{"id":"family-court-sex-or-gender-changes-rules-2025","name":"Family Court (Sex or Gender Changes) Rules 2025","slug":"family-court-sex-or-gender-changes-rules-2025","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176645,"registerId":"wa-family-court-sex-or-gender-changes-rules-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Court (Sex or Gender Changes) Rules 2025","content":"![Crest]()Western Australia\n\nFamily Court Act 1997\n\nFamily Court (Sex or Gender Changes) Rules 2025\n\nWestern Australia\n\nFamily Court (Sex or Gender Changes) Rules 2025\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application of rules 2\n\n5. Sex or gender application 2\n\n6. Application under *Children and Community Services Act 2004* s. 63(3A) 3\n\n7. Ancillary application 3\n\n8. Fixing of directions hearing date 4\n\n9. Response to application 4\n\n10. Non‑contentious sex or gender application 5\n\n11. Service of application or response 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nFamily Court Act 1997\n\nFamily Court (Sex or Gender Changes) Rules 2025\n\n##### 1. Citation\n\n\t\tThese rules are the *Family Court (Sex or Gender Changes) Rules 2025*.\n\n##### 2. Commencement\n\nThese rules come into operation on —\n\n(a) the day after the day on which these rules are published on the WA legislation website; or\n\n(b) if later, the day on which the *Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024* section 40 comes into operation.\n\n##### 3. Terms used\n\nIn these rules —\n\naffidavit has the meaning given in the *Family Court Rules 2021* rule 4;\n\nancillary application means an application for an order in relation to a sex or gender application;\n\napproved form means a form approved by the Chief Judge;\n\nchild, in relation to a sex or gender application, means the child in respect of whom the application is made;\n\nsex or gender application means an application under the *Births, Deaths and Marriages Registration Act 1998* section 36L(1), 36M(2), 36N(1), 36V(1), 36W(2) or 36X(1).\n\n##### 4. Application of rules\n\nThese rules apply for the purposes of the exercise by the Court of its jurisdiction under the *Births, Deaths and Marriages Registration Act 1998* Part 5A.\n\n##### 5. Sex or gender application\n\n(1) A sex or gender application must be made in an approved form.\n\n(2) The application must be lodged in the Court together with the following —\n\n(a) an affidavit by each applicant stating the following —\n\n(i) all of the facts relied on in support of the application;\n\n(ii) if the application is made under the *Births, Deaths and Marriages Registration Act 1998* section 36L(1), 36N(1), 36V(1) or 36X(1) — the applicant’s views about the child’s sex or gender and any other view of the applicant relevant to the application;\n\n(iii) if the application is made under the *Births, Deaths and Marriages Registration Act 1998* section 36M(2) or 36W(2) — the applicant’s views about their sex or gender and any other view of the applicant relevant to the application;\n\n(iv) if the application is made by a guardian in accordance with the *Births, Deaths and Marriages Registration Act 1998* section 36L(3), 36N(3), 36V(3) or 36X(3) — why the parents of the child cannot exercise their parental responsibilities for the child;\n\n(b) evidence of any appropriate clinical treatment that the child has received in relation to the child’s sex or gender;\n\n(c) a certified copy of the child’s birth certificate.\n\nNote for this rule:\n\nUnder the *Births, Deaths and Marriages Registration Act 1998* sections 36L(2), 36M(3), 36N(2), 36V(2), 36W(3) and 36X(2), a sex or gender application must specify a sex or gender of a kind prescribed in the *Births, Deaths and Marriages Registration Regulations 1999*.\n\n##### 6. Application under *Children and Community Services Act 2004* s. 63(3A)\n\n(1) In this rule —\n\naccompanying sex or gender application means an application made under the *Births, Deaths and Marriages Registration Act 1998* section 36L(1) or 36N(1) at the same time as a name application;\n\nname application means an application made under the *Children and Community Services Act 2004* section 63(3A) for permission to make a change of name application (as defined in section 63(2) of that Act).\n\n(2) A name application must be lodged in the Court in an approved form.\n\n(3) The affidavit lodged with an accompanying sex or gender application must state the applicant’s views about the change of name.\n\n(4) Any rule made under the Act that applies to an accompanying sex or gender application applies, with any necessary modifications, to a name application.\n\n##### 7. Ancillary application\n\n(1) An ancillary application in relation to a sex or gender application must be made in an approved form.\n\n(2) The ancillary application must be lodged in the Court and be accompanied by affidavit evidence of the facts relied on in support of the order sought in the ancillary application.