Births, Deaths and Marriages Registration Bill 2022

Introduced: 2/12/2022By: Hon S Fentiman MPStatus: PASSED
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Plain English Summary

Overview

This bill repeals and replaces Queensland's births, deaths and marriages registration law. It removes the requirement for surgery to change a person's recorded sex, allows same-sex parents to both use matching titles on birth certificates, streamlines registry services, and strengthens name change fraud prevention. It also adds new anti-discrimination protections for intersex people.

Who it affects

Trans and gender diverse Queenslanders can now update their identity documents without surgery. Same-sex and gender diverse parents can accurately record their parenting roles. Intersex people gain new anti-discrimination protections. All Queenslanders benefit from modernised, more accessible registry services.

Key changes

  • People aged 16 and over can alter their recorded sex through a self-declaration process, without needing surgery — they need a statutory declaration and a supporting statement from someone who has known them for at least 12 months
  • Children under 16 can have their sex record altered through an administrative pathway (with parental consent and a developmentally informed practitioner's assessment) or through the Childrens Court
  • Sex information becomes opt-in on birth certificates — it will only appear if the person requesting the certificate asks for it
  • Parents can be registered as mother, father or parent in any combination, allowing same-sex couples to both be recorded with matching titles
  • Name changes limited to three in a lifetime and once per year for adults, with exceptions for marriage, divorce, domestic violence and gender affirmation
  • 'Sex characteristics' added as a new protected attribute under the Anti-Discrimination Act, and the exemption allowing discrimination based on gender identity in work with children is repealed
  • Parents of children born with variations of sex characteristics have 180 days (instead of 60) to register the birth

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced2 Dec 2022View Hansard
First Reading2 Dec 2022View Hansard
Committee2 Dec 2022 – 13 June 2023View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading13 June 2023 – 14 June 2023View Hansard

That the bill be now read a second time

Vote to advance the Births, Deaths and Marriages Registration Bill 2022, which allows sex changes on birth certificates without surgery. ALP and Greens voted in favour (50); LNP, KAP and one independent voted against (34).

Passed50 ayes – 34 noes2023-06-14

The motion passed.

Show individual votes

Ayes (50)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (34)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
29 members spoke13 support16 oppose
11.26 amMr MANDEROpposes

Opposed the bill on the grounds that it allows sex on birth certificates to be changed without medical procedures and raises concerns about the impact on women's rights and children.

This bill imposes the left's philosophical quest to change the very fabric of our social norms, which have served us well for centuries.2023-06-14View Hansard
11.25 amHon. YM D'ATHSupports

As Attorney-General, moved the second reading and passionately advocated for the bill as landmark reforms strengthening legal recognition of trans and gender-diverse people. Addressed concerns about sex/gender conflation, children's provisions, and safety, citing evidence from other jurisdictions.

Today is a day we celebrate and embrace our trans and gender-diverse community through these landmark reforms.2023-06-13View Hansard
11.36 amMrs McMAHONSupports

Strongly supported the bill as necessary to strengthen legal recognition of trans and gender-diverse people and to better recognise contemporary family and parenting structures.

I stand here to speak in support of our trans community. These people are my friends; they are my family members. These people are my constituents. This is my community.2023-06-14View Hansard
11.49 amMr NICHOLLSOpposes

As shadow Attorney-General, outlined the LNP's position opposing the bill due to concerns about short consultation time, conflation of sex and gender, provisions allowing children under 16 to alter their sex descriptor, and unintended legal consequences. Acknowledged trans people's right to safety while expressing reservations.

While the LNP desires a Queensland where people can feel safe and free from discrimination, regrettably we cannot support this bill in its current form.2023-06-13View Hansard
11.56 amMs BOYDSupports

Wholeheartedly supported the bill and criticised the LNP for dragging out the debate in a divisive way, comparing it to the protracted marriage equality process.

This is a bill that I wholeheartedly support. I want to be very clear about that to my community, particularly those who rely upon the reforms in this legislation just as much as those who vocally oppose it.2023-06-14View Hansard
12.19 pmMr RUSSOSupports

Supported the bill, highlighting the committee's recommendation to pass it and sharing a story from author Craig Silvey about a distressed transgender teen encountered on a bridge, emphasising the high rates of anxiety, self-harm and suicide among trans young people.

Craig's research highlighted the high incidence of pressures, anxiety and self-harm reported by young vulnerable members of the trans and gender-diverse communities.2023-06-13View Hansard
2.00 pmMs SIMPSONOpposes

Opposed the bill, raising concerns about the impact on women's rights and safety, particularly regarding access to women-only spaces, and argued the consultation period was too short.

