❓ Hon Ben Dawkins questions the Attorney General regarding the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Bill 2024, specifically why certain recommendations from the Law Reform Commission were not included. The Attorney General defends the government's balanced approach.
AnsweredQoN 842Legislative Council
Asked
13 August 2024
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
BIRTHS, DEATHS AND
MARRIAGES REGISTRATION AMENDMENT(SEX OR GENDER CHANGES) BILL 2024
842. Hon BEN DAWKINS to the parliamentary secretary
representing the Attorney General:
I refer to Hon Matthew Swinbourn's
second reading speech on the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Bill 2024 in May
and note his reliance on the recommendations of the Law Reform
Commission of Western Australia's review of the legislation, tabled in
2018.
(1) Can the
Attorney General explain why, in constructing the bill, he chose to ignore
recommendation 5 of the Law Reform Commission's report that sex
classification be removed from birth certificates?
(2) In the current bill, why has the Attorney General
ignored the Law Reform Commission's recommendation 5, that it is
preferable to avoid conflating information about a person's sex
assigned at birth with information about a person's gender identity,
which cannot be known at birth and only becomes apparent at a later time when
the child is able to form their own gender identity?
(3) Can the
Attorney General explain why he failed to include in this bill, the definitions
of ''sex'' and ''gender'' used in the Law Reform
Commission's report?
MARRIAGES REGISTRATION AMENDMENT(SEX OR GENDER CHANGES) BILL 2024
842. Hon BEN DAWKINS to the parliamentary secretary
representing the Attorney General:
I refer to Hon Matthew Swinbourn's
second reading speech on the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Bill 2024 in May
and note his reliance on the recommendations of the Law Reform
Commission of Western Australia's review of the legislation, tabled in
2018.
(1) Can the
Attorney General explain why, in constructing the bill, he chose to ignore
recommendation 5 of the Law Reform Commission's report that sex
classification be removed from birth certificates?
(2) In the current bill, why has the Attorney General
ignored the Law Reform Commission's recommendation 5, that it is
preferable to avoid conflating information about a person's sex
assigned at birth with information about a person's gender identity,
which cannot be known at birth and only becomes apparent at a later time when
the child is able to form their own gender identity?
(3) Can the
Attorney General explain why he failed to include in this bill, the definitions
of ''sex'' and ''gender'' used in the Law Reform
Commission's report?
AnswerView source ↗
The following answer has been provided
to me by the Attorney General.
(1)–(2) The
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes)
Bill 2024 represents a significant step
forward for gender recognition in Western Australia and towards a more
respectful and inclusive approach to gender diversity. In recognition of the
significance of the changes being made, the government has taken a balanced
approach to the drafting of the bill and has not accepted recommendation 5 of
the Law Reform Commission of Western Australia's Project 108: Final
report .
(3) The terms ''sex''
and ''gender'' are undefined in the Births, Deaths and Marriages
Registration Amendment (Sex or Gender Changes) Bill 2024. Defining these terms
is not necessary for the operation of the new administrative process to change
sex or gender classifications.
to me by the Attorney General.
(1)–(2) The
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes)
Bill 2024 represents a significant step
forward for gender recognition in Western Australia and towards a more
respectful and inclusive approach to gender diversity. In recognition of the
significance of the changes being made, the government has taken a balanced
approach to the drafting of the bill and has not accepted recommendation 5 of
the Law Reform Commission of Western Australia's Project 108: Final
report .
(3) The terms ''sex''
and ''gender'' are undefined in the Births, Deaths and Marriages
Registration Amendment (Sex or Gender Changes) Bill 2024. Defining these terms
is not necessary for the operation of the new administrative process to change
sex or gender classifications.
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