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This is a Bill, not an Act. For current law, see the Acts databases.
Births, Deaths and Marriages Registration
Amendment Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Principal Act 3
Part 2--Amendment of Births, Deaths and Marriages Registration
Act 1996 4
4 Objects of Act 4
5 Definitions 4
6 Registration of change of name 6
7 Heading to Part 4A substituted 7
8 Sections 30A and 30B substituted and new sections 30BA
and 30BB inserted 7
9 Sections 30C and 30D substituted 12
10 Section 30E substituted and new sections 30EA, 30EB
and 30EC inserted 13
11 Issue of document acknowledging name and sex 19
12 New section 30FA inserted 20
13 New Division 2A of Part 4A inserted 21
14 Effect of alteration of Register, issuing of documents
acknowledging name and sex and interstate recognition
certificates 22
15 Re-issue of interstate birth certificates 22
16 New sections 30J and 30K inserted 23
17 Correction and amendment of Register 24
18 Registrar to provide certain information to Minister 24
19 New section 65 inserted 24
20 Statute law revision 25
Part 3--Consequential amendment of other Acts 26
Division 1--Amendment of Children, Youth and Families Act 2005 26
21 Delegation 26
22 Definitions 26
23 Definitions 27
i
Clause Page
24 Applications for change of name by or on behalf of a detainee 27
25 New Division 4A of Part 5.8 inserted 27
Division 2--Amendment of Corrections Act 1986 30
26 Definitions 30
27 Definitions 30
28 Applications for change of name by or on behalf of a prisoner 31
29 New Division 6 of Part 6 inserted 31
30 New Division 6A of Part 8 inserted 34
Division 3--Amendment of Serious Offenders Act 2018 36
31 Definitions 36
32 Definitions 37
33 Applications for change of name by or on behalf of an
offender 37
34 New Part 17A inserted 38
Division 4--Amendment of Sex Offenders Registration Act 2004 40
35 Definitions 40
36 Definitions 41
37 New Part 5C inserted 41
Part 4--Repeal of this Act 45
38 Repeal of this Act 45
═════════════
Endnotes 46
1 General information 46
ii
Births, Deaths and Marriages
Registration Amendment Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Births, Deaths and Marriages
Registration Act 1996--
(i) to provide for applications to alter a
record of sex in a birth registration to a
sex descriptor nominated by an
applicant; and
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Part 1--Preliminary
(ii) to provide for the issuing of a document
acknowledging the name and sex of a
person who is aged 18 years or over
and whose birth is registered in a place
other than Victoria; and
(iii) to remove the requirement that a person
has undergone sex affirmation surgery
in respect of applications to alter a
record of sex in a birth registration or
for the issuing of a document
acknowledging name and sex; and
(iv) to provide for alteration of the record of
a child's sex in a child's birth
registration; and
(v) to provide for the issuing of a document
acknowledging the name and sex of a
child whose birth is registered in a
place other than Victoria; and
(vi) to provide for the requirements in
respect of applications to the Registrar
to alter the record of a person's sex in a
birth registration or for the issuing of a
document acknowledging name and sex
by restricted persons; and
(vii) to further provide for the disclosure of
information by the Registrar; and
(viii) to make other minor and consequential
amendments; and
(b) to consequentially amend the Children,
Youth and Families Act 2005, the
Corrections Act 1986, the Serious
Offenders Act 2018 and the Sex Offenders
Registration Act 2004.
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No. of 2019
Part 1--Preliminary
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 May 2020, it comes into
operation on that day.
3 Principal Act
In this Act, the Births, Deaths and Marriages
Registration Act 1996 is called the Principal Act.
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Part 2--Amendment of Births, Deaths and Marriages Registration Act 1996
Part 2--Amendment of Births, Deaths and
Marriages Registration Act 1996
4 Objects of Act
In section 3 of the Principal Act--
(a) for paragraph (ca) substitute--
"(ca) the alteration of the record of sex in a
birth registration; and";
(b) for paragraph (ea) substitute--
"(ea) the issue of documents acknowledging
the name and sex of persons whose
birth is registered in a place other than
Victoria; and".
5 Definitions
In section 4(1) of the Principal Act--
(a) for the definition of interstate recognition
certificate substitute--
"interstate recognition certificate means a
current certificate identifying a person
as being of a particular sex that is
issued under a law of another State that
relates to the recognition of a person's
sex;";
(b) for the definition of registrable event
substitute--
"registrable event means--
(a) a birth; or
(b) a change of name; or
(c) an alteration of the record of sex
in a birth registration; or
(d) a death; or
(e) a marriage; or
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(f) an adoption; or
(g) a surrogacy arrangement;";
(c) in the definition of sex affirmation surgery,
for "the opposite" substitute "a particular";
(d) insert the following definitions--
"acknowledgement of sex application means
an application by or on behalf of a
restricted person under section 30A,
30B, 30E or 30EA;
approval means a decision approving the
making of an acknowledgement of sex
application given by--
(a) the Secretary under section 488Q
of the Children, Youth and
Families Act 2005; or
(b) the Secretary under section 47P of
the Corrections Act 1986; or
(c) the Adult Parole Board under
section 79HD of the Corrections
Act 1986; or
(d) the Post Sentence Authority under
section 265D of the Serious
Offenders Act 2018; or
(e) the Chief Commissioner of
Police under section 70S of the
Sex Offenders Registration
Act 2004;
Justice Secretary means the Secretary to the
Department of Justice and Community
Safety;
prohibited sex descriptor means a sex
descriptor--
(a) that is obscene or offensive; or
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(b) that could not practicably be
established by repute or usage--
(i) because it is too long; or
(ii) because it consists of or
includes symbols without
phonetic significance; or
(iii) for some other reason;
restricted person means a person who is--
(a) a detainee within the meaning of
section 482A of the Children,
Youth and Families Act 2005; or
(b) a prisoner within the meaning of
section 3(1) of the Corrections
Act 1986; or
(c) a prisoner on parole within the
meaning of section 79HA of the
Corrections Act 1986; or
(d) an offender within the meaning
of section 265A of the Serious
Offenders Act 2018; or
(e) a registrable offender within
the meaning of section 3(1) of the
Sex Offenders Registration
Act 2004;
sex descriptor includes--
(a) male; or
(b) female; or
(c) any other sex;".