I have heard members of the government who support this legislation say it is important not to label people and they have then turned around and labelled opponents of this bill as extremists or fringe.2023-06-14View Hansard
12.24 pmMs CAMMOpposes

Opposed the bill while acknowledging the importance of recognising trans and gender-diverse people. Raised concerns about inadequate consultation with women's groups, the conflation of sex and gender, and the bill's provisions for children. Expressed her personal view that sex is an immutable biological fact.

A female, by definition, is an adult female human being. I do not apologise for saying that. That is my personal view. It is a definition found not just in the dictionary; it is defined in science and in biology.2023-06-13View Hansard
2.10 pmMr McCALLUMSupports

Supported the bill as modernising Queensland's registration services and promoting diversity and equality, noting significant operational and social changes since 2004.

At its core, this bill is about two things: firstly, it is about ensuring that Queensland's registration services remain relevant, responsive and contemporary by modernising its practices; and secondly, it is about allowing our registration services here in our great state to better recognise our diverse community.2023-06-14View Hansard
12.34 pmMs BUSHSupports

Strongly supported the bill, rebutting concerns about women's safety, children's welfare, and rushed consultation. Cited evidence that trans young people report depression at 10 times the rate of the general youth population and that 40 per cent of trans people do not feel safe on the street.

I do not accept the opinion that male sexual predators will start to live their life as a woman, will dress and identify as a woman for 12 months, will make an application, including a statutory declaration to BDM that they identify as a woman and include a supporting statement made by an adult who has known them for at least a year, so that they can access a women's bathroom to perpetrate crimes against other women.2023-06-13View Hansard
2.26 pmMs KINGSupports

Supported the bill as landmark legislation that would allow trans and gender-diverse Queenslanders to update their gender on birth certificates without surgery.

I rise to support the Births, Deaths and Marriages Registration Bill, landmark legislation based on respect and recognition for diverse Queenslanders.2023-06-14View Hansard
12.42 pmMr KRAUSEOpposes

Opposed the bill, arguing it removes the objective nature of the births registry by introducing subjective elements, creates uncertainty in other areas of law including women's sport and police search powers, and suffers from inadequate community consultation.

This bill removes that objectivity and introduces a subjective element to that public record for the first time.2023-06-13View Hansard
2.31 pmMrs GERBEROpposes

Opposed the bill while affirming the LNP stands against discrimination, raising concerns about inadequate consultation, impacts on women's spaces and parental rights regarding children under 16.

From the outset, I and my LNP colleagues stand for a Queensland that is free from discrimination and a Queensland where respect flourishes and all people are valued. Any and all vilification of discrimination against trans people is completely unacceptable.2023-06-14View Hansard
12.52 pmMs McMILLANSupports

Supported the bill drawing on her experience as a school administrator, sharing how the current birth certificate requirements caused distress for transgender students. Cited the Citipointe Christian College enrolment contract controversy as an example of discrimination.

I strongly believe that gender exists on a continuum: at one end is female and at one end is male and we all—every single member of this House—lie somewhere on that continuum.2023-06-13View Hansard
2.40 pmMr SMITHSupports

Supported the bill after meeting with trans constituents who shared their lived experiences and the difficulties of their journeys.

I also want to thank our good friends in Rainbow Labor who have advocated for this for so long, and what a wonderful day this will be for so many of those proud activists and proud members of our great party.2023-06-14View Hansard
2.45 pmMr KNUTHOpposes

Opposed the bill, arguing the government should focus on more pressing issues like housing, cost of living and health, and objecting to allowing gender identity changes on birth certificates.

I start by stating that I do not agree with and nor will I be supporting this bill.2023-06-14View Hansard
2.51 pmMr WHITINGSupports

Proudly supported the bill and questioned why the LNP was obsessed with controlling how women and gender are defined.

I proudly stand to support the Births, Deaths and Marriages Registration Bill 2022 before us today.2023-06-14View Hansard
3.08 pmMr HUNTSupports

Supported the bill, drawing a connection between anti-trans activism and extremism, and arguing the bill provides necessary recognition for trans and gender-diverse people.

I rise to contribute to the Births, Deaths and Marriages Registration Bill 2022. Recently in this country we saw bona fide and ardent Nazis protecting their turf in Melbourne, coincidentally, at the same rally as anti-trans activist Kellie-Jay Keen-Minshull was speaking.2023-06-14View Hansard
3.17 pmMr DAMETTOOpposes

Opposed the bill, questioning the need for changes to birth certificates and arguing the government was prioritising this over more pressing community concerns.

