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Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018
Type of vote: Bill (Upper House Amendments) Moved by: Liberals | Wednesday, 10 April 2019 |
Negatived | Supported | Opposed |
Liberals | Greens, Hickey, Labor |
Subject of Debate Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier); |
Original Amendment Clause 21 Page 16, proposed new Part 4A. Leave out the proposed new Part.
Insert instead the following proposed new Part:
Part 4A- Gender Identity 28A. Registration of gender identity (1) A person who has attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.
(2) An application under subsection (1) by a person to have a gender registered in relation to the person – (a) is to be in the approved form; and (b) is to be accompanied by a gender declaration made by the person; and (c) is to be accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.
(3) The parents, or guardians, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person. (4) One of the parents, or a guardian, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person, if – (a) the applicant is the sole parent named in the registration under this Act of the person's birth; or (b) the guardian is the sole guardian of the person; or (c) there is no other surviving parent of the person; or (d) the registration of the gender in relation to the person is approved by a magistrate under section 28B(2)(a).
(5) An application under subsection (3) or (4) to have a gender registered in relation to a person is to be – (a) in the approved form; and (b) accompanied by – (i) if the person is able to make a statutory declaration – a gender declaration made by the person; or (ii) if the person is not able to make a statutory declaration but is able to express the person's will and preference – a statement from each of the applicants stating that the applicant believes on reasonable grounds that the registration of the gender in relation to the person is consistent with the will and preference of the person; and (c) accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.
(6) An application under subsection (1), (3) or (4) to have a gender registered in relation to a person who has not attained the age of 18 years may be accompanied by evidence that – (a) the person has undertaken counselling as to – (i) whether or not the application ought to be made; and (ii) the implications of the registration of the gender in relation to the person; and (b) the counselling was provided by a person, chosen by the applicant, who the applicant considers has suitable qualifications, training or experience to provide such counselling.
(7) An application must not be made under this section in relation to a person within 12 months after a gender has been registered in relation to the person.
28B. Approval by magistrate of registration of gender (1) A parent, or guardian, of a person who has not attained the age of 16 years may apply to a magistrate to approve the registration of a gender, specified in the application, in relation to the person.
(2) A magistrate to whom an application is made under subsection (1) to approve the registration of a gender, specified in the application, in relation to a person may –
(a) approve the registration of the gender in relation to the person; or (b) refuse to approve the registration of the gender in relation to the person.
(3) A magistrate may only approve the registration of a gender in relation to a person if the magistrate –
(a) is satisfied that the registration of the gender in relation to the person is consistent with the will and preference of the person; or (b) is satisfied that the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.
28C. Registration of gender
(1) The Registrar, after receiving an application made under section 28A(1), (3) or (4) for a gender to be registered in relation to a person – (a) must – (i) register the gender as the registered gender in relation to the person by making an entry in the Register specifying the gender to be the registered gender in relation to the person; and (ii) make any other changes to the Register that are necessary to indicate that each previous registered sex, and each previous registered gender, of the person is no longer the registered sex or registered gender in relation to the person; or (b) must refuse to register the gender as the registered gender in relation to the person.
(2) The Registrar may only register under subsection (1) a gender as the registered gender in relation to a person in accordance with an application made under section 28A(3) or (4) if the Registrar is satisfied that –
(a) the gender to be registered in relation to the person is consistent with the will and preference of the person; or (b) the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.
(3) The Registrar may, before determining under subsection (1) an application made under section 28A(1), (3) or (4), require a person who made the application to provide to the Registrar the further documents or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, that relates to the sex, sexual characteristics or gender of the person to whom the application relates.
(4) Despite subsection (3), the Registrar may, before determining under subsection (1) an application made under section 28A(1), (3) or (4) in relation to a person, require the applicant to provide to the Registrar appropriate evidence of counselling of the person, if – (a) the person has not attained the age of 18 years; and (b) the application is not accompanied by evidence under section 28A(6) of counselling being provided by a person who the Registrar considers is a person with suitable qualifications, training or experience to provide such counselling.
(5) For the purposes of subsection (4), appropriate evidence of counselling of the person is evidence that – (a) the person has undertaken counselling as to – (i) whether or not the application to register a gender ought to be made; and (ii) the implications of the registration of the gender in relation to the person; and (b) the counselling was provided by a person, agreed to by the Registrar and the applicant, who the Registrar considers has suitable qualifications, training or experience to provide such counselling.
(6) If the Registrar determines under subsection (1) an application made under 28A(1), (3) or (4) by refusing to register a gender as the registered gender in relation to a person – (a) the Registrar must record the Registrar's reasons for the refusal; and (b) the Registrar must provide, to the person who made the application, the Registrar's reasons for the refusal; and (c) the person who made the application may make an application under section 53 in relation to the decision.
