Western Australia Gender Reassignment Act 2000 Gender Reassignment Regulations 2001 | | |Reprinted under | | | |the Reprints Act | | | |1984 as | | | |at 12 December | | | |2008 | Western Australia Gender Reassignment Regulations 2001 CONTENTS 1. Citation 1 2. Commencement 1 3. Corresponding laws 1 4. Applications for recognition certificates 1 5. Recognition certificate 3 6. Fee to accompany application under section 17 for registration of a certificate 3 7. Board to advise Registrar 3 8. President has casting vote 3 Schedule 1 - Forms Notes Compilation table 10 | |[pic] |Reprinted under | | | |the Reprints Act | | | |1984 as | | | |at 12 December | | | |2008 | Western Australia Gender Reassignment Act 2000 Gender Reassignment Regulations 2001 1. Citation These regulations may be cited as the Gender Reassignment Regulations 2001 1. 2. Commencement These regulations come into operation on the day on which the Gender Reassignment Act 2000 comes into operation 1. 3. Corresponding laws The Sexual Reassignment Act 1988 of South Australia, as amended from time to time, is declared to be a corresponding law. 4. Applications for recognition certificates (1) An application for a recognition certificate is - (a) to be in the form set out in Form 1 in Schedule 1, or Form 2 of that Schedule if the application relates to a child; and (b) to be accompanied by - (i) a fee of $40, unless subregulation (2) applies; (ii) a statement signed by a medical practitioner that the applicant, or the child the application relates to, has undergone the reassignment procedure; (iii) any documents relating to where the reassignment procedure was carried out; (iv) the original, or a certified copy of the birth certificate of the applicant, or the child the application relates to; (v) the original, or certified copies, of any documents showing proof of residency and length of residency of the applicant, or the child the application relates to; (vi) if the applicant so wishes, any relevant information regarding the adoption of the lifestyle of a person of the gender to which the applicant, or the child the application relates to, has been reassigned; and (vii) a statement from any person who has provided counselling in relation to the gender identity of the applicant, or the child the application relates to, signed by that person. (2) If the Board considers that it is appropriate to do so in relation to a particular application, the Board may waive the fee referred to in subregulation (1)(b)(i). (3) The Board, or the executive officer referred to in section 11 of the Act, may, by written notice, require an applicant to give to the Board or the executive officer any additional information necessary for a proper consideration of the application. 5. Recognition certificate A recognition certificate is to be in a form approved by the Board. 6. Fee to accompany application under section 17 for registration of a certificate The fee to accompany an application under section 17(3) of the Act is $30. 7. Board to advise Registrar The Board is to advise the Registrar referred to in section 5 of the Births, Deaths and Marriages Registration Act 1998 in writing of a decision by the Supreme Court under section 19 or the State Administrative Tribunal on an application made under section 21 of the Act to cancel a recognition certificate. [Regulation 7 amended in Gazette 30 Dec 2004 p. 7009.] 8. President has casting vote If the votes cast on a question by the Board are equally divided, the president has a casting vote on the question. Schedule 1 - Forms [r. 4] Form 1 APPLICATION FOR RECOGNITION CERTIFICATE FOR AN ADULT IMPORTANT NOTICE Information provided in this application will be treated CONFIDENTIALLY Personal details of applicant |Full name | | |Address | | |Date of birth | | |Place of birth | | |Full names of applicant's | | |parents | | Reassignment procedure |I have undergone a | | |reassignment procedure | | |from - |[ ] | |(a) male to female |[ ] | |(b) female to male |Tick the appropriate box | | |and attach a statement | | |signed by a medical | | |practitioner that the | | |person has undergone the | | |reassignment procedure. | Compliance with section 15 of the Gender Reassignment Act 2000 | | | |The reassignment procedure | | |was carried out in this |[ ] | |State. | | | |[ ] | |My birth was registered in | | |this State. | | | | | |I am a resident of this |[ ] | |State and have been a |Tick the appropriate box or| |resident of this State for |boxes and attach a | |not less than 12 months. |certified copy of your | | |birth certificate and any | | |other relevant documents, | | |such as - | | |(i) documents relating to | | |where the reassignment | | |procedure was carried out; | | |(ii) the original, or | | |certified copies, of any | | |documents showing proof of | | |residency and length of | | |residency. | | | | |I believe that my true |[ ] | |gender is the gender to |Tick box if correct. | |which I have been | | |reassigned, as specified in| | |this form. | | | | | |I have adopted the |[ ] | |lifestyle and have the |Tick box if correct. | |gender characteristics of a|You may wish to attach any | |person of the gender