Births, Deaths and Marriages Registration Amendment Bill 2018
Plain English Summary
Overview
This bill removes the requirement for transgender people to be unmarried before updating their birth certificate to reflect their sex reassignment. The change follows the introduction of federal marriage equality, which made the old restriction unnecessary.
Who it affects
Married transgender people can now update their birth records without having to divorce first. This removes a significant barrier that forced people to choose between their marriage and having accurate identity documents.
Key changes
- Married people can now have sex reassignment noted on their birth certificate
- No longer need to provide evidence of being unmarried when applying
- Applications already lodged but not decided will be assessed under the new rules
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee7 Mar 2018View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over six weeks, receiving 10 submissions and holding a public hearing. All submitters supported the bill. The committee unanimously recommended the bill be passed, recognising that removing the requirement for married transgender people to divorce before updating their registered sex would have a significant positive impact for members of the LGBTIQ community.
Key findings (5)
- All 10 submitters unanimously supported the bill, including the Anti-Discrimination Commission Queensland, the Human Rights Law Centre, and the LGBTI Legal Service.
- The bill was consequential to Commonwealth marriage equality legislation, which from 9 December 2018 would remove legal protections for state registry officers who refused to note sex reassignment for married persons.
- Under the existing law, married transgender people were forced to choose between legal recognition of their gender and legal recognition of their marriage, with divorce effectively requiring perjury if the relationship was harmonious.
- Several stakeholders described the amendment as the minimum necessary reform and called for broader changes to the Births, Deaths and Marriages Registration Act, which the Government was already reviewing separately.
- The committee found no issues with fundamental legislative principles and considered the explanatory notes sufficient.
Recommendations (1)
- The committee recommends the Births, Deaths and Marriages Registration Amendment Bill 2018 be passed.
Committee report tabled
▸Second Reading17 May 2018View Hansard
That the bill be now read a second time
Party VoteVote to advance the Births, Deaths and Marriages Registration Amendment Bill, which removes the requirement for transgender people to divorce before updating their birth certificate. Passed on the voices without a recorded division, with bipartisan support.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸12 members spoke11 support1 mixed
Continued his earlier speech as committee chair, citing submissions from Rainbow Rights Watch and the Human Rights Law Centre about the unjust impact of the divorce requirement on gender diverse Queenslanders.
“The committee supports the amendments proposed by this bill. We recognised the unanimous support of submitters for the bill and we recognised that a small amendment to section 22 of the Births, Deaths and Marriages Registration Act will have a significant positive impact for members of the LGBTIQ community.”— 2018-06-13View Hansard
As Attorney-General, moved the second reading and championed the bill as removing unjust discrimination against the transgender community, noting it was brought forward at the first opportunity after the Marriage Act was changed.
“Whilst in size the bill itself is not significant, the Palaszczuk government completely understands how very important the removal of those seven words are to the gender-diverse community.”— 2018-05-17View Hansard
Supported the bill as a sensible and necessary action to ensure consistency with Commonwealth law, but stated he did not support broader calls for non-binary gender assignments or allowing gender changes without reassignment surgery.
“I also support this bill in its current form. It is a sensible and necessary action to ensure that the law of the state of Queensland is consistent with the ultimately overriding law of the Commonwealth.”— 2018-06-13View Hansard
Indicated the LNP would not oppose the legislation, describing it as a necessary flow-on requirement from changes to the Commonwealth Marriage Act, while expressing concern about the government's broader discussion paper on gender recognition.
“The LNP will not oppose this legislation. The LNP firmly believe that all members of our community deserve to be treated equally and with dignity and respect.”— 2018-05-17View Hansard
Spoke in favour, emphasising the bill would move Queensland closer to less discrimination and greater equality, sharing the story of constituent Roz Dickson who was married for 28 years but could not update her birth certificate.
“No-one should have to choose between being recognised for who they are and being married to the person they love.”— 2018-06-13View Hansard
As committee chair, spoke in support and recommended members vote in favour, noting all submissions supported the bill.
“I rise in the House to speak in support of the Births, Deaths and Marriages Registration Amendment Bill 2018.”— 2018-05-17View Hansard
As a committee member, confirmed the LNP would not oppose the bill but urged the government to focus on more pressing issues, and expressed opposition to broader proposals in the government's discussion paper on gender recognition.
“As a party for all Queenslanders, the LNP is committed to ensuring that all Queenslanders are treated equally and given the level of respect and dignity they deserve.”— 2018-06-13View Hansard
Spoke in support as a committee member, acknowledging the personal story of constituent Roz Dickson and arguing that even if few people were affected, discrimination in legislation must be changed.
“All Queenslanders are created equal; not some, not most—all. That is what this amendment bill establishes and seeks to do.”— 2018-06-13View Hansard
Supported the bill as ensuring equal rights for sex and gender diverse Queenslanders, noting it would bring Queensland law into line with Commonwealth marriage law.
“No longer will applicants have to be married to have their reassigned gender noted on the births register or the adopted children register.”— 2018-06-13View Hansard
Spoke in support, describing the bill as helping decades of outdated marriage law catch up with modern Australian notions of marriage and fairness for transgender Queenslanders.
“This legislation will update the Births, Deaths and Marriages Act so that transgender Queenslanders will no longer need to get a divorce to have their gender recognised. That is only fair.”— 2018-06-13View Hansard
Supported the bill as a vital step in the right direction but argued it fell short by still requiring reassignment surgery and not allowing non-binary gender markers, calling for further amendments.
“I commend the government for having taken this step without any further delay, but I note that the bill falls short of what we should be doing to ensure that all people have the right to independence, self-determination, freedom from stigma and discrimination.”— 2018-06-13View Hansard
In reply, thanked members for their contributions, expressed disappointment that some LNP members had diminished their support by raising political correctness concerns, and emphasised the bill was brought forward because it was the right thing to do.
“This bill would have been brought forward a long time ago if we could have done so. The only reason we were not able to act on this discriminatory term in this state legislation was the Marriage Act.”— 2018-06-13View Hansard
▸Third Reading13 June 2018View Hansard
That the bill be now read a third time
Party VoteFinal passage vote for the Births, Deaths and Marriages Registration Amendment Bill. Passed on the voices without a recorded division.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Assent date: 18 June 2018