Tasmanian Greens MPs

Amendment

New Clause I was brought up by Ms O’Connor and read the First time as follows:

Clause I: Part 4A replaced (Registration of change of gender)

Part 4A of the Principal Act is repealed and replaced with the following new Part 4A.

PART 4A – Inclusion of gender information, change or deletion of gender

28A. Inclusion of gender information

(1)           A person aged 16 years or more, on providing their gender affirmation declaration to the Registrar, may apply to the Registrar for inclusion of gender information under Section 50 of this Act.

(2)           The parents of a child aged under 16 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for inclusion of gender information under Section 50 of this Act.

(3)       An application for inclusion of gender information for a child under the age of 16 years may be made by one parent or guardian if –

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

(b)          the applicant is the sole guardian of the child; or

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

(d)          a magistrate approves the proposed collection and retention of gender under subsection (4).

(4)           A magistrate may, on application by a parent of a child under 16 years, approve inclusion of gender information for the child if satisfied that the change is in accordance with the requirements under section 28B(a).

28B.       Child’s consent to the gender included

For the purposes of 28A, gender information of a person under the age of 16 years must not be included unless –

(a)           the gender to be included is consistent with the will and preferences of the person; or

(b)           the person is unable to understand the meaning and implications of the gender to be included.

28C.       Application to register change or removal of sex or gender from the Register

(1)           A person aged 16 years or more whose birth is entered in the Register who has made a gender affirmation declaration and provided it to the Registrar may apply to the Registrar for a change of that person's registered sex or gender to record current gender, or removal of sex or gender information from the Register.

(2)           The parents of a person under 16 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's sex or gender to record current gender or removal of sex or gender information from the Register.

(3)       An application for registration of a change or deletion of the sex or gender information of a person under 16 years may be made by one parent if –

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

(b)          the applicant is the sole guardian of the person; or

(c)          there is no other surviving parent of the person; or

(d)          a magistrate approves the proposed change of gender under subsection (4).

(4)       A magistrate may, on application by a parent of a person under 16 years, approve a proposed:

(a)          change of registered sex to current gender; or

(b)          change of registered gender; or

(c)          removal of sex or gender information;

for the person if satisfied that the change is in accordance with the person's will and preferences.

(5)       For the purposes of subsection (4), the will and preferences of the person are to be ascertained by the Magistrate from the person’s gender affirmation declaration or by the Magistrate asking the person.

28D.       Application to be accompanied by documents

An application under section 28A or section 28C is to be accompanied by –

(a)          for a person aged 16 years or over, a gender affirmation declaration; or

(b)          from a parent or guardian for a person aged under 16 years:

(i)           an application in a form approved by the Registrar; and

(ii)          where the person is able to make a gender affirmation declaration, that gender affirmation declaration;

(c)          any other document or information that the Registrar reasonably requires, but the Registrar must not require any form of medical certificates or other medical documentation relating to sex or gender.

28E.        Registration of inclusion or change of gender information

(1)              On receipt of an application under section 28A or section 28C, the Registrar must –

(a)          ensure gender information is collected under section 50; or

(b)          register the change of registered sex or gender to the current gender by making an entry of the change in the Register; or

(c)          refuse to register the change.

(2)              Should the Registrar refuse the application under paragraph (1)(c), the reason for refusal must be documented, and the decision may subsequently be –

(a)          reconsidered by the Registrar; or

(b)          reviewed by a magistrate under section 53;

on receipt of a request for review from the applicant.

(3)                             In determining whether or not to note the particulars of a change of gender, the Registrar may require the person or persons who signed the application to provide further particulars as the Registrar reasonably requires, other than those excluded under section 28D(c).

28F.        Issue of birth certificate after change of gender

(1)       If the sex or gender information registered is changed under this Part in respect of any person, a birth certificate issued by the Registrar for the person is –

(a)          not to show any sex or gender information; or

(b)          at the request of the applicant, to show the person's gender as registered without any notation or indication that the person was previously registered as of another sex or gender unless a request is made under subsection (2).

(2)          If requested by the person whose details are registered, the Registrar may issue an extract from the Register which shows the person's gender as registered with a notation that the person was previously registered as of another sex or gender.

28G.      Issue of birth certificate to those other than the person concerned or a person with parental authority

The child of a person for whom the sex or gender information registered has been changed under this Part, or a prescribed person, may apply to the Registrar, in a form approved by the Registrar clearly stating the reasons for this request, for a birth certificate of the person that shows the person's sex or gender before the change of gender, and if –

(a)              the Registrar is satisfied that there is a valid reason for releasing private information; and

(b)              the Registrar is satisfied that the person is unable to consent to the disclosure due to death or incapacity; and

(c)              there are unlikely to be negative consequences to the person concerned; then –

the Registrar may issue the birth certificate to the child or prescribed person showing the person's sex or gender as previously registered with a notation that the person has been subsequently registered as of another gender.

28H.       Effect of recording of change of gender

(1)           Where a person's change of gender is recorded under this Part, the person is, for the purposes of, but subject to, any law in force in this State, a person of the gender as so changed.

(2)           Any reference to a person’s sex in any law in force in this State is deemed to be a reference to the person’s gender as recorded under this Part.

(3)           A person's change of gender does not affect any relationship of that person arising by consanguinity or by operation of law.

28I.         Recognition of certificates issued outside Tasmania

A person in respect of whom there is a recognition certificate is taken to be, for the purposes of, but subject to, any law in force in this State, a person of the sex or gender stated in the recognition certificate.

28J.        Saving for rights of persons who have changed or deleted their sex or gender information

(1)           A person who is entitled as a beneficiary –

(a) under a will; or

(b) under a trust; or

(c) otherwise by operation of law –

does not, except as may be otherwise provided under the will, the trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that he or she is a person whose change of sex or gender information to record current gender is registered or recognised under this Part.

(2)           Subsection (1) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.

28K.       Historical records to be kept

(1)          Historical records of information changed or removed under this Part are to be maintained in a manner determined by the Registrar.

(2)          Subsection (1) notwithstanding, the Registrar is to ensure that, as far as is practicable, historical records referred to in subsection (1) are recorded and managed in a way that makes it clear that they are not to be taken to be relevant to an individual’s identity.