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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 39
Application to alter record of sex of person 16 years or more in relevant child register
39 Application to alter record of sex of person 16 years or more in relevant
child register
(1) If the person is 16 years or more, the person may apply to alter the
record of sex of the person in the relevant child register.
(2) An
application must— (a) be in the form required by the registrar and made in
an approved way; and
(b) nominate a sex descriptor; and
(c) include a
statement, verified by statutory declaration, that the person— (i)
identifies as the sex stated in the application; and
(ii) lives, or seeks to
live, as a person identified by that sex; and
(d) be accompanied by— (i) a
supporting statement; and
(ii) if the person may only make the application
with written permission under the Corrective Services Act 2006 , section 27AA
—a copy of the written permission; and
(iii) if the person may only make
the application with written permission under the
Dangerous Prisoners (Sexual Offenders) Act 2003 , section 43ABA —a copy of
the written permission; and
(iv) the fee prescribed by regulation; and
(v)
any other documents or information required by the registrar.
(3) A
supporting statement must— (a) be made by a person who is at least 18 years
and who has known the person making the application for at least 12 months;
and
(b) state that the person making the supporting statement— (i) believes
that the person making the application makes the application in good faith;
and
(ii) supports the application.
(4) A person who makes an application
under this section may apply at the same time to register a change of the
person’s first name in the change of name register.
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