%), “less than” (<), “plus” (+), currency symbols ($), ampersands (&), and asterisks (*).
4.3. Other reasons
Other reasons a name may not be approved may include:
- the name is not provided using the English alphabet
- the name provided forms a statement, such as May The Force Be With You
- the name is a sentence, such as Tula Does The Hula From Hawaii.
5. A name includes or resembles an official title or rank
Names that include or resemble titles or ranks are not registrable in NSW. For example:
- judicial, military, and civil law enforcement titles, such as Commander, Inspec
tor and Judge - royal titles, such as Queen Mary of Sydney Smith
- religious titles, such as Dalai Lama or Archbishop
- professional titles, such as Doctor or Professor
- political titles, such as Prime Minister or President.
6. A name that is contrary to the public interest for some other reason
Names that are contrary to public interest may include:
- names that might be misleading such as a name that implies an official connection to a government entity, commercial enterprise or major event
- names that might represent commercial, company or business interests, such as trademarks or a registered business name
- names that refer to formal documents or administrative processes, such as ‘passport’ or ‘driver licence’
- names chosen for an improper purpose.
7. Diacritical marks and accents on names.
Diacritical marks or accents may form part of a registered name in NSW where required for correct pronunciation. As of January 2025, people wishing to register a name with a diacritical mark will need to do so via a paper form, either submitted through Service NSW or sent via post.
8. What if the name I choose is not accepted
When registering a birth or applying to change of name, the chosen name is reviewed by the Registry. If the name is found to be potentially prohibited, the applicant will be asked for more information to explain the choice of name.
Under section 21(2)(a)-(b) of the Act, the Registrar may assign a name to the child if the name stated in the birth registration statement is a prohibited name, or the birth registration statement is lodged by both parents of the child, and they satisfy the Registrar that they are unable to agree on the child’s name.