\n\n(3) The affidavit evidence referred to in subrule (2) must be separate from the affidavit evidence in support of the sex or gender application.\n\n##### 8. Fixing of directions hearing date\n\n(1) On the filing of a sex or gender application, the Court must fix a date for a directions hearing in relation to the application.\n\n(2) The date fixed must be as soon as practicable after the end of the period of 42 days beginning on the day on which the application is lodged, unless —\n\n(a) a person entitled to be heard in relation to the application has requested an earlier date in writing; and\n\n(b) the Court considers an earlier date is necessary.\n\n(3) The person entitled to be heard must send the request to the Duty Registrar and include in the request reasons why an earlier date is necessary.\n\n##### 9. Response to application\n\n(1) The following persons may lodge a response to a sex or gender application —\n\n(a) each parent or guardian of the child;\n\n(b) any other person concerned with the care, welfare or development of the child.\n\n(2) Subrule (1) does not apply to the person who made, or a person who supports, the application.\n\n(3) The response must be lodged in the Court in an approved form together with an affidavit stating the following —\n\n(a) if the respondent is lodging the response under subrule (1)(b) — reasons why the person is concerned with the care, welfare or development of the child;\n\n(b) the respondent’s views about the application;\n\n(c) all of the facts relied on in support of the response.\n\n##### 10. Non‑contentious sex or gender application\n\n(1) If, at or after a directions hearing in relation to a sex or gender application, each person entitled to be heard in relation to the application supports the application, the application may be determined in Chambers.\n\n(2) If the Court determines a sex or gender application in Chambers, the Court must record the following in writing —\n\n(a) the determination made;\n\n(b) the reasons for making the determination.\n\n##### 11. Service of application or response\n\nA sealed copy of a sex or gender application, an ancillary application or a response to a sex or gender application, and any affidavit in support of the application or response, must be served on the persons and in the manner that the Court directs.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Family Court (Sex or Gender Changes) Rules 2025*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Family Court (Sex or Gender Changes) Rules 2025* | SL 2025/72 14 May 2025 | 30 May 2025 (see r. 2(b) and SL 2025/80 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naccompanying sex or gender application 6(1)\n\naffidavit 3\n\nancillary application 3\n\napproved form 3\n\nchild 3\n\nname application 6(1)\n\nsex or gender application 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These rules do not alter who may seek a sex or gender registration change under the Births, Deaths and Marriages Registration Act 1998; they provide procedural rules for the Family Court’s exercise of that Part 5A jurisdiction (r.4). The instrument prescribes filing formats and evidence (r.5), procedures for associated name applications (r.6), ancillary applications (r.7), hearing scheduling (r.8), response rights (r.9) and service (r.11), but does not expand or narrow statutory eligibility. Commencement is tied to the relevant amendment in the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024 (r.2)."},"complexity_factors":["Procedural vs substantive: rules implement the Court’s Part 5A jurisdiction rather than change substantive eligibility (r.4).","Detailed documentary and affidavit requirements increase compliance burden for applicants: approved form, affidavit of facts and views, clinical treatment evidence, certified birth certificate (r.5(1)–(2)(a)–(c)).","Separate affidavit requirement for ancillary applications increases formality and preparation cost (r.7(2)–(3)).","Interplay with other statutes and instruments creates cross‑reference complexity: Births, Deaths and Marriages Registration Act 1998 (defining application types and permitted sex/gender types) and Children and Community Services Act 2004 for name applications (r.4; r.6; note to r.5).","Time and scheduling constraints: Court must fix a directions hearing 'as soon as practicable' after 42 days unless an earlier date is requested and justified; creates predictable wait but limited early-access discretion (r.8(1)–(3)).","Who may respond and evidentiary standard: parents, guardians and other persons concerned with the child may respond but not supporters of the application; responses require affidavit of facts and views (r.9(1)–(3)).","Administrative discretion and centralised form control: use of 'approved form' approved by the Chief Judge embeds administrative control over filing formats (definition of approved form; r.3).","Court discretion over service and directions: sealed copies