Law Reform Commission of Western Australia
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Review of Western Australian legislation in relation to the recognition of a person's sex, change of sex or intersex status

Project No. 108

Commenced: 2018

Completed: 2018

Terms of Reference

The Law Reform Commission of Western Australia is to review and report on the inconsistencies between Western Australian and Commonwealth legislation in relation to the recognition of a person’s sex, change of sex or intersex status.

In carrying out its review, the Commission should examine and make recommendations as to any legislative reform necessary to the Gender Reassignment Act 2000 (WA) and the Births, Deaths and Marriages Registration Act 1998 (WA) to improve the process by which a person's change of sex or a person's intersex status is recognised by law in Western Australia and any consequential amendments including:

a. whether another category for classification of sex should be introduced and how any new category should be designated;

b. whether the role of the Gender Reassignment Board should be retained, or whether the Registrar of Births, Deaths and Marriages, or another person or body, should have responsibility for registering change of sex or intersex status;

c. what criteria should be used to determine whether a change of sex or intersex status should be registered and what evidence is necessary to establish that criteria;

d. any approval requirements which should apply in relation to applications by children to register change of sex or intersex status, including issues of parental consent, disputes between parents, and whether the child should be required to give informed consent; and

e. any other related matter.

Outcomes

The Final Report was tabled in Parliament on 6 December 2018.

Last updated: 7-Dec-2018

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