6 Registration of change of name
In section 28(2) of the Principal Act, after "court"
insert "(including a court of another State or the
Commonwealth)".
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7 Heading to Part 4A substituted
For the heading to Part 4A of the Principal Act
substitute--
"Part 4A--Acknowledgement of
sex".
8 Sections 30A and 30B substituted and new
sections 30BA and 30BB inserted
For sections 30A and 30B of the Principal Act
substitute--
"30A Application to alter record of sex in
person's birth registration
(1) A person who is aged 18 years or over may
apply to the Registrar for the record of the
person's sex in the person's birth registration
to be altered if--
(a) the person's birth is registered in
Victoria; and
(b) the person believes the person's sex to
be as nominated in the application; and
(c) the record of the person's sex has not
been altered within the 12 months
preceding the date of making the
application.
(2) The applicant must nominate a sex descriptor
in the application.
(3) The application must--
(a) be in the form approved by the
Registrar; and
(b) include a statutory declaration made by
the applicant that addresses the
requirements of subsection (1); and
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(c) be accompanied by--
(i) a supporting statement in
accordance with subsection (4);
and
(ii) the prescribed fee (if any); and
(iii) any other documents or
information reasonably required
by the Registrar.
(4) A supporting statement must--
(a) be in the form approved by the
Registrar; and
(b) be made by a person who is aged
18 years or over and who has known
the applicant for at least 12 months; and
(c) state that the person making the
supporting statement--
(i) believes that the applicant makes
the application to alter the record
of the sex of the applicant in good
faith; and
(ii) supports the application.
30B Application to alter record of sex in
child's birth registration
(1) Subject to section 30BA, the parents of a
child may apply to the Registrar for the
record of the child's sex in the child's birth
registration to be altered if--
(a) the child's birth is registered in
Victoria; and
(b) the child consents to the alteration of
the record of the child's sex to the sex
descriptor nominated in the application;
and
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(c) the parents believe on reasonable
grounds that the alteration of the record
of the child's sex is in the best interests
of the child; and
(d) the record of the child's sex has not
been altered within the 12 months
preceding the date of making the
application.
(2) The applicants must nominate a sex
descriptor in the application.
(3) The application must--
(a) be in the form approved by the
Registrar; and
(b) include a statutory declaration made by
each of the applicants addressing the
requirements of subsection (1); and
(c) be accompanied by--
(i) a supporting statement in
accordance with subsection (4),
unless the Court has made an
order under section 30BB(3); and
(ii) the prescribed fee (if any); and
(iii) any other documents or
information reasonably required
by the Registrar.
(4) A supporting statement must--
(a) be in the form approved by the
Registrar; and
(b) be made by a relevant person; and
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(c) state that the relevant person is of the
opinion that--
(i) the alteration of the record of the
child's sex is in the best interests
of the child; and
(ii) if the child is under 16 years of
age, the child has capacity to
consent to the alteration of the
record of the child's sex.
(5) In this section, relevant person means--
(a) a doctor; or
(b) a person registered under the Health
Practitioner Regulation National Law to
practise in the psychology profession
(other than as a student); or
(c) a person who is a member of a
prescribed class of persons.
30BA Application made by one parent or
guardian to alter record of sex in child's
birth registration
(1) An application under section 30B for the
alteration of the record of a child's sex in the
child's birth registration may be made by one
parent if--
(a) the applicant is the sole parent named
in the registration of the child's birth
under this Act; or
(b) there is no other surviving parent of the
child; or
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(c) the Court makes an order under
section 30BB(3) approving the
alteration of the record of the child's
sex.
(2) An application under section 30B for the
alteration of the record of a child's sex in the
child's birth registration may be made by the
child's guardian if--
(a) the parents of the child are dead,
cannot be found or for some other
reason cannot exercise their parental
responsibilities in relation to the child;
or
(b) the Court makes an order under
section 30BB(3) approving the
alteration of the record of the child's
sex.
30BB Court order approving alteration of
record of sex in child's birth registration
(1) A parent of a child may apply to the Court
for an order to approve the alteration of the
record of the child's sex in the child's birth
registration.
(2) A child's guardian may make an application
under subsection (1) if the parents of the
child are dead, cannot be found or for some
other reason cannot exercise their parental
responsibilities in relation to the child.
