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Births, Deaths and Marriages Registration
(Amendment) Bill
Victorian Legislation Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill.
The purpose of the Bill is to amend the Births, Deaths and
Marriages Registration Act 1996 to provide for the recognition
of the sex of persons who have undergone sex affirmation
surgery.
Clause 2 sets out the proposed commencement date of the Bill. Clause 2
provides that the Bill will come into operation upon
proclamation. If the Bill does not come into operation before
1 January 2005, clause 2 provides that the Bill will come into
operation on that day.
Clause 3 amends the objects in section 3 of the Births, Deaths and
Marriages Act 1996 to include the alteration of the record of sex
in a person's birth registration where the person has undergone
sex affirmation surgery and to provide for the issue of documents
acknowledging the identity of certain persons who have
undergone sex affirmation surgery.
Clause 4
· Inserts a new definition of "interstate recognition
certificate" into section 4(1) of the Births, Deaths and
Marriages Registration Act 1996. "Interstate
recognition certificate" is defined to mean a certificate
identifying a person as being of a particular sex that is
issued under the Gender Reassignment Act 2000 (WA),
the Sexual Reassignment Act 1988 (SA) or any other
law prescribed by the regulations for the purposes of
new Part 4A of the Births, Deaths and Marriages
Registration Act 1996.
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551157 BILL LA CIRCULATION 23/4/2004
· Inserts a new definition of "sex affirmation surgery"
into section 4(1) of the Births, Deaths and Marriages
Registration Act 1996. "Sex affirmation surgery" is
defined to mean a surgical procedure involving the
alteration of a person's reproductive organs carried out
Victorian Legislation Parliamentary Documents
for the purpose of assisting the person to be considered
to be a member of the opposite sex.
Clause 5 inserts a new Part 4A into the Births, Deaths and Marriages
Registration Act 1996. Part 4A consists of new sections 30A
to 30H.
Section 30A
· New section 30A(1) provides that an unmarried person
who is aged 18 years or over, and whose birth is
registered in Victoria and who has undergone sex
affirmation surgery, may apply to the Registrar of
Births, Deaths and Marriages for the record of the
person's sex in the person's birth registration to be
altered.
· New section 30A(2) provides that an application under
section 30A(1) must be in the form approved by the
Registrar and must be accompanied by any prescribed
fee.
Section 30B
· New section 30B(1) provides that an application under
new section 30A must include two statutory
declarations from doctors or medical practitioners who
either performed sex affirmation surgery on the
applicant or treated the applicant in connection with the
applicant's transsexualism.
"Doctor" is defined by the Births, Deaths and
Marriages Registration Act 1986 to mean a medical
practitioner registered under the relevant Victorian law.
· New section 30B(2) provides that if the applicant's sex
affirmation surgery was performed outside Australia,
and the Registrar does not consider it reasonably
practicable for the applicant to obtain two statutory
declarations from overseas medical practitioners, the
Registrar may instead require that the application
include two statutory declarations from any of the
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following: an overseas medical practitioner who has
seen the person's medical records and can verify that the
person has undergone sex affirmation surgery, and/or a
doctor or medical practitioner registered in Australia
who the Registrar considers is adequately experienced
Victorian Legislation Parliamentary Documents
in treating persons in connection with transsexualism
and who can verify that the applicant appears to have
undergone sex affirmation surgery.
· New section 30B(3) provides that a statutory declaration
by a medical practitioner registered under the law of a
place outside Australia must be witnessed by a person
authorised under the law of that place to witness
statutory declarations.
· New section 30B(4) provides that where an applicant
has been issued with an interstate recognition certificate
and includes that interstate recognition certificate in
their application, the applicant does not need to provide
the two statutory declarations required by new
sections 30B(1) and 30B(2).
Section 30C
· New section 30C(1) provides that the Registrar must
determine an application under new section 30A by
altering the record of the applicant's sex in the
applicant's birth registration or refusing to do so.
· New section 30C(2) provides that prior to deciding to
alter the record of the applicant's birth in the applicant's
birth registration or declining to do so, the Registrar
may require the applicant to provide any further
information or documentation as is considered
reasonably necessary by the Registrar.
· New section 30C(3) provides that the Registrar cannot
make the alteration to the birth registration if the
applicant is married.
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Section 30D
New section 30D provides that following alteration of the
Register under new section 30C, any new certificate which the
Registrar issues to the applicant must state the person's sex in
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accordance with the record as altered and must not state that the
record of the person's sex has been altered or any former name
the person may have had.
Section 30E
· New section 30E(1) provides that a person who is
unmarried and aged 18 years or over, and whose
principal place of residence is, and has been for at least
12 months, in Victoria; and whose birth is registered in
a place other than Victoria; and who has undergone sex
affirmation surgery, may apply to the Registrar for a
document that acknowledges the person's name and sex.
· New section 30E(2) provides that an application under
new section 30E(1) must include statutory declarations
as described in new section 30B or an interstate
recognition certificate issued to the applicant.
· New section 30E(3) provides that an application under
new section 30E(1) must be in the form approved by the
Registrar and must be accompanied by any prescribed
fee.
Section 30F
· New section 30F(1) provides that the Registrar must
determine an application under section 30E either by
issuing a document acknowledging the applicant's name
and sex or by refusing to issue the document.
· New section 30F(2) provides that before determining
the application under new section 30E, the Registrar
may require the applicant to provide any further
information or documentation that the Registrar
reasonably considers is necessary.
· New section 30F(3) provides that a document issued
under section 30F(1) must not state the applicant's
former sex or any former name the applicant may have
had.
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· New section 30F(4) provides that where the Registrar
considers it appropriate to do so, the Registrar may
include in the document issued under new section
30F(1) any other information concerning the applicant's
birth as requested, in writing, by the applicant.
Victorian Legislation Parliamentary Documents
· New section 30F(5) provides that a document issued
under new section 30F(1) must include a statement that
makes it clear that the document is not to be taken to
certify the particulars of any entry in the Register.
· New section 30F(6) provides that the Registrar cannot
issue a document under new section 30F(1) if the
applicant is married.
Section 30G
New section 30G provides that where the record of a person's sex
has been altered under new section 30C, or where a person has
been issued with an interstate recognition certificate, the person
is a person of the sex as altered for the purposes of, but subject
to, the law of Victoria.
Section 30H
New section 30H provides that in order to avoid doubt, the
validity of a certificate concerning the birth registration of a
person, which was issued in another State or a Territory, is not
affected merely because it was issued as a result of the person
having undergone sex affirmation surgery.
Clause 6 Sections 48(1) and 48(2)(b) of the Births, Deaths and
Marriages Registration Act 1996 together provide that the
Registrar may grant a person access to the Register of Births,
Deaths and Marriages taking into account a number of
considerations, including the sensitivity of the information which
the person is seeking to access.
Clause 6 amends section 48(2)(b) of that Act to provide that
where the Registrar is considering whether or not to grant access
to the Register, the Registrar must take particular account of the
sensitivity of an entry in the Register which relates to records
altered under the amendments made by this Bill.
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Clause 7 inserts a new section 56(1)(b) into the Births, Deaths and
Marriages Registration Act 1996. New section 56(1)(b)
provides that the Registrar must report for the number of
occasions on which the Registrar altered the Register under new
section 30D, or issued a document under new section 30G,
Victorian Legislation Parliamentary Documents
during that financial year.
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