(7) If a gender is registered as the registered gender in relation to a person under subsection (1) – (a) any registered sex that was previously registered in relation to the person ceases to be the registered sex in relation to the person; and (b) any registered gender that was previously registered in relation to the person ceases to be the registered gender in relation to the person.
28D. References to sex and gender (1) If there is a registered gender in relation to a person, the person is, for the purposes of, but subject to, any law in force in this State, a person of that gender.
(2) Subject to subsection (3), a reference to a person's sex in any law in force in this State is taken to be, in relation to a person whose birth is registered in this State, a reference to – (a) the registered sex, if any, in relation to the person; or (b) the registered gender, if any, in relation to the person.
(3) In any law in force in this State – (a) a reference to the pregnancy of a female, female person or woman includes a reference to the pregnancy of a person of another gender; and (b) a reference to the termination, or attempted termination, of a pregnancy of a female, female person or woman includes a reference to the termination, or attempted termination, of a pregnancy of person of another gender; and (c) a reference to the fertilisation of a human egg outside of the body of a woman does not include the fertilisation of a human egg inside of the body of a person of another gender who has a female reproductive tract; and (d) a reference to the mother of a child, or a child of a female or a woman, includes a reference to a person of another gender who carried the child in the person's female reproductive tract, or who gave birth to a child, except – (i) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be such a mother; or (ii) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be the child of such a mother; and (e) an assumption as to the ability of a person to procreate as a female or male is to be determined irrespective of the registered gender of the person.
(4) Despite any other provision of an Act – (a) if a person in respect of whom there is a registered gender requests that a search of the person, that is to be conducted, be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female; and (b) if a police officer asks a person in respect of whom a search is to be conducted whether the person wishes to have the search be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female.
(5) The registration of the registered gender in relation to a person under section 28C(1) does not affect any relationship of that person arising by consanguinity or by operation of law.
(6) 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 otherwise provided under the will, trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that a registered gender in relation to the person has been registered under section 28C(1).
(7) Subsection (6) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.
28E. Recognition of certificates issued outside State A person in respect of whom there is a recognition certificate in force 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, as the case may be, stated in the recognition certificate. |
Amended Bill
Original Bill
All Votes
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing transitional provisions.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing an offence relating to the presentation of birth certificates with intent to deceive.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment removing Section 27(3) from the Principal Act.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment to insert a new section 3A.
Upper House Amendments - 10 Apr 2019 (Passed)
A number of amendments to clause 32.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment to replace "gender" with "sex or gender".
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing provisions relating to the inclusion of sex or gender on a birth certificate.
Upper House Amendments - 10 Apr 2019 (Passed)
Amendment to remove Clause 22.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment replacing Section 4A with another section 4A.
Upper House Amendments - 10 Apr 2019 (Passed)
Amendment to remove Clause 20.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment making a minor terminology change.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment making a minor terminology change.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing mandatory recording of birth sex and prohibiting changing of birth sex except to correct errors.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment replacing a reference to gender with a reference to sex.
Upper House Amendments - 10 Apr 2019 (Passed)
Amendment to omit Clause 14.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing a definition of registered sex.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment introducing a number of additional definitions.
Upper House Amendments - 10 Apr 2019 (Passed)
An amendment replace "the parent" with "the father, mother or parent".
Upper House Amendments - 10 Apr 2019 (Passed)
An amendment replace "the parent" with "the father, mother or parent".
Upper House Amendments - 10 Apr 2019 (Passed)
An amendment containing explicit reference to mother and father before "a parent or a guardian".
Upper House Amendments - 10 Apr 2019 (Passed)
An amendment to remove the commencement date of the day on which this Act receives the Royal Assent.
Upper House Amendments - 10 Apr 2019 (Negatived)
Motion to reject amendment to the title of the bill to include "Gender".
Other - 10 Apr 2019 (Passed)
Vote on the amended question that debate be immediately initiated on legislation returned from the Legislative Council.
Other - 10 Apr 2019 (Passed)
An amendment to initiate immediate debate on legislation on returned from the Legislative Council.
Third Reading - 20 Nov 2018 (Passed)
Bill passed with substantial amendment.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Clause - 20 Nov 2018 (Negatived)
Vote on Clause 13.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Clause - 20 Nov 2018 (Negatived)
Vote on clause 12.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Amendment - 20 Nov 2018 (Passed)
Amendment forming part of a new framework for changing gender on a birth certificate.
Clause - 20 Nov 2018 (Negatived)
Vote on clause 9.
Amendment - 20 Nov 2018 (Passed)
Amendment to introduce new clauses A, B and C which reintroduce protections for transgender people in the Anti-Discrimination Act 1998.
Other - 20 Nov 2018 (Passed)
Motion to extend the scope of potential amendments to the bill to include matters relating to gender.