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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Gender Reassignment Amendment Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Gender Reassignment Act 2000 amended 3. Act amended 3 4. Long title replaced 3 5. Section 3 amended 3 6. Part 2 deleted 4 7. Part 3 heading replaced 4 Part 3 -- Recognition orders 8. Section 14 replaced 4 14. Applications for recognition orders 4 15A. Hearing of application 5 9. Section 15 amended 5 10. Section 16 replaced 7 16. Effect of recognition order or equivalent certificate 7 11. Section 17 amended 7 12. Section 19 amended 8 13. Section 20 amended 8 14. Sections 21 to 23 replaced 9 21. Confidentiality of personal information 9 15. Section 25 amended 10 16. Sections 26 to 29 replaced 10 26. Regulations 10 17. Part 5 inserted 10 Part 5 -- Transitional matters 27. Terms used 10 121--1 page i Gender Reassignment Amendment Bill 2015 Contents 28. Former Board abolished 11 29. Final report 11 18. Schedules 1 and 2 deleted 11 Part 3 -- Consequential amendments to other Acts 19. Constitution Acts Amendment Act 1899 amended 12 20. Equal Opportunity Act 1984 amended 12 page ii Western Australia LEGISLATIVE COUNCIL Gender Reassignment Amendment Bill 2015 A Bill for An Act -- • to amend the Gender Reassignment Act 2000 to abolish the Gender Reassignment Board of Western Australia and confer on the State Administrative Tribunal jurisdiction to make recognition orders; and • to amend the Constitution Acts Amendment Act 1899 and the Equal Opportunity Act 1984 as a consequence of this Act. The Parliament of Western Australia enacts as follows: page 1 Gender Reassignment Amendment Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Gender Reassignment Amendment Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Gender Reassignment Amendment Bill 2015 Gender Reassignment Act 2000 amended Part 2 s. 3 1 Part 2 -- Gender Reassignment Act 2000 amended 2 3. Act amended 3 This Part amends the Gender Reassignment Act 2000. 4 4. Long title replaced 5 Delete the long title and insert: 6 7 An Act to allow the reassignment of gender and confer on 8 the State Administrative Tribunal jurisdiction to make 9 recognition orders. 10 11 5. Section 3 amended 12 (1) In section 3 delete the definitions of: 13 Board 14 equivalent certificate 15 president 16 recognition certificate 17 (2) In section 3 insert in alphabetical order: 18 19 certified copy of a recognition order means a copy of a 20 recognition order that the executive officer of the 21 Tribunal has certified to be a true copy; 22 equivalent certificate means -- 23 (a) a recognition certificate; or 24 (b) a certificate issued under a corresponding law 25 that corresponds to a recognition order; 26 recognition certificate means a recognition certificate 27 issued under this Act before the commencement day 28 (as defined in section 27) that identifies a person who 29 has undergone a reassignment procedure as being of 30 the sex to which the person has been reassigned; page 3 Gender Reassignment Amendment Bill 2015 Part 2 Gender Reassignment Act 2000 amended s. 6 1 recognition order means an order made under this Act 2 that identifies a person who has undergone a 3 reassignment procedure as being of the sex to which 4 the person has been reassigned; 5 Tribunal means the State Administrative Tribunal. 6 7 (3) In section 3 in the definition of Registrar delete "1998." and 8 insert: 9 10 1998; 11 12 6. Part 2 deleted 13 Delete Part 2. 14 7. Part 3 heading replaced 15 Delete the heading to Part 3 and insert: 16 17 Part 3 -- Recognition orders 18 19 8. Section 14 replaced 20 Delete section 14 and insert: 21 22 14. Applications for recognition orders 23 (1) Where a person has undergone a reassignment 24 procedure (before or after the commencement of this 25 Act and within the State or elsewhere), application may 26 be made to the Tribunal for a recognition order. page 4 Gender Reassignment Amendment Bill 2015 Gender Reassignment Act 2000 amended Part 2 s. 9 1 (2) An application may be made under this section -- 2 (a) by the person to whom the application relates; 3 or 4 (b) if that person is a child, by that child's 5 guardian. 