(3) The Court may make an order approving the
alteration of the record of the child's sex in
the child's birth registration if the Court is
satisfied that the alteration is in the child's
best interests.".
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9 Sections 30C and 30D substituted
For sections 30C and 30D of the Principal Act
substitute--
"30C Alteration of Register
(1) The Registrar must determine an application
made under section 30A by altering the
record of the person's sex in the person's
birth registration or by refusing to do so.
(2) The Registrar must determine an application
made under section 30B by altering the
record of the child's sex in the child's birth
registration or by refusing to do so.
(3) Before determining an application made
under section 30A or 30B, the Registrar may
require the applicant to provide any further
information or documentation that the
Registrar considers necessary, including
evidence to establish to the Registrar's
satisfaction--
(a) the identity and age of the person or
the child whose record of sex is to be
altered; and
(b) that the alteration of the record of sex
is not sought for a fraudulent or other
improper purpose.
(4) The Registrar may alter the record of a
person's sex in the person's birth registration
or a child's sex in the child's birth registration
if the Registrar is satisfied that--
(a) a court (including a court of another
State or the Commonwealth) has
ordered that the sex recorded in the
person's birth registration or the child's
birth registration be altered; or
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(b) the record of the person's sex or the
child's sex has been altered under
another law.
(5) The Registrar may refuse to alter the record
of a person's sex in the person's birth
registration or a child's sex in the child's birth
registration if the alteration would result in
the recorded sex being a prohibited sex
descriptor.
30D Issue of new birth certificate
After the record of a person's sex in the
person's birth registration or a child's sex in
the child's birth registration is altered, any
certificate issued by the Registrar concerning
that birth registration--
(a) must state the person's sex or the child's
sex in accordance with the record as
altered; and
(b) must not state that the record of the
person's sex or the child's sex has been
altered; and
(c) must not state the person's former name
or the child's former name (if any).".
10 Section 30E substituted and new sections 30EA,
30EB and 30EC inserted
For section 30E of the Principal Act substitute--
"30E Application for document acknowledging
name and sex
(1) A person who is aged 18 years or over may
apply to the Registrar for a document that
acknowledges the person's name and sex if--
(a) the person's birth is registered in a place
other than Victoria; and
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(b) the person's principal place of residence
is, and has been for at least 12 months,
in Victoria; and
(c) the person believes the person's sex to
be as nominated in the application; and
(d) a document acknowledging the person's
name and sex has not been issued by
the Registrar within the 12 months
preceding the date of making the
application.
(2) The applicant must nominate a sex descriptor
in the application.
(3) A person must not make an application under
subsection (1) for the issue of a document to
acknowledge a name that is not the name of
the person.
Note
See Part 4 for making an application to change a
person's name.
(4) The application must--
(a) be in the form approved by the
Registrar; and
(b) include a statutory declaration made
by the applicant that addresses the
requirements of subsection (1); and
(c) be accompanied by either--
(i) a supporting statement in
accordance with subsection (5); or
(ii) an interstate recognition certificate
(if any) issued to the applicant;
and
(d) be accompanied by the prescribed fee
(if any); and
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(e) be accompanied by any other
documents or information reasonably
required by the Registrar.
(5) A supporting statement must--
(a) be in the form approved by the
Registrar; and
(b) be made by a person who is aged
18 years or over and who has known
the applicant for at least 12 months; and
(c) state that the person making the
supporting statement--
(i) believes that the applicant makes
the application for a document
that acknowledges the applicant's
name and sex in good faith; and
(ii) supports the application.
30EA Application for document acknowledging
child's name and sex
(1) Subject to section 30EB, the parents of a
child may apply to the Registrar for a
document that acknowledges the child's
name and sex if--
(a) the child's birth is registered in a place
other than Victoria; and
(b) the child's principal place of residence
is, and has been for at least 12 months,
in Victoria, unless--
(i) subsection (6) applies; or
(ii) the grounds under subsection (7)
are met; and
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(c) the child consents to the
acknowledgement of the child's sex
as the sex descriptor nominated in
the application; and
(d) the parents believe on reasonable
grounds that a document
acknowledging the child's name
and sex is in the best interests of the
child; and
(e) a document acknowledging the child's
name and sex has not been issued by
the Registrar within the 12 months
preceding the date of making the
application.
(2) The applicants must nominate a sex
descriptor in the application.
(3) The applicants must not make an application
under subsection (1) for the issue of a
document to acknowledge a name that is not
the name of the child.
Note
See Part 4 for making an application to change a
child's name.
(4) The application must--
(a) be in the form approved by the
Registrar; and
(b) include a statutory declaration made by
each of the applicants addressing the
requirements of subsection (1); and
(c) be accompanied by--
(i) a supporting statement in
accordance with subsection (5),
unless the Court has made an
order under section 30EC(3); or
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(ii) an interstate recognition certificate
(if any) issued to the child; and
(d) be accompanied by the prescribed fee
(if any); and
(e) be accompanied by any other
documents or information reasonably
required by the Registrar.
(5) A supporting statement must--
(a) be in the form approved by the
Registrar; and
(b) be made by a relevant person; and
(c) state that the relevant person is of the
opinion that--
(i) the application for a document
that acknowledges the child's
name and sex is in the best
interests of the child; and
(ii) if the child is under 16 years of
age, the child has capacity to
consent to the acknowledgment
of the child's name and sex.
