Bill To Allow Gender Change On Birth Certificates Without Surgery Introduced in Victoria
Wednesday 26 June 2019 @ 3.03 p.m. | Judiciary, Legal Profession & Procedure | Legal Research
On 18 June 2019, the Births, Deaths and Marriages Registration Amendment Bill 2019 (the “Bill”) was introduced to Victoria’s Legislative Assembly by Attorney-General and Minister for Workplace Safety, the Hon Jill Hennessy MP. The Bill is currently being considered by the Assembly.
Object of the Bill
According to the Bill’s Explanatory Memorandum (“EM”), the object of the legislation is to amend the Births, Deaths and Marriages Registration Act 1996 to:
The proposed amendments will allow an adult to apply to alter the sex recorded in their birth registration to a sex descriptor of their choice.
ABC News reports the reform is aimed at improving existing laws, where Victorians can only change their birth certificate after they have undergone gender reassignment surgery.
Children will also be able to apply to alter the sex on their birth certificate but only with the backing of their parents and a supporting statement from a doctor, registered psychologist or another prescribed person who can confirm it would be in the child’s best interest.
If passed, the following Victorian legislation will be amended:
- Births, Deaths and Marriages Registration Act 1996;
- Children, Youth and Families Act 2005;
- Corrections Act 1986;
- Serious Offenders Act 2018; and
- Sex Offenders Registration Act 2004.
While the Births, Deaths and Marriages Registration Act 1996 will be amended, consequential amendments to the remaining legislation is necessary in order to provide an approval process for applications to alter a record of sex in a birth registration, or for a document acknowledging a person's sex, made by a youth justice detainee, a person who is a prisoner, on parole, under supervision as a serious sex offender or a registrable offender.
Comment and Reaction on the Bill
Ms Hennessy said in an article in The Age:
Speaking to ABC News, Premier Daniel Andrews said he was hopeful the legislation would have the support it needed the second time around:
Victorian Opposition Leader Michael O'Brien said he would like to see the details of the Bill in its current form before making a decision on whether or not to support the legislation:
Acting Executive Director of Transgender Victoria, Sally Goldner said ending the requirement was vital to give everyone the right to a birth certificate that reflects their real sense of identity, she said under current laws, people are often forced to “out” themselves when applying for work, or even have surgeries they don’t really want:
Reflecting on the cost of surgery in an Opinion Piece for the SMH, Goldner said:
Requirements in other States and Territories
Currently, Tasmania, the ACT, NT, WA and SA have all already removed the requirement for surgery to occur before a birth certificate gender is changed.
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