Victorian Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION AMENDMENT ACT 2019 (NO. 25 OF 2019) - SECT 8

For sections 30A and 30B of the Principal Act substitute —

        " 30A     Application to alter record of sex in person's birth registration

    (1)     A person who is aged 18 years or over may apply to the Registrar for the record of the person's sex in the person's birth registration to be altered if—

        (a)     the person's birth is registered in Victoria; and

        (b)     the person believes the person's sex to be as nominated in the application; and

        (c)     the record of the person's sex has not been altered within the 12 months preceding the date of making the application.

    (2)     The applicant must nominate a sex descriptor in the application.

    (3)     The application must—

        (a)     be in the form approved by the Registrar; and

        (b)     include a statutory declaration made by the applicant that addresses the requirements of subsection (1); and

        (c)     be accompanied by—

              (i)     a supporting statement in accordance with subsection (4); and

              (ii)     the prescribed fee (if any); and

              (iii)     any other documents or information reasonably required by the Registrar.

    (4)     A supporting statement must—

        (a)     be in the form approved by the Registrar; and

        (b)     be made by a person who is aged 18 years or over and who has known the applicant for at least 12 months; and

        (c)     state that the person making the supporting statement—

              (i)     believes that the applicant makes the application to alter the record of the sex of the applicant in good faith; and

              (ii)     supports the application.

        30B     Application to alter record of sex in child's birth registration

    (1)     Subject to section 30BA, the parents of a child may apply to the Registrar for the record of the child's sex in the child's birth registration to be altered if—

        (a)     the child's birth is registered in Victoria; and

        (b)     the child consents to the alteration of the record of the child's sex to the sex descriptor nominated in the application; and

        (c)     the parents believe on reasonable grounds that the alteration of the record of the child's sex is in the best interests of the child; and

        (d)     the record of the child's sex has not been altered within the 12 months preceding the date of making the application.

    (2)     The applicants must nominate a sex descriptor in the application.

    (3)     The application must—

        (a)     be in the form approved by the Registrar; and

        (b)     include a statutory declaration made by each of the applicants addressing the requirements of subsection (1); and

        (c)     be accompanied by—

              (i)     a supporting statement in accordance with subsection (4), unless the Court has made an order under section 30BB(3); and

              (ii)     the prescribed fee (if any); and

              (iii)     any other documents or information reasonably required by the Registrar.

    (4)     A supporting statement must—

        (a)     be in the form approved by the Registrar; and

        (b)     be made by a relevant person; and

        (c)     state that the relevant person is of the opinion that—

              (i)     the alteration of the record of the child's sex is in the best interests of the child; and

              (ii)     if the child is under 16 years of age, the child has capacity to consent to the alteration of the record of the child's sex.

    (5)     In this section, "relevant person" means—

        (a)     a doctor; or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

        (c)     a person who is a member of a prescribed class of persons.

        30BA     Application made by one parent or guardian to alter record of sex in child's birth registration

    (1)     An application under section 30B for the alteration of the record of a child's sex in the child's birth registration may be made by one parent if—

        (a)     the applicant is the sole parent named in the registration of the child's birth under this Act; or

        (b)     there is no other surviving parent of the child; or

        (c)     the Court makes an order under section 30BB(3) approving the alteration of the record of the child's sex.

    (2)     An application under section 30B for the alteration of the record of a child's sex in the child's birth registration may be made by the child's guardian if—

        (a)     the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child; or

        (b)     the Court makes an order under section 30BB(3) approving the alteration of the record of the child's sex.

        30BB     Court order approving alteration of record of sex in child's birth registration

    (1)     A parent of a child may apply to the Court for an order to approve the alteration of the record of the child's sex in the child's birth registration.

    (2)     A child's guardian may make an application under subsection (1) if the parents of the child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to the child.

    (3)     The Court may make an order approving the alteration of the record of the child's sex in the child's birth registration if the Court is satisfied that the alteration is in the child's best interests.".