Gender Reassignment Act 2000
Gender Reassignment Regulations 2001
Reprint 1: The regulations as at 11 December 2008
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
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at 11 December 2008 |
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Gender Reassignment Regulations 2001
CONTENTS
1.Citation1
2.Commencement1
3.Corresponding laws1
4.Applications for recognition certificates1
5.Recognition certificate3
6.Fee to accompany application under section 17 for registration of a certificate3
7.Board to advise Registrar3
8.President has casting vote3
Schedule 1 — Forms
Notes
Compilation table10
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Reprinted under the Reprints Act 1984 as |
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at 11 December 2008 |
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Gender Reassignment Act 2000
Gender Reassignment Regulations 2001
These regulations come into operation on the day on which the Gender Reassignment Act 2000 comes into operation 1.
The Sexual Reassignment Act 1988 of
4.Applications for recognition certificates
(1)An application for a recognition certificate is —
(a)to be in the form set out in Form 1 in Schedule 1, or Form 2 of that Schedule if the application relates to a child; and
(b)to be accompanied by —
(i)a fee of $40, unless subregulation (2) applies;
(ii)a statement signed by a medical practitioner that the applicant, or the child the application relates to, has undergone the reassignment procedure;
(iii)any documents relating to where the reassignment procedure was carried out;
(iv)the original, or a certified copy of the birth certificate of the applicant, or the child the application relates to;
(v)the original, or certified copies, of any documents showing proof of residency and length of residency of the applicant, or the child the application relates to;
(vi)if the applicant so wishes, any relevant information regarding the adoption of the lifestyle of a person of the gender to which the applicant, or the child the application relates to, has been reassigned; and
(vii)a statement from any person who has provided counselling in relation to the gender identity of the applicant, or the child the application relates to, signed by that person.
(2)If the Board considers that it is appropriate to do so in relation to a particular application, the Board may waive the fee referred to in subregulation (1)(b)(i).
(3)The Board, or the executive officer referred to in section 11 of the Act, may, by written notice, require an applicant to give to the Board or the executive officer any additional information necessary for a proper consideration of the application.
A recognition certificate is to be in a form approved by the Board.
6.Fee to accompany application under section 17 for registration of a certificate
The fee to accompany an application under section 17(3) of the Act is $30.
The Board is to advise the Registrar referred to in section 5 of the Births, Deaths and Marriages Registration Act 1998 in writing of a decision by the Supreme Court under section 19 or the State Administrative Tribunal on an application made under section 21 of the Act to cancel a recognition certificate.
[Regulation 7 amended in Gazette 30 Dec 2004 p. 7009.]
If the votes cast on a question by the Board are equally divided, the president has a casting vote on the question.
[r. 4]
Form 1
APPLICATION FOR RECOGNITION CERTIFICATE FOR AN ADULT
IMPORTANT NOTICE
Information provided in this application will be treated CONFIDENTIALLY
Personal details of applicant
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Full name |
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Address |
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Date of birth |
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Place of birth |
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Full names of applicant’s parents |
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Reassignment procedure
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I have undergone a reassignment procedure from — |
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Compliance with section 15 of the Gender Reassignment Act 2000
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The reassignment procedure was carried out in this State.
My birth was registered in this State. |
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I am a resident of this State and have been a resident of this State for not less than 12 months. |
Tick the appropriate box or boxes and attach a certified copy of your birth certificate and any other relevant documents, such as — (i)documents relating to where the reassignment procedure was carried out; (ii)the original, or certified copies, of any documents showing proof of residency and length of residency. |
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I believe that my true gender is the gender to which I have been reassigned, as specified in this form. |
Tick box if correct. |
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I have adopted the lifestyle and have the gender characteristics of a person of the gender to which I have been reassigned, as specified in this form. |
Tick box if correct. You may wish to attach any information you consider relevant. |
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I have received counselling in relation to my gender identity. |
Tick box if correct. Please specify details of counselling and attach a statement from the person who provided the counselling. |
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I am married. I am not married. |
[ ] Tick the appropriate box. A recognition certificate cannot be issued to a person who is married. |
Hearing of application
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I wish to attend the hearing of this application. I do not wish to attend the hearing of this application. I wish to appear at the hearing of this application and to make submissions to the Board. |
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[ ] Tick the appropriate box or boxes. |
Declaration by applicant
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I declare that to the best of my knowledge no statement made in this application is false, or misleading in any material respect. Signature Date Name of person signing NOTE: Section 23 of the Gender Reassignment Act 2000 provides that it is an offence for a person to make a statement knowing it to be false or misleading in a material respect for the purposes of, or in connection with, an application. Penalty: $2 000. |
[Form 1 amended in Gazette 14 May 2004 p. 1447.]
Form 2
APPLICATION FOR RECOGNITION CERTIFICATE FOR A CHILD
IMPORTANT NOTICE
Information provided in this application will be treated CONFIDENTIALLY
Personal details of the child the application relates to
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Full name of child |
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Address of child |
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Date of birth |
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Place of birth |
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Full names of child’s parents |
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Personal details of the person making the application
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Name of person making the application |
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Address of person making the application |
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Relationship of person to the child |
This application must be made by the child’s guardian. |
Reassignment procedure
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The child this application relates to has undergone a reassignment procedure from — |
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Compliance with section 15 of the Gender Reassignment Act 2000
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The reassignment procedure was carried out in this State.
The child’s birth was registered in this State.
The child is a resident of this State and has been a resident of this State for not less than 12 months.
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[ ] Tick the appropriate box or boxes and attach a certified copy of the child’s birth certificate and any other relevant documents, such as — (i)documents relating to where the reassignment procedure was carried out; (ii)the original, or certified copies, of any documents showing proof of residency and length of residency. |
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These are the reasons that I believe that it is in the best interests of the child that a recognition certificate is issued in respect of the child. |
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The child is married. The child is not married. |
[ ] [ ] Tick the appropriate box. A recognition certificate cannot be issued to a person who is married. |
Hearing of application
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I wish to, or the child wishes to, attend the hearing of this application.
I do not wish to, or the child does not wish to, attend the hearing of this application.
I wish to, or the child wishes to, appear at the hearing of this application and to make submissions to the Board. |
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[ ] Tick the appropriate box or boxes. |
Declaration by applicant
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I declare that to the best of my knowledge no statement made in this application is false, or misleading in any material respect. Signature Date Name of person signing NOTE: Section 23 of the Gender Reassignment Act 2000 provides that it is an offence for a person to make a statement knowing it to be false or misleading in a material respect for the purposes of, or in connection with, an application. Penalty: $2 000 or imprisonment for 6 months. |
[Form 2 amended in Gazette 25 Oct 2002 p. 5309.]
1This reprint is a compilation as at 11 December 2008 of the Gender Reassignment Regulations 2001 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Gender Reassignment Regulations 2001 |
18 Dec 2001 p. 6507-17 |
19 Dec 2001 (see r. 2 and Gazette 18 Dec 2001 p. 6489) |
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Gender Reassignment Amendment Regulations 2002 |
25 Oct 2002 p. 5309 |
25 Oct 2002 |
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Sentencing Legislation (Short Sentences) Amendment Regulations 2004 r. 6 |
14 May 2004 p. 1445-7 |
15 May 2004 (see r. 2 and Gazette 14 May 2004 p. 1445) |
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Gender Reassignment Amendment Regulations 2004 |
30 Dec 2004 p. 7009 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130) |
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Reprint 1: The Gender Reassignment Regulations 2001 as at 12 Dec 2008 (includes amendments listed above) |
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By Authority: JOHN A. STRIJK, Government Printer