Births, Deaths and Marriages Registration Bill 2022
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
That the bill be now read a second time
Vote on whether to advance the Births, Deaths and Marriages Registration Bill 2022 past second reading debate to the consideration in detail stage. The bill removes the requirement for gender reassignment surgery to change sex on birth certificates and allows children under 16 to change their gender marker.
The motion passed.
▸Show individual votesHide individual votes
Ayes (50)
Noes (34)
▸37 members spoke19 support18 oppose
Opposed key aspects of the bill, particularly provisions allowing children under 16 to change their gender on birth certificates without parental consent, arguing this is potentially dangerous and that society has not appropriately developed frameworks for supporting children with gender dysphoria.
“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
As Attorney-General, moved the second reading and strongly defended the bill as providing landmark reforms for legal recognition of trans and gender-diverse Queenslanders, addressing discrimination and aligning Queensland with other Australian jurisdictions.
“This bill acknowledges trans and gender-diverse peoples by giving them greater legal recognition through an administrative process that allows a person to alter their record of sex to align with their lived identity.”— 2023-06-13View Hansard
Strongly supported the bill, arguing it strengthens legal recognition for trans and gender-diverse people. Defended the legislation against claims it would infringe on women's rights, stating human rights are not finite.
“I include transwomen in my definition of women. I do so proudly. I do not consider myself the arbiter of how other people feel in their bodies and who or what they should conform to in order to fit into a narrow or binary concept.”— 2023-06-14View Hansard
Expressed significant reservations about the bill, particularly regarding the short consultation period, the conflation of sex and gender, and concerns about children under 16 being able to alter their sex descriptor without parental consent via the Childrens Court.
“While we accept that much of the bill deals with the desirable aims of modernising the operations of the Registry of Births, Deaths and Marriages, safeguarding registry data and accounting for social change, our reservations about the bill include the consultation time for the bill.”— 2023-06-13View Hansard
Could not support the bill despite supporting trans Queenslanders, citing inadequate consultation, compressed inquiry time frames, and unaddressed concerns about vulnerable children including those with autism. Expressed concerns about the government's failure to address issues raised by the Cass review.
“Ultimately, I support you wholeheartedly; however, I cannot support a bill that neglects to address very real concerns—especially in relation to our children—with regard to decisions that will have impacts far beyond a political term.”— 2023-06-14View Hansard
Supported the bill as a committee member, highlighting its objectives to strengthen legal recognition of trans and gender-diverse people and better recognise contemporary family structures, sharing a powerful story about a transgender teen in crisis.
“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. He was heartbroken by the disproportionate rates of violence and devastated by the fact that almost half of young transpeople will attempt to take their lives.”— 2023-06-13View Hansard
Wholeheartedly supported the bill, arguing it validates identities and creates a more inclusive and fairer Queensland. Dismissed conservative claims about safety concerns as misplaced and driven by fear and division.
“We do not stand to lose through these reforms; we only stand to gain through them. Every single one of us has value, and no single one of us has more value than the other.”— 2023-06-14View Hansard
Raised concerns about inadequate consultation with women's groups, the conflation of sex and gender in the bill, and provisions allowing children under 16 to change their identity without parental consent, while expressing her personal view that sex is an immutable biological fact.
“Sex is an immutable biological fact. A transwoman is a transwoman; she is not a woman. A female, by definition, is an adult female human being. I do not apologise for saying that. That is my personal view.”— 2023-06-13View Hansard
Opposed the bill, arguing it undermines women's rights to have women-only safe spaces. Criticised the government for labelling opponents as extremists while ignoring legitimate concerns from diverse constituents including gay women.
“Women have a right to be safe and they also have a right to feel safe—and that is what has been fundamentally missing from a lot of the defence the government has put up for bringing this forward.”— 2023-06-14View Hansard
Strongly supported the bill, rejecting arguments that it would lead to harm in women's spaces or rushed gender reassignment surgery, and emphasising the high rates of mental health issues and discrimination faced by trans young people.
“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
Supported the bill as it modernises registration services and better recognises Queensland's diverse community. Emphasised that the current system unnecessarily medicalises the recognition of a person's lived identity.
“A birth certificate has a deep social and emotional resonance for people.”— 2023-06-14View Hansard
Opposed the bill on legal grounds, arguing it introduces subjectivity into the births registry which has historically been a source of objective fact, and raised concerns about impacts on women's sport, policing, and the need for an audit of legislation before passage.
“This bill removes that objectivity and introduces a subjective element to that public record for the first time, as I understand it. In that respect, the bill could be seen to be heralding in Queensland a post-truth era where the facts that have previously been recorded objectively are no longer done so.”— 2023-06-13View Hansard
Strongly supported the bill as historic recognition of intersex, transgender and gender-queer people. Sponsored the original petition calling for these reforms. Also moved amendments to remove fees for documentation changes, which were defeated.
