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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-11-02 Daily Xml
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Bills

Births, Deaths and Marriages Registration (Gender Identity) Amendment Bill

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:41): Introduced a bill for an act to amend the Births, Deaths and Marriages Registration Act 1996. Read a first time.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:41): I move:

That this bill be now read a second time.

On 4 August, the Births, Deaths and Marriages (Gender Identity) Amendment Bill was proudly introduced into this parliament. This bill was the next step in a suite of legislative reforms aimed at removing discrimination experienced by lesbian, gay, bisexual, transgender, intersex or queer (LGBTIQ) South Australians. In particular, this bill sought to provide a simpler, more direct and less invasive process for people to change their registered sex or gender identity on the formal record. This bill was the product of recommendations made by the South Australian Law Reform Institute and the Legislative Review Committee of this parliament.

Unfortunately, on 22 September 2016, the bill was defeated by a vote in this house during its second reading. Despite this, my commitment to LGBTIQ people and removing discrimination remains steadfast. It is to this end that I seek to introduce a revised bill, the Births, Deaths and Marriages Registration (Gender Identity) Amendment Bill 2016, to ensure these reforms are progressed. This revised bill is a result of strong consideration of the diverse views previously expressed by members of this parliament and the broader community.

The revised bill remains predominantly consistent with the earlier bill, but I refer all members to the original speech made when this bill was introduced into the parliament. Unlike the earlier bill, this revised bill features the following amendments:

Magistrates Court approval must now be sought for a child under the age of 18 seeking to register a change of sex or gender identity (previously, it was proposed that magistrate approval was only required for children under the age of 16); and

the requirement that the Registrar of Births, Deaths and Marriages must retain all historical information preceding a change in sex or gender identity on the register in addition to limiting access to this historical information as a privacy protection measure.

It is my hope that the passage of this bill will see vast improvements for South Australians seeking to have their gender identity appropriately recognised by our laws. This recognition is a fundamental step to ensuring their inclusion in their community is validated, valued and secured. I commend this bill to members. I seek to have the explanation of clauses inserted without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Births, Deaths and Marriages Registration Act 1996

4—Amendment of section 3—Objects of Act

The objects of the Act are amended to reflect the scheme for changing sex or gender identity.

5—Amendment of section 4—Definitions

The definition of registrable event is amended to reflect the scheme for changing sex or gender identity.

6—Insertion of Part 4A

New Part 4A is inserted:

Part 4A—Change of sex or gender identity

Division 1—Preliminary

29H—Preliminary

Definitions and an interpretative provision are inserted for the purposes of the measure.

Division 2—Applicants born in South Australia

29I—Application to change sex or gender identity

Persons 18 or older born in the State may apply for registration of a change of their sex or gender identity.

The regulations will recognise kinds of sex or gender identities that may be registered.

29J—Application to change child's sex or gender identity

A parent or guardian of a child under the age of 18 years may apply for registration of a change of the child's sex or gender identity.

29K—Material supporting application

An application must contain evidence from a medical practitioner or psychologist certifying that the person is receiving or has received appropriate clinical treatment in relation to the person's gender identity or specified evidence from another jurisdiction.

29L—Change of sex or gender identity

The Registrar may register a change of sex or gender identity.

29M—Special provision relating to access to Register and issue of extracts and certificates

Provision is made in relation to access to the Register and issue of extracts and certificates from the Register after a person has had a change in their sex or gender identity registered. Historical entries in the register will be maintained but access to those will be strictly limited.

29N—Use of old birth certificate to deceive

An offence is prescribed (in relation to a person whose sex or gender identity has changed) of producing a birth certificate that shows a person's sex or gender identity before the registration of a change to deceive.

Division 3—South Australian residents born outside Australia

29O—Application for identity acknowledgement certificate

Persons 18 or older born outside Australia whose births are not registered in another State or Territory and who are resident here may apply for an identity acknowledgement certificate.

29P—Application for identity acknowledgement certificate in respect of child

A parent or guardian of a child under the age of 18 years born outside Australia whose birth is not registered in another State or Territory and who is resident here may apply for an identity acknowledgement certificate.

29Q—Issue of identity acknowledgement certificate

The Registrar may issue an identity acknowledgement certificate.

29R—Effect of identity acknowledgement certificate

It is provided that a person issued an identity acknowledgement certificate is of the sex or gender identity specified in the identity acknowledgement certificate.

Division 4—General provisions

29S—Registrar may limit number of applications

The Registrar is authorised to determine a limit on the number of applications that may be made in respect of a person under the Part.

The Registrar may refuse to deal with an application in excess of the limit. An appeal against the refusal is provided for.

29T—Entitlement not affected by change of sex or gender identity

A person who has an entitlement under a will, trust or other instrument does not lose the entitlement only because of a change in the person's sex or gender identity or the issue of an identity acknowledgement certificate (unless the will, trust or other instrument otherwise provides).

29U—Change of sex or gender identity—interaction with other laws

An interpretative provision is included to the effect that a person who has changed their sex or gender identity or has been issued an identity acknowledgement certificate under the Part will be taken to have satisfied a requirement under another Act or law that the person provide details of their sex if the person provides details of their sex or gender identity as changed.

Schedule 1—Repeal and transitional provision

1—Repeal of Sexual Reassignment Act 1988

The Sexual Reassignment Act 1988 is repealed.

2—Transitional provision

A provision is included that continues in effect a recognition certificate issued under the Sexual Reassignment Act 1988 before its repeal (so that those certificates may continue to be registered).

Debate adjourned by Mr Pederick.

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