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Legislative Assembly for the ACT: 1997 Week 14 Hansard (9 December) . . Page.. 4719 ..


MR WOOD (continuing):

One feature of the Bill, of course, is that it provides a recognition where there has been sexual or gender reassignment. A person who has undergone such surgery can have their original birth certificate noted, and subsequent records obtained on the basis of that certificate will show only the new sexual assignment. That is not likely to be a much-used provision, but I know that in some circles it would be welcome. The Opposition supports this Bill.

MR MOORE (12.08): I rise to support these pieces of legislation. I think Mr Wood adequately described what the legislation does, as did the Minister in his introductory speech. I note that Mr Humphries's amendment takes into account a comment from the Scrutiny of Bills Committee for a technical change which just clarifies an issue. I think that is acceptable to me.

MR HUMPHRIES (Attorney-General) (12.09), in reply: I want to thank members for their support for the Bill. I note that this is one of those pieces of legislation which have come forward on the basis of interstate agreement. This reflects a view that there should be reform of the structure of births, deaths and marriages registration around Australia and that, therefore, there need to be some informative provisions. I note that, under the next Bill which we have to deal with - without anticipating debate - such agreements in future would have to be coordinated before being entered into by ACT governments, in most circumstances at least, so as to provide for consensus on the floor of the Assembly before legislation of this kind was agreed to. However, I see that the agreement reached some years ago, I think by the previous Government, to effect these changes has been carried through by the Assembly. I thank members for their support.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail Stage

Bill, by leave, taken as a whole

MR OSBORNE (12.11): Mr Speaker, I intend to attempt to amend this Bill to remove altogether the section which says that the birth register may be changed on application from a person who has undergone a sex-change operation. I do not think I will get a lot of support for this or be correctly interpreted in here or, if anyone is interested, in the media. I certainly expect that the transgender group lobbying the Government and the Opposition will attempt to paint me as an unfeeling barbarian. So be it. But, Mr Speaker, I will attempt to make myself plain. I have no great problem with people who seek a sex-change operation because they may feel that nature has betrayed them. I am not without understanding and believe this must make life for these people extremely difficult. However, I do not believe we should be in the business of altering public records, which we know without doubt to be true, motivated simply by a sense of misplaced sentimentality. Let there be no mistake, Mr Speaker; what we are talking about here is the falsification of government records because the record does not suit a certain group in the community.


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