Discrimination Law (Sex) Amendment Regulation (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 55 Adoption of Children Act 1964 Registration of Births, Deaths and Marriages Act 1962 DISCRIMINATION LAW (SEX) AMENDMENT REGULATION (No. 1) 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—AMENDMENT OF ADOPTION OF CHILDREN REGULATION 1999 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 27A Persons who may apply for certified copy—Act, s 55A . . . . . . . . . . 2 PART 3—AMENDMENT OF REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES REGULATION 1995 5 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 10 (Particulars for extracts (births)). . . . . . . . . . . . . . . . . . 4 7 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3A—CERTIFICATES FROM CLOSED ENTRY 12A Persons who may apply for certificate from entry closed on reregistration—Act, s 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12B Documents and information for application to record change of sex—Act, s 28C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of sch 4 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s4 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Discrimination Law (Sex) Amendment Regulation (No. 1) 2003 . 2 Commencement This regulation commences on 1 April 2003. PART 2—AMENDMENT OF ADOPTION OF CHILDREN REGULATION 1999 3 Regulation amended in pt 2 This part amends the Adoption of Children Regulation 1999 . 4 Insertion of new s 27A Part 5— insert — ‘27A Persons who may apply for certified copy—Act, s 55A ‘ (1) For section 55A(2)(d) of the Act, 1 the following persons are prescribed— (a) if a guardian has been appointed for the relevant person under a law of the State or Commonwealth—the guardian; 1 Section 55A (Certified copy or extract) of the Act

s4 3 s4 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 (b) if an administrator has been appointed under the GuardianshipandAdministrationAct2000, 2 section 14, for the relevant person—the administrator; (c) if a personal representative has been appointed for the relevant person—the personal representative; (d) an officer of or person acting for a law enforcement body; (e) a person who produces an order of a court of the State or Commonwealth requiring the registrar general to accept an application under section 55A(2) of the Act. ‘ (2) A person prescribed under subsection (1)(a) to (c) must, at the time the application is made— (a) produce the instrument of appointment to the registrar general; and (b) show that the certified copy is required to discharge a function under the appointment. ‘ (3) A person prescribed under subsection (1)(d) must, at the time the application is made— (a) produce documentary proof of the person’s identity to the registrar general; and (b) show that the certified copy is required to discharge— (i) a function of the law enforcement body; or (ii) the person’s duty as an officer of the law enforcement body. Example of documentary proof of an officer’s identity — An identity card issued by a law enforcement body, with a photo of the officer, that states the officer’s name, rank and registered number. ‘ (4) If a court order is produced under subsection (1)(e), the registrar general must accept the application. ‘ (5) If a document under subsection (2)(a) is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document. ‘ (6) In this section— 2 Guardianship and Administration Act 2000 , section 14 (Appointment of 1 or more eligible guardians and administrators)

s5 4 s7 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 “law enforcement body” means— (a) the Queensland Police Service or a police service of another State; or (b) the Australian Federal Police; or (c) the Crime and Misconduct Commission; or (d) the Australian Crime Commission. “qualified witness” means— (a) a barrister, solicitor or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace.’. PART 3—AMENDMENT OF REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES REGULATION 1995 5 Regulation amended in pt 3 This part amends the RegistrationofBirths,DeathsandMarriagesRegulation 1995. 6 Amendment of s 10 (Particulars for extracts (births)) Section 10(c)— omit , insert— ‘(c) the child’s sex, date of birth and place of birth; (d) if the child’s birth has been reregistered—a statement to that effect.’. 7 Insertion of new pt 3A After part 3— insert —

s7 5 s7 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 ‘PART 3A—CERTIFICATES FROM CLOSED ENTRY ‘12A Persons who may apply for certificate from entry closed on reregistration—Act, s 22 ‘ (1) For section 22(3F)(d) of the Act, 3 the following persons are prescribed— (a) if a guardian has been appointed for the relevant person under a law of the State or Commonwealth—the guardian; (b) if an administrator has been appointed under the GuardianshipandAdministrationAct2000, 4 section 14, for the relevant person—the administrator; (c) if a personal representative has been appointed for the relevant person—the personal representative; (d) an officer of or person acting for a law enforcement body; (e) a person who produces an order of a court of the State or Commonwealth requiring the registrar general to accept an application under section 22(3F) of the Act. ‘ (2) A person prescribed under subsection (1)(a) to (c) must, at the time the application is made— (a) produce the instrument of appointment to the registrar general; and (b) show that the certificate is required to discharge a function under the appointment. ‘ (3) A person prescribed under subsection (1)(d) must, at the time the application is made— (a) produce documentary proof of the person’s identity to the registrar general; and (b) show that the certificate is required to discharge— (i) a function of the law enforcement body; or 3 Section 22 (Searches and copies) of the Act 4 Guardianship and Administration Act 2000 , section 14 (Appointment of 1 or more eligible guardians and administrators)