(6) The 12-month requirement under
subsection (1)(b) is waived if the Court
has made an order under section 30EC(3).
(7) The Registrar may waive the 12-month
requirement under subsection (1)(b) if the
Registrar is satisfied that the document
acknowledging the child's name and sex is
sought for the purpose of protection of the
child.
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(8) In this section, relevant person means--
(a) a doctor; or
(b) a person registered under the Health
Practitioner Regulation National Law to
practise in the psychology profession
(other than as a student); or
(c) a person who is a member of a
prescribed class of persons.
30EB Application made by one parent or
guardian for document acknowledging
child's name and sex
(1) An application under section 30EA to the
Registrar for a document that acknowledges
a child's name and sex may be made by one
parent if--
(a) the applicant is the sole parent named
in the registration of the child's birth; or
(b) there is no other surviving parent of the
child; or
(c) the Court makes an order under
section 30EC(3) that the Registrar issue
a document that acknowledges the
child's name and sex.
(2) An application under section 30EA to the
Registrar for a document that acknowledges
a child's name and sex may be made by the
child's guardian if--
(a) the parents of the child are dead,
cannot be found or for some other
reason cannot exercise their parental
responsibilities in relation to the child;
or
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(b) the Court makes an order under
section 30EC(3) that the Registrar issue
a document that acknowledges the
child's name and sex.
30EC Court order for issue of document
acknowledging child's name and sex
(1) A parent of a child may apply to the Court
for an order that the Registrar issue a
document acknowledging the name and
sex of the child under section 30F(1A).
(2) A guardian of a child may make an
application under subsection (1) if the
parents of the child are dead, cannot be
found or for some other reason cannot
exercise their parental responsibilities in
relation to the child.
(3) The Court may make an order that the
Registrar issue a document acknowledging
the child's name and sex if satisfied that the
issuing of the document under section
30F(1A) is in the child's best interests.".
11 Issue of document acknowledging name and sex
(1) In the heading to section 30F of the Principal Act,
for "identity" substitute "name and sex".
(2) In section 30F(1) of the Principal Act, after
"application" insert "made".
(3) After section 30F(1) of the Principal Act insert--
"(1A) The Registrar must determine an application
made under section 30EA by issuing a
document acknowledging the child's name
and sex or refusing to do so.".
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(4) In section 30F(2) of the Principal Act, for
"the application" substitute "an application made
under section 30E or 30EA".
(5) In section 30F(3) of the Principal Act, after
"the applicant's" insert "or the child's".
(6) For section 30F(4) of the Principal Act
substitute--
"(4) If the Registrar considers it appropriate to do
so, the Registrar may include in the
document any other information concerning
the applicant's birth or the child's birth that
the applicant has requested (in writing) be
included.".
(7) After section 30F(5) of the Principal Act insert--
"(6) The Registrar may refuse to issue a
document acknowledging the name and sex
of a person or a child if that document would
acknowledge a prohibited sex descriptor.".
12 New section 30FA inserted
After section 30F of the Principal Act insert--
"30FA Notification to registering authority of
issuing of document acknowledging name
and sex
If the Registrar issues a document under
section 30F(1) in respect of a person whose
birth is registered under a corresponding law
or under section 30F(1A) in respect of a
child whose birth is registered under a
corresponding law, the Registrar must notify
the relevant registering authority of the name
and sex acknowledged in the document.".
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13 New Division 2A of Part 4A inserted
After Division 2 of Part 4A of the Principal Act
insert--
"Division 2A--Acknowledgement of sex
applications--detainees, prisoners,
prisoners on parole, offenders and
registrable offenders
30FB Acknowledgement of sex application
accompanied by approval
In addition to the requirements of
section 30A, 30B, 30E or 30EA, an
acknowledgement of sex application
made to the Registrar must be accompanied
by the appropriate approval.
30FC Determination of acknowledgement of sex
application
(1) If the Registrar is satisfied that an
acknowledgement of sex application is
accompanied by the appropriate approval,
the application must be determined in
accordance with section 30C or 30F (as the
case requires).
(2) The Registrar must give a copy of any
refusal of an acknowledgement of sex
application under section 30C or 30F to the
person or body which gave the approval that
accompanied the application.
30FD Notification that acknowledgement of sex
application not accompanied by approval
If an acknowledgement of sex application is
not accompanied by the appropriate
approval, the Registrar must notify the
relevant person or body whose approval was
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required of the failure to provide that
approval by--
(a) the restricted person; or
(b) the person who applied on the restricted
person's behalf.".
14 Effect of alteration of Register, issuing of documents
acknowledging name and sex and interstate
recognition certificates
(1) In the heading to section 30G of the Principal Act,
after "Register" insert ", issuing of documents
acknowledging name and sex".
(2) After section 30G(1) of the Principal Act insert--
"(1A) If the record of a child's sex in the child's
birth registration is altered under this Part,
the child is a child of the sex as altered.
(1B) If a document is issued under section 30F(1)
acknowledging a person's name and sex, the
person is a person of the sex stated in the
document.
(1C) If a document is issued under section
30F(1A) acknowledging a child's name and
sex, the child is a child of the sex stated in
the document.".