“This is an important bill for trans people. By removing the requirement for surgery before changing a gender marker on a birth certificate we acknowledge that gender is not definite and immutable but ambiguous and nuanced.”— 2023-06-14View Hansard
Strongly supported the bill drawing on her experience as a school administrator, arguing that gender identity goes beyond physical attributes and that the current surgery requirement unnecessarily medicalises the recognition of a person's lived identity.
“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
Supported the bill as landmark legislation based on respect and recognition for diverse Queenslanders. Argued that inclusivity has real impacts and criticised the LNP for making excuses and invoking hateful stereotypes.
“Young Queenslanders are watching us. They are watching this debate to see if their members of parliament respect them or if they make up excuses and objections or invoke hateful stereotypes.”— 2023-06-14View Hansard
Opposed the bill due to concerns about inadequate consultation, the conflation of sex and gender, and provisions allowing children under 16 to change gender without parental consent. Called for a systematic review of puberty blockers and cross-sex hormones.
“I support trans and gender diversity, I support women and I support all of their rights to be safe in our community and to have recognition of their legal identity, but I take issue with the way this bill is drafted in its application to children.”— 2023-06-14View Hansard
Supported the bill after meeting with trans constituents who shared their difficult experiences with identity documents that do not match their lived identity. Emphasised the need to create a safe place for all Queenslanders.
“This puts myself and many other transgender individuals in danger, as we can afford the hormones to look the opposite sex but not the surgeries to have our documents match up.”— 2023-06-14View Hansard
Opposed the bill entirely, arguing it is poorly conceived and misleading. Suggested that if the government wanted to pursue this ideology, it should keep sex as male or female and add a separate line for gender identity instead.
“This bill is poorly conceived, misleading and confusing.”— 2023-06-14View Hansard
Supported the bill and criticised the LNP's obsession with controlling how women are defined. Argued that absolutist positions on gender will change when people have to accommodate loved ones who do not fit neat definitions.
“I say to them: if you cannot make a decent argument, why not accept that you are wrong?”— 2023-06-14View Hansard
Strongly opposed the bill, calling it an attack on women, women's rights, and young girls. Criticised the use of 'birth parent' terminology and provisions allowing biological males to access women's spaces and sports.
“The LNP will give women a voice. The LNP will give children a voice. We will protect women's and children's rights in the state of Queensland.”— 2023-06-14View Hansard
Strongly supported the bill, reading personal testimonies from three trans friends about how the bill will positively impact their lives. Emphasised that the bill will save lives.
“Neil said simply, 'Jason, this bill will save lives.' Those opposing this bill should reflect upon that.”— 2023-06-14View Hansard
Opposed the bill, questioning its relevance to his constituents and arguing it adds unnecessary complexity for children. Defended people with conservative views who feel ostracised for their opinions on gender.
“I stand up in this House for people in Queensland with some conservative values—those who have tapped me on the shoulder and said, 'Thank you for pushing back against this.'”— 2023-06-14View Hansard
Supported the bill after meeting with a young trans constituent who described how every time she shows her birth certificate it feels like an unintentional outing. Praised the constituent's bravery in sharing her story.
“Every time I show my birth certificate it feels like an unintentional outing.”— 2023-06-14View Hansard
Opposed the bill as complex, contentious and flawed. Raised concerns about inadequate consultation, the approach to children experiencing gender dysphoria, and provisions allowing children aged 12-15 to apply for gender changes without parental permission.
“The LNP opposes the bill. We also oppose any vilification or discrimination against the trans community. It is completely unacceptable.”— 2023-06-14View Hansard
Strongly supported the bill as creating monumental change for trans and gender-diverse Queenslanders. Warned that elected leaders' words can be weaponised to inflict hurt on the people this bill seeks to benefit.
“Simply put, as we have heard before this reform will save lives.”— 2023-06-14View Hansard
Opposed the bill, raising concerns about the government's affirmation model and citing questions from senior medical professionals at Queensland Children's Hospital about the use of puberty blockers and cross-sex hormones.
“Given the likely social and emotional issues being experienced by the applicant, that is a woefully inadequate process with which to allow a person aged 16 or 17 years to change their sex descriptor.”— 2023-06-14View Hansard
Strongly supported the bill as the former Attorney-General who developed the reforms. Stated the bill will help save lives through gender affirmation and committed to working with community groups to reduce wait times for gender-affirming care.
“We know that gender affirmation is one of the most impactful ways to improve mental health outcomes for trans and gender-diverse people.”— 2023-06-14View Hansard
Opposed the bill due to concerns about unintended consequences, inadequate consultation over Christmas, and provisions allowing children aged 12-15 to change gender without parental permission. Also raised concerns about women's safe spaces.