s7 6 s7 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 (ii) the person’s duty as an officer of the law enforcement body. Example of documentary proof of an officer’s identity — An identity card issued by a law enforcement body, with a photo of the officer, that states the officer’s name, rank and registered number. ‘ (4) If a court order is produced under subsection (1)(e), the registrar general must accept the application. ‘ (5) If a document under subsection (2)(a) is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document. ‘ (6) In this section— “law enforcement body” means— (a) the Queensland Police Service or a police service of another State; or (b) the Australian Federal Police; or (c) the Crime and Misconduct Commission; or (d) the Australian Crime Commission. “qualified witness” means— (a) a barrister, solicitor or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace. ‘12B Documents and information for application to record change of sex—Act, s 28C ‘ (1) For section 28C of the Act, 5 a statutory declaration 6 must include all of the following— (a) the doctor’s full name and residential address; (b) a statement that the doctor is registered as a medical practitioner in Australia or New Zealand; (c) the doctor’s Medicare provider number, if applicable; 5 Section 28C (Requirements for application) of the Act 6 Oaths Act 1867 , part 4 (Statutory declarations)

s7 7 s7 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 (d) the date the doctor physically examined, or performed the sexual reassignment surgery on, the person who had the sexual reassignment surgery; (e) a statement that the doctor has verified the person’s identity. ‘ (2) For section 28C(1)(b) of the Act, the following information is prescribed in relation to the person who is the subject of the application— (a) the name and any former name of the person; (b) the person’s residential address; (c) the person’s date and place of birth; (d) the person’s name and sex as recorded at birth; (e) the name and, if known, any former name of the person’s mother or father; (f) if the person has been married— (i) the date and place of each marriage; and (ii) the date each marriage was dissolved, if applicable; and (iii) the date of death of the person’s former husband or wife, if applicable. ‘ (3) The information in subsection (2)(a) to (d) and (f)(i) must, if required by the registrar general, be verified by documentation. Examples of documentation for subsection (3) — • a copy of a certificate from a register of births, deaths or marriages • a copy of a deed poll. ‘ (4) The information in subsection (2)(f)(ii) or (iii) must be verified by documentation. Examples of documentation for subsection (4) — • a copy of the decree of the court • a copy of a certificate from a register of deaths or marriages • a copy of a deed poll. ‘ (5) For section 28C(1)(b) of the Act, the following documents are prescribed in relation to the person who is the subject of the application— (a) at least 3 documents verifying the person’s identity; (b) photographic identification, if requested by the registrar general;

s8 8 s8 Discrimination Law (Sex) Amendment Regulation No. 55, 2003 (No. 1) 2003 Examples of photographic identification — • driver licence • passport. (c) if the recognition certificate under section 28C(1)(a)(ii) of the Actdoes not state that the person has undergone sexual reassignment surgery, statutory declarations by 2 doctors that— (i) verify that the person has undergone sexual reassignment surgery; and (ii) comply with subsection (1). ‘ (6) If a document under subsection (5)(a) is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document. ‘ (7) In this section— “qualified witness” means— (a) a barrister, solicitor or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace.’. 8 Amendment of sch 4 (Fees) Schedule 4, items 12 to 16— omit , insert — ‘ 12. Registration of name given after registration of birth or adoption under section 28(1) of the Act. . . . . . . . . . . . . . 12.50 13. Noting change of name under section 28(4) of the Act . . 23.50 14. Noting change of entry of child’s surname under section 28A(2), (3) or (4) of the Act. . . . . . . . . . . . . . . . . . . . . . . 44.00 15. Noting a change of sex and reregistration of birth or adoption under section 29B of the Act. . . . . . . . . . . . . . . 67.50 16. Reregistration of birth or adoption under section 29C of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00 17. Correction of an entry under section 42 of the Actif incorrect information was given to the registrar . . . . . . . 12.50’.

9 Discrimination Law (Sex) Amendment Regulation (No. 1) 2003 No. 55, 2003 ENDNOTES 1. Made by the Governor in Council on 27 March 2003. 2. Notified in the gazette on 28 March 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2003