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Legislative Assembly for the ACT: 2009 Week 13 Hansard (12 November) . . Page.. 5016..


(2) Is the Government willing to implement each of the recommendations of the AHRC report; if not, why not.

Mr Corbell: The answer to the member's question is as follows:

(1) The ACT Government is considering Recommendations 1 to 9 of the Australian Human Rights Commission Report, Sex Files: the legal recognition of sex in documents and government records. I have recently written to the Commonwealth Attorney-General expressing the ACT Government's support of these recommendations and expressing my concern that a significant impediment in the implementation of the Commission's recommendations, particularly Recommendation 1, is the Commonwealth Government's resistance to the full legal and social recognition of civil partnerships.

(2) My Department is considering the Recommendations in the context of the existing legal framework and cross jurisdictional discussions.

Law reform-gender issues

(Question No 317)

Mr Rattenbury asked the Attorney-General, upon notice, on 17 September 2009:

(1) What is the Government's policy on the requirement for sterilizing surgery as a prerequisite to obtaining a legal change of sex.

(2) Does the Government acknowledge possible inconsistencies between existing legislative requirements regarding the legal recognition of sex and provisions of the Human Rights Act and/or the Discrimination Act.

(3) Would the Government consider abolishing a surgical requirement and has the Government considered adopting one of the non-surgical models that exist in other jurisdictions around the world, such as the model set out in the UK Gender Recognition Act which has been in operation since 2004.

(4) Would the Government consider introducing Gender Recognition Certificates as provided for in the UK Gender Recognition Act which has been in place since 2004.

Mr Corbell: The answer to the member's question is as follows:

(1)

The ACT requires a person to have undergone sexual reassignment surgery to alter the register to record a change of sex under the Births Deaths and Marriages Registration Act 1997.

The Government has watched with interest developments in other Australian jurisdictions, in particular Western Australia, in relation to the requirement to undergo sexual reassignment surgery in order to register to record a change of sex, or apply for a gender recognition certificate. Notwithstanding this, in the absence of a comprehensive review of such requirements, Government policy is reflected in the requirements in the Births Deaths and Marriages Registration Act 1997. Should a nationally coordinated review take place, this Government would support such a review, in relation not only to the


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