Tasmanian Greens MPs

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

 Clause 23

             Page 25.

             Leave out all words after "is amended".

             Insert instead "by inserting after subsection (2) the following subsections:

(3)       Subject to subsection (7), information about the sex, or gender, of a person may only be included on a birth certificate if –

(a)        the information is requested by a person who has attained the age of 16 years and who is the person to whom the certificate relates; or

(b)       if the person to whom the certificate relates has not attained the age of 16 years – if the information is requested by a parent or guardian of the person; or

(c)        if the information is requested by an applicant who is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and if the Registrar is satisfied that –

(i)        there is a valid reason for the child or person, respectively, to have access to the information; and

(ii)       the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and

(iii)        there are unlikely to be negative consequences to the person to whom the certificate relates.

(4)       An applicant for a birth certificate in relation to a person must, if there is a registered sex in relation to the person –

(a)        request the Registrar not to include on the birth certificate any reference to sex or gender; or

(b)        request the Registrar to include on the birth certificate the registered sex in relation to the person, without a notation as to each previous registered sex in relation to the person; or

(c)        request the Registrar to include on the birth certificate the registered sex in relation to the person, with a notation as to each previous registered sex in relation to the person.

(5)       An applicant for a birth certificate in relation to a person must, if there is a registered gender in relation to the person –

      (a)        request the Registrar not to include on the birth certificate any reference to the sex or gender of the person; or

(b)        request the Registrar to include on the birth certificate the registered gender in relation to the person, without a notation as to any other sex or gender in relation to the person; or

(c)        request the Registrar to include on the birth certificate the registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.

(6)       If an application is made to the Registrar for a birth certificate in relation to a person and the applicant –

      (a)        has made a request under subsection (4)(a) or (5)(a), the Registrar is not to include on the birth certificate any reference to sex or gender; or

      (b)       has made a request under subsection (4)(b) or (5)(b), the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, without a notation as to any other sex or gender; or

      (c)        has made a request under subsection (4)(c) or (5)(c), the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.

(7)       The Registrar must ensure that, on a birth certificate that is issued, in relation to the birth of a person, in accordance with a request under subsection (4)(b) or (c) or (5)(b) or (c) – 

      (a)        any denotation of the current registered sex or registered gender of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to gender; and

       (b)       any denotation of the previous registered sex, or previous registered gender, of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to the previous registered gender of the person.

(8)       If a change of name is registered under Part 4 in relation to a person, a birth certificate issued in relation to the person is to – 

      (a)        show the name so registered without any notation or indication that there was another name previously registered in relation to the person; or

            (b)       if a request is made to the Registrar under subsection (9) in relation to the person and the Registrar is not prevented under subsection (10) from complying with the request, show the name so registered with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.

(9)       An applicant for a birth certificate in relation to a  person whose change of name is registered under Part 4 may request the Registrar to issue a birth certificate in relation to the person with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.

(10)    If the person making a request under subsection (9) in relation to an application for a birth certificate in relation to a person is not the person to whom the birth certificate relates, the Registrar must not comply with the request unless the applicant is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and the Registrar is satisfied that – 

(a)        there is a valid reason for the child or person, respectively, to have access to the information; and

(b)        the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and

(c)        there are unlikely to be negative consequences to the person to whom the certificate relates.