(3) After section 30G(2) of the Principal Act insert--
"(2A) If an interstate recognition certificate is
issued to a child, the child is a child of the
sex stated in the certificate.".
(4) In section 30G(3) of the Principal Act, for
"and (2)" substitute ", (1A), (1B), (1C), (2)
and (2A)".
15 Re-issue of interstate birth certificates
In section 30H(a) of the Principal Act omit
"or a Territory".
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16 New sections 30J and 30K inserted
After section 30I of the Principal Act insert--
"30J Registrar to disclose alterations of record
of sex or issuing of document
acknowledging name and sex
(1) This section applies if the Registrar has been
notified of the details of a person by the
Justice Secretary--
(a) under section 47M of the Corrections
Act 1986; or
(b) under section 79H of the Corrections
Act 1986; or
(c) under section 264 of the Serious
Offenders Act 2018.
(2) As soon as practicable after altering the
record of a person's sex in the person's
birth registration or issuing a document
acknowledging the person's name and sex,
the Registrar must give the Justice Secretary
written notice of the alteration of the record
of the person's sex or the issuing of a
document acknowledging the name and
sex of the person.
(3) A notice under subsection (2) must include
information about all alterations made to the
record of the person's sex in the person's
birth registration or all documents issued
acknowledging the name and sex of the
person.
30K Registrar to disclose alterations to record
of sex on request of Secretary
If a request is made under section 47R of the
Corrections Act 1986, the Registrar must
disclose to the Justice Secretary information
about--
23
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 2--Amendment of Births, Deaths and Marriages Registration Act 1996
(a) all alterations made to the record of a
person's sex in the person's birth
registration; or
(b) all documents issued acknowledging
the name and sex of the person.".
17 Correction and amendment of Register
In section 43(5) of the Principal Act, for
"addition" substitute "addition, alteration or
deletion".
18 Registrar to provide certain information to Minister
In section 56(b) of the Principal Act--
(a) omit "altered the Register under section 30C,
or";
(b) for "30F," substitute "30F".
19 New section 65 inserted
After section 64 of the Principal Act insert--
"65 Transitional provision--Births, Deaths
and Marriages Registration Amendment
Act 2019
(1) This section applies if--
(a) an application has been made under
section 30A or 30E before the
substitution of each section by the
Births, Deaths and Marriages
Registration Amendment Act 2019;
and
(b) the Registrar has not determined the
application before that substitution.
(2) Subject to this section, despite the
amendments made by the Births, Deaths
and Marriages Registration Amendment
Act 2019, the application is to be determined
in accordance with Part 4A of this Act as if
24
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 2--Amendment of Births, Deaths and Marriages Registration Act 1996
that Part had not been amended by the
Births, Deaths and Marriages
Registration Amendment Act 2019.
(3) Before the Registrar determines an
application made under section 30A or 30E
to which this section applies the Registrar
may ask the applicant to nominate a sex
descriptor.
(4) The Registrar may refuse to alter the record
of the applicant's sex in the applicant's birth
registration if the alteration would result in
the recorded sex being a prohibited sex
descriptor.
(5) The Registrar may refuse to issue a
document acknowledging the name and sex
of the applicant if that document would
acknowledge a prohibited sex descriptor.".
20 Statute law revision
In section 4(1) of the Principal Act, in the
definition of VARTA, for "2008;" substitute
"2008.".
25
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
Part 3--Consequential amendment of other
Acts
Division 1--Amendment of Children, Youth and
Families Act 2005
21 Delegation
After section 17(1)(fa) of the Children, Youth
and Families Act 2005 insert--
"(fb) the power to approve under section 488Q
the making of an acknowledgement of sex
application; and".
22 Definitions
In section 482A of the Children, Youth and
Families Act 2005 insert the following
definitions--
"acknowledgement of sex application means an
application--
(a) under section 30A, 30B, 30E or 30EA
of the Births, Deaths and Marriages
Registration Act 1996; or
(b) under a corresponding section referred
to in paragraph (a) of an equivalent law
of another State or a Territory;
Registrar means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law
of another State or a Territory for the
registration of births, deaths and
marriages;
26
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
Victorian Registrar means the Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration
Act 1996;".
23 Definitions
In section 488I of the Children, Youth and
Families Act 2005--
(a) in the definition of detainee, for "centre;"
substitute "centre.";
(b) the definition of Victorian Registrar is
repealed.
24 Applications for change of name by or on behalf of a
detainee
Section 488J(3) of the Children, Youth and
Families Act 2005 is repealed.
25 New Division 4A of Part 5.8 inserted
After Division 4 of Part 5.8 of the Children,
Youth and Families Act 2005 insert--
"Division 4A--Approval of making of
acknowledgement of sex applications by
detainees
488O Offence to make acknowledgement of sex
application without approval
(1) A detainee must not make an
acknowledgement of sex application to a
Registrar without having first obtained the
written approval of the Secretary.
Penalty: 5 penalty units.
27
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) A person must not make an
acknowledgement of sex application to a
Registrar on behalf of a detainee unless the
written approval of the Secretary is first
obtained.
Penalty: 5 penalty units.
(3) A person must not make an
acknowledgement of sex application on
behalf of a detainee who is under the age of
18 years to a Registrar unless the written
approval of the Secretary is first obtained.
