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.
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.
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:
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.
Ms Hennessy said in an article in:
Speaking to, 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,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, Goldner said:
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.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.
FREE legislation news, delivered weekly.
Sign up now.#WeLoveLegislation Tweets
NEW information resources - great for training.