Births, Deaths, Marriages, and Relationships Registration Act 1995

77 Restrictions on searches where error relating to person’s sex has been corrected or sexual assignment or reassignment has been registered

(1)

In this section, birth information, in relation to any person, means information recorded under this Act or a former Act as information relating to the person’s birth.

(2)

This subsection applies to information if—

(a)

it is birth information relating to a person’s sex; and it has later been corrected under section 84 or a corresponding provision of a former Act; or

(b)

it is information relating to the correction under section 84 or a corresponding provision of a former Act of birth information relating to a person’s sex.

(3)

This subsection applies to information if—

(a)

it is birth information specifying names for a person; and—

(i)

after it was recorded the birth information relating to the person’s sex has been corrected under section 84 or a corresponding provision of a former Act; and

(ii)

after the correction was made, new names adopted by the person have been recorded as birth information; or

(b)

it is information relating to the recording, after the correction under section 84 of birth information relating to a person’s sex, of new names adopted by the person.

(4)

This subsection applies to information if—

(a)

it is birth information that a person is a person of indeterminate sex; and after it was recorded there has been recorded under Part 5 birth information that the person is a person of a particular sex; or

(b)

it is information to the effect that a person’s birth information at one time did not include any information relating to the person’s sex; and there has since been recorded under Part 5 information that the person is a person of a particular sex; or

(c)

it is birth information that a person is a person of a particular sex; and after it was recorded there has been recorded under Part 5 information that the person is a person of the opposite sex; or

(d)

it is information relating to the recording under Part 5 of information that a person is a person of a particular sex, or the sex opposite to that recorded when birth information relating to the person was first recorded; or

(e)

it is birth information specifying names for a person; and—

(i)

after it was recorded there has been recorded under Part 5 information that the person is a person of a particular sex or the sex opposite to that recorded when the names were recorded; and

(ii)

after the sex information was recorded, names other than those specified in the birth information have, in accordance with this Act, been recorded as birth information; or

(f)

it is information relating to the recording, for the first time after the recording under Part 5 of information that a person is a person of a particular sex or the sex opposite to that recorded when birth information relating to the person was first recorded, of new names adopted by the person.

(5)

No person other than the Registrar-General shall permit a person to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information.

(6)

The Registrar-General may permit a person to inspect any document containing information to which subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied—

(a)

that the person is the person to whom the information relates; or

(b)

that—

(i)

the person wishes to inspect the document or have the print-out or copy for a purpose in connection with the administration of an estate or trust; and

(ii)

the person is executor, administrator, or trustee of the estate or trust; and

(iii)

the information is material for the purpose; or

(c)

that—

(i)

the person wishes to inspect the document or have the print-out or copy for the purpose of investigating whether or not the parties to a proposed marriage are a man and a woman; and

(ii)

the person is a celebrant or Registrar; and

(iii)

the information is material for the purpose.

(7)

The Registrar-General may permit a person to inspect any document containing information to which subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied that—

(a)

the person who wishes to inspect the document or have the print-out or copy is the person to whom the information relates; or

(b)

120 years has passed since the birth of the person to whom the information relates.

(8)

Except as provided in subsections (6) and (7), the Registrar-General shall not permit a person to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, except on the order of the Family Court, the District Court, or the High Court, made—

(a)

for the purposes of a prosecution for making a false statement; or

(b)

in the event of any question as to the validity of a marriage; or

(c)

in the event of any question as to the validity of any information recorded under section 30(1); or

(d)

on any other special ground.

(9)

Notwithstanding anything in this Act, the Registrar-General may notify any government agency that has an interest in ensuring that people should not have more than 1 identity of—

(a)

the fact that any person has had the person’s sexual assignment or reassignment registered under section 30(1), or has had birth information relating to the person’s sex corrected under section 84:

(b)

the person’s names at the time:

(c)

any new names later adopted by the person.

Section 77(8): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 77(8)(c): amended, on 28 July 1997, by section 5 of the Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

Section 77(9)(a): amended, on 28 July 1997, by section 5 of the Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).