Penalty: 5 penalty units.
Note
For the definition of detainee, see section 482A.
488P Application by detainee or other person
for approval of Secretary
A detainee or other person who intends to
make an acknowledgement of sex
application may apply to the Secretary for
approval of the making of the
acknowledgement of sex application by the
detainee or the person.
488Q Approval by Secretary of the making of
acknowledgement of sex application
(1) Subject to subsection (2), on an application
under section 488P, the Secretary may
approve the making of an acknowledgement
of sex application if the Secretary is satisfied
that the alteration of the record of sex or the
issuing of a document acknowledging name
and sex is in all the circumstances
reasonable.
28
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) The Secretary must not approve the making
of an acknowledgement of sex application if
the Secretary is satisfied that the alteration of
the record of sex or the issuing of a
document acknowledging name and sex
would be reasonably likely--
(a) to be a threat to the security of a youth
residential centre or youth justice
centre; or
(b) to jeopardise the safe custody or
welfare of any detainees; or
(c) to be used to further an unlawful
activity or purpose; or
(d) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community.
488R Copy of approval or refusal of Secretary
(1) If the Secretary approves the making of an
acknowledgement of sex application, the
Secretary as soon as practicable must give a
copy of the approval to--
(a) the person who sought the approval;
and
(b) the Victorian Registrar.
(2) If the Secretary refuses to approve the
making of an acknowledgement of sex
application, the Secretary must give a copy
of that refusal to the person who sought the
approval.".
29
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
Division 2--Amendment of Corrections Act 1986
26 Definitions
In section 3(1) of the Corrections Act 1986
insert the following definitions--
"acknowledgement of sex application means an
application--
(a) under section 30A or 30E of the Births,
Deaths and Marriages Registration
Act 1996; or
(b) under a corresponding section referred
to in paragraph (a) of an equivalent law
of another State or a Territory;
Registrar means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
marriages;
Victorian Registrar means the Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration
Act 1996;".
27 Definitions
In section 47G of the Corrections Act 1986--
(a) in paragraph (b) of the definition of change
of name application, for "prisoner;"
substitute "prisoner.";
(b) the definition of Victorian Registrar is
repealed.
30
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
28 Applications for change of name by or on behalf of a
prisoner
Section 47H(3) of the Corrections Act 1986 is
repealed.
29 New Division 6 of Part 6 inserted
After Division 5 of Part 6 of the Corrections
Act 1986 insert--
"Division 6--Approval of making of
acknowledgement of sex applications--
prisoners
47N Offence to make acknowledgement of sex
application without approval
(1) A prisoner must not make an
acknowledgement of sex application to a
Registrar without having first obtained the
written approval of the Secretary.
Penalty: 5 penalty units.
(2) A person must not make an
acknowledgement of sex application to a
Registrar on behalf of a prisoner unless the
written approval of the Secretary is first
obtained.
Penalty: 5 penalty units.
47O Application by prisoner or other person
for approval of Secretary
A prisoner or other person who intends to
make an acknowledgement of sex
application may apply to the Secretary for
approval of the making of the
acknowledgement of sex application by the
prisoner or the person.
31
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
47P Approval by Secretary of the making of
acknowledgement of sex application
(1) Subject to subsection (2), on an application
under section 47O, the Secretary may
approve the making of an acknowledgement
of sex application if the Secretary is satisfied
that the alteration of the record of sex or the
issuing of a document acknowledging name
and sex is, in all the circumstances,
necessary or reasonable.
(2) The Secretary must not approve the making
of an acknowledgement of sex application if
the Secretary is satisfied that the alteration of
the record of sex or the issuing of a
document acknowledging name and sex
would be reasonably likely--
(a) to be a threat to prison security; or
(b) to jeopardise the safe custody or
welfare of any prisoners; or
(c) to be used to further an unlawful
activity or purpose; or
(d) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community.
47Q Copy of approval or refusal of Secretary
(1) If the Secretary approves the making of an
acknowledgement of sex application, the
Secretary as soon as practicable must give a
copy of the approval to--
(a) the person who sought the approval;
and
(b) the Victorian Registrar.
32
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) If the Secretary refuses to approve the
making of an acknowledgement of sex
application, the Secretary must give a copy
of that refusal to the person who sought the
approval.
Note
See section 47M for information shared between the
Secretary and the Victorian Registrar.
47R Request for information from the
Victorian Registrar
(1) The Secretary may--
(a) request the Victorian Registrar to give
the Secretary information concerning--
(i) all of the alterations of the record
of a prisoner's sex in the prisoner's
birth registration; or
(ii) all of the documents issued
acknowledging the name and sex
of a prisoner; and
(b) for the purpose of that request, give the
Victorian Registrar any information
concerning the prisoner that is
necessary to conduct a search of the
birth registration of the prisoner or for
documents issued acknowledging the
name and sex of the prisoner.
(2) The Secretary must not make a request
under subsection (1) unless the request is
reasonably necessary to receive information
in respect of a prisoner for--
(a) the administration of Corrections
legislation as defined in section 104ZX;
or
(b) the purpose of the provision of services
related to the health of the prisoner.".