“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
Strongly supported the bill as a proud parent of a non-binary adult child. Argued that identity is what matters most to the individual and that this bill provides the recognition members of the LGBTIQ+ community need.
“If that is what makes them happy, if that fulfils their identity, if that is what they require in this world to walk proudly, to be part of a great Pride movement, then I support it 100 per cent.”— 2023-06-14View Hansard
Opposed the bill, citing concerns about allowing children under 16 to make significant decisions about their sex without parental consent, the conflation of sex and gender, and potential impacts on women's safe spaces including prisons.
“We fear that the concerns of stakeholders about the truncated consultation and consideration times for this very complex legislation is being realised.”— 2023-06-14View Hansard
Supported the bill and expressed sympathy for trans and gender-diverse people who had to listen to the debate. Shared the story of a trans friend who described the trauma of having to justify her identity to obtain official documents.
“I want the same rights as everybody else; to engage in Queensland in the very systems that are designed to protect and enable us all.”— 2023-06-14View Hansard
Opposed the bill, arguing it deliberately conflates sex and gender. Quoted multiple constituent letters expressing concerns about women's safety, biological males in women's spaces, and changes to birth certificates being tantamount to falsification.
“This is not an issue about making moral judgements regarding trans people; this is about a clear and concise, truthful and sensible approach to registration.”— 2023-06-14View Hansard
Strongly supported the bill, arguing homophobia and transphobia need to be erased. Shared stories from trans constituents about how documentation barriers lead to discrimination. Supported the Greens amendments to remove fees.
“To our trans and intersex friends, colleagues and comrades, we see you, we love you, we need you and I hope the passage of this bill makes life a little easier, a little brighter and more joyful.”— 2023-06-14View Hansard
Opposed the bill but raised a specific question about whether the exceptional circumstances provision would allow a mother with sole parental custody to change her children's surname without consent from an abusive father convicted of sexually abusing the children.
“One would think that having the biological father convicted of sexually assaulting his own children would be a justifiable reason to permit this change of name.”— 2023-06-14View Hansard
Opposed the bill, criticising the rushed consultation over Christmas and raising concerns about provisions that strip away parental rights and the rights of children. Quoted a newspaper article about families experiencing distress over gender transitioning.
“The LNP wants to see a Queensland with individual responsibility and where people have the liberty to make decisions for themselves. At the same time, we do not want to see a Queensland that sees the rights of parents to care for and to raise their children taken away from them.”— 2023-06-14View Hansard
Opposed elements of the bill, taking umbrage with characterisations of opponents as 'divisive far right'. Noted that concerns were raised by diverse stakeholders including the Coalition of Activist Lesbians Inc.
“What is clearly demonstrated through the contribution of the member for Algester is that she did not take one moment to consider the committee's report into this legislation.”— 2023-06-14View Hansard
As Attorney-General, strongly supported and defended the bill in reply. Highlighted extensive consultation since 2017, dismissed claims of harm to women as unsupported by evidence, and emphasised the bill's importance for trans and gender-diverse Queenslanders.
“I have no shame in relation to this bill; I just have pride in my heart. I stand with those who are up in the gallery, those across Queensland, those whom we have lost who have lost the fight.”— 2023-06-14View Hansard
That the amendment be agreed to
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (36)
That the bill be now read a third time
Final passage vote for the Births, Deaths and Marriages Registration Bill 2022 after consideration in detail, where the Greens' amendments to remove fees for documentation changes were defeated.
The motion passed.
▸Show individual votesHide individual votes
Ayes (50)
Noes (34)
Plain English Summary
Overview
This bill modernises Queensland's birth, death and marriage registration system with significant reforms for trans and gender diverse people. It removes the requirement for surgery to change sex on a birth certificate, instead allowing people 16 and over to self-declare their sex with a supporting statement. It also recognises contemporary family structures by allowing same-sex parents to both be recorded as 'mother' or both as 'father'.
Who it affects
Trans and gender diverse Queenslanders can now update their birth certificates without surgery. Same-sex parents can have their family structure accurately reflected on their children's birth certificates. Intersex people gain new anti-discrimination protections.
Key changes
- People 16 and over can change their recorded sex through self-declaration without requiring surgery, accompanied by a supporting statement from someone who has known them for 12 months
- Children under 16 can have their sex marker changed through an administrative pathway (with parental consent) or court pathway via the Childrens Court
- Same-sex parents can both be registered as 'mother', both as 'father', or both as 'parent' on their child's birth certificate
- A new 'sex characteristics' attribute is added to the Anti-Discrimination Act to protect intersex people
- The exemption allowing discrimination against trans people working with children is removed
- Sex information will only appear on birth certificates if the person requests it (opt-in approach)
- Parents of children born with variations of sex characteristics get 180 days instead of 60 days to register the birth