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This is a Bill, not an Act. For current law, see the Acts databases.


GENDER REASSIGNMENT AMENDMENT BILL 2015

                     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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