33
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
30 New Division 6A of Part 8 inserted
After Division 6 of Part 8 of the Corrections
Act 1986 insert--
"Division 6A--Approval of making of
acknowledgement of sex applications--
prisoners on parole
79HA Definition
In this Division--
prisoner on parole means a prisoner released
on parole that is not subsequently
cancelled or deemed to have been
cancelled.
79HB Offence to make acknowledgement of sex
application without approval
(1) A prisoner on parole must not make an
acknowledgement of sex application to a
Registrar without having first obtained the
written approval of the Board.
Penalty: 5 penalty units.
(2) A person must not make an
acknowledgement of sex application to a
Registrar on behalf of a prisoner on parole
unless the written approval of the Board is
first obtained.
Penalty: 5 penalty units.
79HC Application by prisoner on parole or other
person for approval of Board
A prisoner on parole or other person who
intends to make an acknowledgement
of sex application may apply to the
Board for approval of the making of the
acknowledgement of sex application by
the prisoner on parole or the person.
34
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
79HD Approval by Board of the making of
acknowledgement of sex application
(1) Subject to subsection (2), on an application
under section 79HC, the Board may approve
the making of an acknowledgement of sex
application if the Board is satisfied that the
alteration of the record of sex or the issuing
of a document acknowledging name and sex
is, in all the circumstances, necessary or
reasonable.
(2) The Board must not approve the making of
an acknowledgement of sex application if the
Board is satisfied that the alteration of the
record of sex or the issuing of a document
acknowledging name and sex would be
reasonably likely--
(a) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community; or
(b) to be used to evade or hinder
supervision of the prisoner on parole
during the parole period.
79HE Copy of approval or refusal of Board
(1) If the Board approves the making of an
acknowledgement of sex application, the
Board as soon as practicable must give a
copy of the approval to--
(a) the person who sought the approval;
and
(b) the Victorian Registrar; and
(c) the Secretary.
35
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) If the Board refuses to approve the making
of an acknowledgement of sex application,
the Board must give a copy of that refusal
to--
(a) the person who sought the approval;
and
(b) the Secretary.
Note
See section 79H for information shared between the
Secretary and the Victorian Registrar.
79HF Lapse of application on cancellation of
parole
An acknowledgement of sex application by
or on behalf of a prisoner on parole lapses
if--
(a) the prisoner's parole is cancelled or
taken to be cancelled under section 77;
and
(b) the Victorian Registrar has not
registered the alteration of the record
of sex or issued the document
acknowledging name and sex before
that cancellation.".
Division 3--Amendment of Serious Offenders
Act 2018
31 Definitions
In section 3 of the Serious Offenders Act 2018
insert the following definitions--
"acknowledgement of sex application means an
application--
(a) under section 30A or 30E of the Births,
Deaths and Marriages Registration
Act 1996; or
36
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(b) under a corresponding section referred
to in paragraph (a) of an equivalent law
of another State or a Territory;
Registrar means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
marriages;
Victorian Registrar means the Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration
Act 1996;".
32 Definitions
In section 258 of the Serious Offenders
Act 2018--
(a) in the definition of offender, for "order;"
substitute "order.";
(b) the definition of Victorian Registrar is
repealed.
33 Applications for change of name by or on behalf of
an offender
Section 259(1) of the Serious Offenders
Act 2018 is repealed.
37
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
34 New Part 17A inserted
After Part 17 of the Serious Offenders Act 2018
insert--
"Part 17A--Approval of making of
acknowledgement of sex
applications--offenders
265A Definition
In this Part--
offender means an offender who is subject
to a supervision order or an interim
supervision order.
265B Offence to make acknowledgement of sex
application without approval
(1) An offender must not make an
acknowledgement of sex application to a
Registrar without having first obtained the
written approval of the Authority.
Penalty: 5 penalty units.
(2) A person must not make an
acknowledgement of sex application to a
Registrar on behalf of an offender unless the
written approval of the Authority is first
obtained.
Penalty: 5 penalty units.
265C Application by offender or other person
for approval of Authority
An offender or other person who intends to
make an acknowledgement of sex
application may apply to the Authority for
approval of the making of the
acknowledgement of sex application by the
offender or the person.
38
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
265D Approval by Authority of the making of
acknowledgement of sex application
(1) Subject to subsection (2), on an
application under section 265C, the
Authority may approve the making of an
acknowledgement of sex application if the
Authority is satisfied that the alteration of the
record of sex or the issuing of a document
acknowledging name and sex is, in all the
circumstances, necessary or reasonable.
(2) The Authority must not approve the making
of an acknowledgement of sex application if
the Authority is satisfied that the alteration of
the record of sex or the issuing of a
document acknowledging name and sex
would be reasonably likely--
(a) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community; or
(b) to be used to evade or hinder
supervision of the offender during the
period of the supervision order or the
interim supervision order.
265E Copy of approval or refusal of Authority
(1) If the Authority approves the making of an
acknowledgement of sex application, the
Authority as soon as practicable must give a
copy of the approval to--
(a) the person who sought the approval;
and
(b) the Victorian Registrar; and
(c) the Secretary.
39
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) If the Authority refuses to approve the
making of an acknowledgement of sex
application, the Authority must give a copy
of that refusal to--
(a) the person who sought the approval;
and
(b) the Secretary.
Note
See section 264 for information shared between the
Secretary and the Victorian Registrar.".