to |information you consider | |which I have been |relevant. | |reassigned, as specified in| | |this form. | | | | | |I have received counselling|[ ] | |in relation to my gender |Tick box if correct. | |identity. |Please specify details of | | |counselling and attach a | | |statement from the person | | |who provided the | | |counselling. | | | | |I am married. |[ ] | |I am not married. |[ ] | | |Tick the appropriate box. | | |A recognition certificate | | |cannot be issued to a | | |person who is married. | Hearing of application |I wish to attend the |[ ] | |hearing of this | | |application. |[ ] | |I do not wish to attend the| | |hearing of this |[ ] | |application. |Tick the appropriate box or| |I wish to appear at the |boxes. | |hearing of this application| | |and to make submissions to | | |the Board. | | Declaration by applicant |I declare that to the best of my knowledge no | |statement made in this application is false, or | |misleading in any material respect. | |Signature | |Date | |Name of person signing | |NOTE: | |Section 23 of the Gender Reassignment Act 2000 | |provides that it is an offence for a person to make a | |statement knowing it to be false or misleading in a | |material respect for the purposes of, or in connection| |with, an application. | |Penalty: $2 000. | [Form 1 amended in Gazette 14 May 2004 p. 1447.] Form 2 APPLICATION FOR RECOGNITION CERTIFICATE FOR A CHILD IMPORTANT NOTICE Information provided in this application will be treated CONFIDENTIALLY Personal details of the child the application relates to |Full name of child | | |Address of child | | |Date of birth | | |Place of birth | | |Full names of child's | | |parents | | Personal details of the person making the application |Name of person making the | | |application | | |Address of person making | | |the application | | |Relationship of person to |This application must be | |the child |made by the child's | | |guardian. | Reassignment procedure |The child this application | | |relates to has undergone a | | |reassignment procedure | | |from - |[ ] | |(a) male to female |[ ] | |(b) female to male |Tick the appropriate box | | |and attach a statement | | |signed by a medical | | |practitioner that the child| | |has undergone the | | |reassignment procedure. | Compliance with section 15 of the Gender Reassignment Act 2000 |The reassignment procedure |[ ] | |was carried out in this | | |State. | | | |[ ] | |The child's birth was | | |registered in this State. | | | |[ ] | |The child is a resident of |Tick the appropriate box or| |this State and has been a |boxes and attach a | |resident of this State for |certified copy of the | |not less than 12 months. |child's birth certificate | | |and any other relevant | | |documents, such as - | | |(i) documents relating to | | |where the reassignment | | |procedure was carried out; | | |(ii) the original, or | | |certified copies, of any | | |documents showing proof of | | |residency and length of | | |residency. | |These are the reasons that | | |I believe that it is in the| | |best interests of the child| | |that a recognition | | |certificate is issued in | | |respect of the child. | | |The child is married. |[ ] | |The child is not married. |[ ] | | |Tick the appropriate box. | | |A recognition certificate | | |cannot be issued to a | | |person who is married. | Hearing of application |I wish to, or the child |[ ] | |wishes to, attend the | | |hearing of this | | |application. |[ ] | | | | |I do not wish to, or the | | |child does not wish to, | | |attend the hearing of this |[ ] | |application. |Tick the appropriate box or| | |boxes. | |I wish to, or the child | | |wishes to, appear at the | | |hearing of this application| | |and to make submissions to | | |the Board. | | Declaration by applicant |I declare that to the best of my knowledge no | |statement made in this application is false, or | |misleading in any material respect. | |Signature | |Date | |Name of person signing | |NOTE: | |Section 23 of the Gender Reassignment Act 2000 | |provides that it is an offence for a person to make a | |statement knowing it to be false or misleading in a | |material respect for the purposes of, or in connection| |with, an application. | |Penalty: $2 000 or imprisonment for 6 months. | [Form 2 amended in Gazette 25 Oct 2002 p. 5309.] [pic] Notes 1 This reprint is a compilation as at 12 December 2008 of the Gender Reassignment Regulations 2001 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Gender Reassignment |18 Dec 20|19 Dec 2001 (see | |Regulations 2001 |01 |r. 2 and Gazette | | |p. 6507-1|18 Dec 2001 p. 6489)| | |7 | | |Gender Reassignment |25 Oct 20|25 Oct 2002 | |Amendment |02 | | |Regulations 2002 |p. 5309 | | |Sentencing Legislation |14 May 20|15 May 2004 (see r. | |(Short Sentences) |04 |2 and Gazette | |Amendment |p. 1445-7|14 May 2004 p. 1445)| |Regulations 2004 r. 6 | | | |Gender Reassignment |30 Dec 20|1 Jan 2005 (see r. 2| |Amendment Regulations |04 |and Gazette | |2004 |p. 7009 |31 Dec 2004 p. 7130)| |Reprint 1: The Gender Reassignment Regulations 2001 as| |at 12 Dec 2008 (includes amendments listed above) | By Authority: JOHN A. STRIJK, Government Printer