❓ Hon Nick Goiran asks about the catalyst, consultation process, and concerns raised regarding amendments to regulations related to Births, Deaths and Marriages following the passage of the Sex or Gender Changes Act. The Attorney General provides detailed information on consultations and how concerns were addressed.
AnsweredQoN 314Legislative Council
QuestionView source ↗
I refer to the Attorney General Regulations Amendment (Births, Deaths and Marriages) Regulations 2025 , and I ask: (a) what was the catalyst for bringing about these amendments to the regulations; (b) who was consulted prior to these amendment regulations being finalised; (c) in reference to (b), did any person consulted raise any concerns; (d) if yes to (c), what were these concerns; (e) in reference to (d), have the finalised amendment regulations addressed these concerns; and (f) if no to (e), why not?
AnswerView source ↗
Answered
12 August 2025
Responded by
Parliamentary Secretary to the Attorney General
Response time
5 days
(a) The catalyst was the passage of the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024 (WA). The r egulations support the operation of that Act.
(b) Prior to finalisation, consultation took place with the Registrar of Births, Deaths and Marriages, State Administrative Tribunal, Western Australia Police Force, and the Court and Tribunal Services Division within the Department of Justice.
Consultation also occurred with the following medical bodies, in consultation with the Department of Health: Aboriginal Health Council of WA, Australian Association of Psychologists; Australian Medical Association WA; Australian Psychological Society; Australian Clinical Psychology Association; Australian Professional Association for Trans Health (AusPATH); Alexander Heights Family Practice, Child Adolescent Health Service; Chief Psychiatrist of WA; East Metropolitan Health Service; Mental Health Commission; North Metropolitan Health Service; Royal Australian College of Physicians; Royal Australasian College of Surgeons; Royal Australian and New Zealand College of Psychiatrists; Royal Australian College of General Practitioners; Royal Perth Hospital Gender Diversity Service; Sexual Health Quarters; South Metropolitan Health Service; WA Primary Health Alliance; Western Australian Aids Council (WAACA); and WA Country Health Service.
Consultation also occurred with the Western Australian Commissioner for Children and Young People and the following LGBTIQA+ stakeholder groups: Equality Australia; TransFolk of WA; Just.Equal Australia; Rainbow Futures WA; Youth Affairs Council of WA; GLBTI Rights in Ageing Inc (GRAI); Living Proud; InterAction for Health and Human Rights (formerly Intersex Human Rights Australia and Intersex Peer Support Australia); and the Australian Professional Association for Trans Health (AusPATH).
(c) Yes.
(d) InterAction for Health and Human Rights were concerned with ensuring that the sex or gender classifications prescribed in regulations did not include an ‘Indeterminate/Intersex’ classification.
Concerns were raised by LGBTIQA+ stakeholder groups in relation to the proposed prescribed categories of person or body who can apply to the Registrar of Births, Deaths and Marriages for information about a person’s sex or gender history.
(e) Yes. In response to stakeholder concerns, the sex or gender classifications prescribed in the regulations do not include an ‘Indeterminate/Intersex’ classification, and the determination of the categories of person or body who may apply to the Registrar of Births, Deaths and Marriages for access to a person’s sex or gender history information was informed by the stakeholder feedback.
(f) N/A.
(b) Prior to finalisation, consultation took place with the Registrar of Births, Deaths and Marriages, State Administrative Tribunal, Western Australia Police Force, and the Court and Tribunal Services Division within the Department of Justice.
Consultation also occurred with the following medical bodies, in consultation with the Department of Health: Aboriginal Health Council of WA, Australian Association of Psychologists; Australian Medical Association WA; Australian Psychological Society; Australian Clinical Psychology Association; Australian Professional Association for Trans Health (AusPATH); Alexander Heights Family Practice, Child Adolescent Health Service; Chief Psychiatrist of WA; East Metropolitan Health Service; Mental Health Commission; North Metropolitan Health Service; Royal Australian College of Physicians; Royal Australasian College of Surgeons; Royal Australian and New Zealand College of Psychiatrists; Royal Australian College of General Practitioners; Royal Perth Hospital Gender Diversity Service; Sexual Health Quarters; South Metropolitan Health Service; WA Primary Health Alliance; Western Australian Aids Council (WAACA); and WA Country Health Service.
Consultation also occurred with the Western Australian Commissioner for Children and Young People and the following LGBTIQA+ stakeholder groups: Equality Australia; TransFolk of WA; Just.Equal Australia; Rainbow Futures WA; Youth Affairs Council of WA; GLBTI Rights in Ageing Inc (GRAI); Living Proud; InterAction for Health and Human Rights (formerly Intersex Human Rights Australia and Intersex Peer Support Australia); and the Australian Professional Association for Trans Health (AusPATH).
(c) Yes.
(d) InterAction for Health and Human Rights were concerned with ensuring that the sex or gender classifications prescribed in regulations did not include an ‘Indeterminate/Intersex’ classification.
Concerns were raised by LGBTIQA+ stakeholder groups in relation to the proposed prescribed categories of person or body who can apply to the Registrar of Births, Deaths and Marriages for information about a person’s sex or gender history.
(e) Yes. In response to stakeholder concerns, the sex or gender classifications prescribed in the regulations do not include an ‘Indeterminate/Intersex’ classification, and the determination of the categories of person or body who may apply to the Registrar of Births, Deaths and Marriages for access to a person’s sex or gender history information was informed by the stakeholder feedback.
(f) N/A.
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