6 (3) A copy of the application must be served on -- 7 (a) the Minister; and 8 (b) any other person who should, in the Tribunal's 9 opinion, be served with notice of the 10 application. 11 (4) A decision of the Tribunal not to make a recognition 12 order in a proceeding does not preclude a further 13 application to the Tribunal by the applicant based on 14 additional or changed circumstances. 15 15A. Hearing of application 16 (1) A person referred to in section 14(3) who is served 17 with a copy of an application under that provision is 18 entitled to appear at the hearing of the application and 19 to make submissions to the Tribunal. 20 (2) Despite the State Administrative Tribunal Act 2004 21 section 61, the hearing of an application under 22 section 14 must be held in private. 23 24 9. Section 15 amended 25 (1) In section 15(1) delete "Board may issue a recognition 26 certificate" and insert: 27 28 Tribunal may make a recognition order 29 page 5 Gender Reassignment Amendment Bill 2015 Part 2 Gender Reassignment Act 2000 amended s. 9 1 (2) In section 15(1)(b) delete "Board" and insert: 2 3 Tribunal 4 5 (3) In section 15(2) delete "Board may issue a recognition 6 certificate" and insert: 7 8 Tribunal may make a recognition order 9 10 (4) Delete section 15(2)(b) and insert: 11 12 (b) the Tribunal is satisfied that it is in the best 13 interests of the child that the recognition order 14 be made. 15 16 (5) Delete section 15(3) and insert: 17 18 (3) A recognition order cannot be made in respect of a 19 person who is married. 20 (4) As soon as practicable after making a recognition 21 order, the Tribunal is to give the applicant a certified 22 copy of the recognition order. 23 24 Note: The heading to amended section 15 is to read: 25 Making recognition orders page 6 Gender Reassignment Amendment Bill 2015 Gender Reassignment Act 2000 amended Part 2 s. 10 1 10. Section 16 replaced 2 Delete section 16 and insert: 3 4 16. Effect of recognition order or equivalent certificate 5 An equivalent certificate or a certified copy of a 6 recognition order is conclusive evidence that the person 7 to whom it refers -- 8 (a) has undergone a reassignment procedure; and 9 (b) is of the sex stated in the equivalent certificate or 10 the recognition order. 11 12 11. Section 17 amended 13 (1) In section 17(1) delete "a recognition certificate, or an 14 equivalent certificate issued under a corresponding law," and 15 insert: 16 17 an equivalent certificate or a certified copy of a recognition 18 order 19 20 (2) Delete section 17(2). 21 (3) In section 17(3) delete "A certificate" and insert: 22 23 An equivalent certificate or a certified copy of a recognition 24 order 25 26 (4) After section 17(3) insert: 27 28 (4) A person must not make a statement knowing it to be 29 false or misleading in a material respect for the page 7 Gender Reassignment Amendment Bill 2015 Part 2 Gender Reassignment Act 2000 amended s. 12 1 purposes of, or in connection with, an application 2 referred to in subsection (3). 3 Penalty for an offence under this subsection: a fine of 4 $5 000. 5 6 Note: The heading to amended section 17 is to read: 7 Registration of reassignment of gender 8 12. Section 19 amended 9 (1) In section 19(1) delete "recognition certificate if it appears that" 10 and insert: 11 12 recognition order or a recognition certificate if it appears that 13 the order or 14 15 (2) In section 19(2) after "cancelling" insert: 16 17 a recognition order or 18 19 Note: The heading to amended section 19 is to read: 20 Cancellation of orders or certificates obtained by fraud 21 13. Section 20 amended 22 In section 20(5) delete the definition of gender reassigned 23 person and insert: 24 25 gender reassigned person means -- 26 (a) a person in respect of whom a recognition order 27 has been made; or 28 (b) a person who has been issued with an 29 equivalent certificate; 30 page 8 Gender Reassignment Amendment Bill 2015 Gender Reassignment Act 2000 amended Part 2 s. 14 1 14. Sections 21 to 23 replaced 2 Delete sections 21 to 23 and insert: 3 4 21. Confidentiality of personal information 5 (1) In this section -- 6 personal information means information or an 7 opinion, whether true or not, about an individual whose 8 identity is apparent, or can reasonably be ascertained, 9 from the information or opinion; 10 relevant person means -- 11 (a) a person who is, or has been, engaged in the 12 performance of functions under this Act; or 13 (b) an issuing authority under section 20; or 14 (c) a person who is acting, or has acted, on behalf 15 of an issuing authority under section 20. 