Serious offenders can't change their names

By Bevan Shields
Updated November 6 2012 - 3:25am, first published February 21 2012 - 10:22am
Child killer Austin Allan Hughes changed his name to Blain Lopez Smith on his release from prison.
Child killer Austin Allan Hughes changed his name to Blain Lopez Smith on his release from prison.

Child killer Austin Allan Hughes is a prime example of why criminals will be banned from changing their names, according to NSW Premier Barry O’Farrell.Mr O’Farrell made the comment yesterday after announcing new legislation to prevent murderers, rapists and other dangerous criminals from adopting new names.Hughes changed his name by deed poll towards the end of 16 years in prison for his role alongside Gunn-Britt Ashfield in the brutal murder of six-year-old Nowra boy John Ashfield in 1993.His new name was only revealed when the 38-year-old was arrested and charged with breaching the Child Protection Act after it was alleged he had spent time with a woman and her two children at Kempsey.Discussing the laws in Parliament yesterday, Mr O’Farrell highlighted Hughes’ ability to change his name to Blain Lopez Smith.‘‘His real identity only became known after the woman’s sister became suspicious,’’ Mr O’Farrell said. ‘‘Allowing criminals to change their name makes it easier for them to avoid detection and that puts the community and their victims at risk.’’Under existing laws, a convicted criminal cannot be prevented from changing his or her name.Last month, the NSW Registry of Births, Deaths and Marriages told the Mercury criminal background checks were not conducted as part of the name change process. But under the new laws, a list of serious offenders will be sent to the registry.The registry will automatically refuse any name-change application by serious sex offenders, inmates, parolees and forensic patients that hasn’t received the written approval of a supervising authority.Offenders under supervision will also be prevented from lodging a name-change application if there is a reasonable likelihood they will use a new name to avoid being monitored.During two bail hearings last month, it was alleged Hughes had been living with the Kempsey family since last October, and had breached the Child Protection Act by spending more than 14 consecutive days with the woman’s son and daughter.Hughes also allegedly failed to record his change of address.Bail was refused and Hughes was remanded in custody until March 8.Under the proposed changes, people will also only be able to change their name three times in a lifetime.

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