Division 4--Amendment of Sex Offenders
Registration Act 2004
35 Definitions
In section 3(1) of the Sex Offenders Registration
Act 2004--
(a) in the definition of sworn IBAC Officer, for
"2011." substitute "2011;";
(b) insert the following definitions--
"acknowledgement of sex application means
an application--
(a) under section 30A or 30E of the
Births, Deaths and Marriages
Registration Act 1996; or
(b) under a corresponding section
referred to in paragraph (a) of an
equivalent law of another State or
a Territory;
40
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
Registrar means--
(a) the Victorian Registrar; or
(b) an authority responsible under a
law of another State or a Territory
for the registration of births,
deaths and marriages;
Victorian Registrar means the Registrar
of Births, Deaths and Marriages under
the Births, Deaths and Marriages
Registration Act 1996.".
36 Definitions
In section 70B of the Sex Offenders Registration
Act 2004--
(a) in the definition of Interstate Registrar, for
"marriages;" substitute "marriages.";
(b) the definition of Victorian Registrar is
repealed.
37 New Part 5C inserted
Before Part 6 of the Sex Offenders Registration
Act 2004 insert--
"Part 5C--Approval of making of
acknowledgement of sex
applications--registrable offenders
70Q Offence to make acknowledgement of sex
application without approval
(1) A registrable offender must not make an
acknowledgement of sex application to a
Registrar without having first obtained the
written approval of the Chief Commissioner
of Police.
Penalty: 5 penalty units.
41
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(2) A person must not make an
acknowledgement of sex application to a
Registrar on behalf of a registrable offender
unless the written approval of the Chief
Commissioner of Police is first obtained.
Penalty: 5 penalty units.
70R Application by registrable offender or
other person for approval of Chief
Commissioner of Police
A registrable offender or other person who
intends to make an acknowledgement of
sex application may apply to the Chief
Commissioner of Police for approval of the
making of the acknowledgement of sex
application by the registrable offender or the
person.
70S Approval by Chief Commissioner of
Police of the making of acknowledgement
of sex application
(1) Subject to subsection (2), on an application
under section 70R, the Chief Commissioner
of Police may approve the making of an
acknowledgement of sex application if the
Chief Commissioner of Police is satisfied
that the alteration of the record of sex or the
issuing of a document acknowledging name
and sex is, in all the circumstances,
necessary or reasonable.
(2) The Chief Commissioner of Police must not
approve the making of an acknowledgement
of sex application if the Chief Commissioner
of Police is satisfied that the alteration of the
record of sex or the issuing of a document
acknowledging name and sex would be
reasonably likely--
42
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(a) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community; or
(b) to frustrate the administration of this
Act in respect of the registrable
offender.
70T Copy of approval or refusal of Chief
Commissioner of Police
(1) If the Chief Commissioner of Police
approves the making of an acknowledgement
of sex application, the Chief Commissioner
of Police as soon as practicable must give a
copy of the approval to--
(a) the person who sought the approval;
and
(b) the Victorian Registrar.
(2) If the Chief Commissioner of Police refuses
to approve the making of an
acknowledgement of sex application the
Chief Commissioner of Police must give a
copy of that refusal to--
(a) the person who sought the approval;
and
(b) the Secretary.
Note
See section 70I for information shared between the
Secretary or the Chief Commissioner of Police and the
Victorian Registrar.
70U Lapse of application where registrable
offender ceases to be a registrable
offender
An acknowledgement of sex application by
or on behalf of a registrable offender lapses
if--
43
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 3--Consequential amendment of other Acts
(a) the registrable offender ceases to be a
registrable offender; and
(b) the Victorian Registrar has not
registered the alteration of the record
of sex or issued the document
acknowledging name and sex before
the registrable offender ceases to be a
registrable offender.
70V Registrable offender who is also subject to
a supervision or detention order
(1) This section applies to a registrable offender
who is also subject to a supervision order, an
interim supervision order, a detention order,
an interim detention order or an emergency
detention order within the meaning of the
Serious Offenders Act 2018.
(2) Despite this Part, an application by or on
behalf of a registrable offender to whom this
section applies for the appropriate approval
to make an acknowledgement of sex
application must be made under and in
accordance with Part 17A of the Serious
Offenders Act 2018.
70W Registrable offender who is also a
prisoner on parole
Despite this Part, an application for
the appropriate approval to make an
acknowledgement of sex application by or
on behalf of a registrable offender who is
also a prisoner on parole within the meaning
of Division 6A of Part 8 of the Corrections
Act 1986 must be made in accordance with
Division 6A of Part 8 of the Corrections
Act 1986.".
44
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Part 4--Repeal of this Act
Part 4--Repeal of this Act
38 Repeal of this Act
This Act is repealed on 1 May 2021.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
45
Births, Deaths and Marriages Registration Amendment Act 2019
No. of 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Births, Deaths and Marriages Registration Act 1996 to provide for a
person to alter the record of a person's sex in the person's birth
registration and to further provide for the issuing of a document
acknowledging a person's name and sex, to make consequential
amendments to the Children, Youth and Families Act 2005, the
Corrections Act 1986, the Serious Offenders Act 2018 and the
Sex Offenders Registration Act 2004 and for other purposes."
By Authority. Government Printer for the State of Victoria.
46
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