16 (2) A relevant person must not disclose to any other 17 person, whether directly or indirectly, any personal 18 information obtained by reason of being a relevant 19 person. 20 Penalty: a fine of $5 000. 21 (3) Subsection (2) does not apply to the disclosure of 22 information -- 23 (a) for the purpose of, or in connection with, 24 performing functions under this Act or another 25 written law; or 26 (b) as required or allowed by this Act or another 27 written law; or 28 (c) with the written consent of the person to whom 29 the personal information relates; or 30 (d) in prescribed circumstances. page 9 Gender Reassignment Amendment Bill 2015 Part 2 Gender Reassignment Act 2000 amended s. 15 1 (4) Subsection (2) is in addition to, and does not derogate 2 from, the provisions of the State Administrative 3 Tribunal Act 2004 relating to the disclosure of 4 information and documents. 5 6 15. Section 25 amended 7 In section 25 delete "Board" (each occurrence) and insert: 8 9 Tribunal 10 11 16. Sections 26 to 29 replaced 12 Delete sections 26 to 29 and insert: 13 14 26. Regulations 15 The Governor may make regulations prescribing all 16 matters that are required or permitted by this Act to be 17 prescribed, or are necessary or convenient to be 18 prescribed for giving effect to this Act. 19 20 17. Part 5 inserted 21 At the end of Part 4 insert: 22 23 Part 5 -- Transitional matters 24 27. Terms used 25 In this Part -- 26 commencement day means the day on which the 27 Gender Reassignment Amendment Act 2015 section 6 28 comes into operation; page 10 Gender Reassignment Amendment Bill 2015 Gender Reassignment Act 2000 amended Part 2 s. 18 1 final period means the period beginning on 1 July 2 immediately before the commencement day and ending 3 immediately before the commencement day; 4 former Board means the Gender Reassignment Board 5 of Western Australia established by section 5 of this 6 Act as in force immediately before the commencement 7 day. 8 28. Former Board abolished 9 On the commencement day, the former Board is 10 abolished and its members go out of office. 11 29. Final report 12 (1) The Minister is to appoint a reporting officer to make 13 and submit to him or her, as soon as is reasonably 14 practicable, but in any event not later than 4 months, 15 after the commencement day a report (the final report) 16 on the performance of the former Board's functions 17 during the final period. 18 (2) The Minister must cause copies of the final report to be 19 laid before each House of Parliament within 14 sitting 20 days after the Minister receives it. 21 22 18. Schedules 1 and 2 deleted 23 Delete Schedules 1 and 2. page 11 Gender Reassignment Amendment Bill 2015 Part 3 Consequential amendments to other Acts s. 19 1 Part 3 -- Consequential amendments to other Acts 2 19. Constitution Acts Amendment Act 1899 amended 3 (1) This section amends the Constitution Acts Amendment Act 1899. 4 (2) In Schedule V Part 3 delete the item for The Gender 5 Reassignment Board of Western Australia. 6 20. Equal Opportunity Act 1984 amended 7 (1) This section amends the Equal Opportunity Act 1984. 8 (2) In section 4(1) delete the definition of gender reassigned 9 person and insert: 10 11 gender reassigned person means -- 12 (a) a person in respect of whom a recognition order 13 has been made under the Gender Reassignment 14 Act 2000; or 15 (b) a person who has been issued with an 16 equivalent certificate as defined in that Act; 17 18
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