I rise to give my contribution to the Births, Deaths and Marriages Registration Bill 2022. From the outset I ask the question: does anyone even know where their birth certificate is?2023-06-14View Hansard
3.28 pmMs PUGHSupports

Supported the bill, sharing the story of a young trans constituent for whom the current birth certificate felt like an 'unintentional outing' every time she had to present it.

She said, 'Every time I show my birth certificate it feels like an unintentional outing.'2023-06-14View Hansard
3.32 pmMs BATESOpposes

Opposed the bill as a clumsy instrument, arguing existing provisions already allow sex changes on birth certificates after surgery and the new framework does not provide adequate protections.

The opposition will be opposing this bill not because we are opposed to modernising legislation and reflecting changes in society, as those opposite would have you believe. We are opposing this legislation because we do not believe this is the correct framework to provide the legislative protections our diverse Queensland population deserves.2023-06-14View Hansard
3.45 pmMr PURDIEOpposes

Opposed the bill, raising concerns about inadequate consultation, impacts on women's spaces and safety, and the removal of the requirement for surgery before changing sex on birth certificates.

It is notable that 159 were supportive of the bill and 181 were not.2023-06-14View Hansard
4.00 pmMrs FRECKLINGTONOpposes

Opposed the bill, arguing the rushed consultation process was inadequate for such significant legislation and warning of unintended consequences for women's rights and children.

We are here debating a bill that could have unintended consequences, and that is what the submitters to the committee report have submitted.2023-06-14View Hansard
4.14 pmMr LANGBROEKOpposes

Opposed the bill while affirming opposition to discrimination, raising concerns about the removal of surgical requirements and the impact on women's rights.

While the opposition wants to see a Queensland free from discrimination and believes any vilification or discrimination against trans people is completely unacceptable and should be called out, as honourable members have already heard, we will be opposing this legislation.2023-06-14View Hansard
4.29 pmMr PERRETTOpposes

Opposed the bill, arguing the government was using the legislation to distract from its mismanagement and that the current system already allows for sex changes on birth certificates.

It is hard not to be cynical about this government's motives. It is hard not to think it is trying to distract from its mismanagement of multiple portfolios.2023-06-14View Hansard
4.44 pmMr WEIROpposes

Opposed the bill while acknowledging some meritorious aspects, particularly regarding name changes for children of abusive parents.

As we have heard from the shadow minister, Tim Nicholls, we will be opposing the bill for a number of reasons.2023-06-14View Hansard
4.47 pmMr HEADOpposes

Opposed the bill, arguing the consultation was inadequate and the bill included divisive and politically motivated elements alongside genuine issues.

Some components of this bill address genuine issues and it would have been great if, for once, this Labor government had actually focussed on doing good for Queensland without throwing in clearly divisive and politically motivated agendas.2023-06-14View Hansard
4.57 pmMr POWELLOpposes

Opposed elements of the bill relating to parenting descriptors and changes of sex, while being respectful of the debate and acknowledging different viewpoints.

I too rise to address the Births, Deaths and Marriages Registration Bill 2022. In doing so, like others I want to be quite respectful in my contribution.2023-06-14View Hansard
6.10 pmHon. YM D'ATHSupports

As Attorney-General, replied in support of the bill, defending its consultation process and emphasising the government's proud history of social reforms and the evolving capacity principle for children's decisions.

We are more than capable of doing all of that, and that is what we do. You can have good, strong laws and economic laws. You can invest in health and education and housing and roads and renewable energy. You can do all of that, and you can have a social justice reform agenda that underpins all of that.2023-06-14View Hansard
In Detail14 June 2023View Hansard
Opposition amendmentDefeated

Suite of 14 amendments (Nos 1-14) to remove fee requirements across multiple clauses (15, 18, 20, 26, 29, 35, 36, 39, 41, 50, 52, 107, 112, 131), intended to eliminate the cost barrier for changing key identity documents like birth certificates.

Moved by Mr BERKMAN

That the amendment be agreed to

Vote on Mr Berkman's (Greens) amendment to clause 15 to waive fees for birth certificate changes, which was supported by the ALP and Greens but opposed by the LNP and KAP.

Passed49 ayes – 36 noes2023-06-14

The motion passed.

Show individual votes

Ayes (49)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (36)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading14 June 2023View Hansard

That the bill be now read a third time

Final passage vote on the Births, Deaths and Marriages Registration Bill 2022. Same voting pattern as second reading: ALP and Greens in favour (50), LNP, KAP and one independent against (34).

Passed50 ayes – 34 noes2023-06-14

The motion passed.

Show individual votes

Ayes (50)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (34)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Became Act 17 of 202323 June 2023

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