and affidavits must be served as the Court directs, concentrating procedural control in judicial officers (r.11).","Practical evidentiary requirement for clinical treatment evidence where relevant creates potential medical‑record disclosure and privacy considerations (r.5(2)(b))."],"plain_english_summary":"These rules set out the Family Court’s procedures for applications to change a person’s recorded sex or gender under the Births, Deaths and Marriages Registration Act 1998. They prescribe approved forms, affidavit and documentary evidence, response rights, hearing timing and how non‑contentious matters are decided. The rules affect applicants, guardians, parents and others involved with a child’s care by imposing filing, evidence and timing obligations and by giving the Court procedural powers to manage those applications."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing court procedures for sex or gender change applications. It does not expand beyond procedural rules for the Family Court's jurisdiction under Part 5A of the Births, Deaths and Marriages Registration Act 1998."},"complexity_factors":["Short instrument: only 11 substantive rules across 6 pages","Minimal defined terms: 8 defined terms, mostly straightforward (e.g., 'affidavit', 'child')","Clear structure: linear progression from application filing to determination","Limited cross-referencing: references to external Acts are specific (section numbers provided) and manageable","Simple conditional logic: only basic exceptions (e.g., rule 8(2) allows earlier hearing dates if requested)","No nested exceptions or complex deeming provisions","Procedural focus: rules describe 'how to' file documents rather than creating substantive legal tests"],"plain_english_summary":"These rules set out the court procedures for Western Australians seeking to change their sex or gender marker on birth certificates, or for parents/guardians seeking to do so on behalf of a child.\n\n**What it does:**\n- Establishes how applications must be filed with the Family Court of Western Australia to change sex or gender records under the *Births, Deaths and Marriages Registration Act 1998*.\n- Covers applications for adults changing their own records, and applications by parents or guardians for children.\n- Sets out what documents must accompany applications (affidavits explaining the applicant's views, evidence of clinical treatment, birth certificates).\n- Creates a process for \"ancillary applications\" (related court orders needed alongside the main application).\n- Allows certain people (parents, guardians, or others concerned with the child's welfare) to file responses opposing or supporting applications.\n- Requires the Court to schedule a directions hearing (a procedural meeting to manage the case) within 42 days of filing.\n- Provides for uncontested applications to be decided \"in Chambers\" (by a judge in their office without a formal hearing) if everyone agrees.\n\n**Who it affects:**\n- Transgender and gender-diverse Western Australians seeking to update their birth certificates.\n- Parents or guardians applying on behalf of children.\n- The Family Court of Western Australia and its staff.\n- People with a legitimate interest in a child's welfare who may wish to respond to an application.\n\n**Why it matters:**\nBirth certificates are foundational identity documents. These rules create the practical pathway for people to align their legal records with their lived identity, while ensuring appropriate safeguards—particularly for children—through required clinical evidence and opportunities for interested parties to be heard."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the full legislative text was not available for analysis. No determination can be made about whether the enacted rules diverged from any original drafting intent."},"complexity_factors":["Insufficient content to assess true complexity — the legislation text was not retrievable","Procedural rules (as opposed to substantive law) are typically moderately complex but not highly so","Title suggests a narrow, specific subject matter which generally limits complexity","Score reflects extreme uncertainty due to unavailable content rather than assessed simplicity"],"plain_english_summary":"These are procedural rules for the Western Australian Family Court governing how people apply to change their recorded sex or gender—covering the application process, required documents, fees and timelines. They affect individuals in WA seeking legal sex/gender changes, their lawyers, and court staff, and matter because they set the practical steps for accessing those legal changes."}},"importantCases":[],"_links":{"self":"/api/acts/family-court-sex-or-gender-changes-rules-2025","history":"/api/acts/family-court-sex-or-gender-changes-rules-2025/history","analysis":"/api/acts/family-court-sex-or-gender-changes-rules-2025/analysis","conflicts":"/api/acts/family-court-sex-or-gender-changes-rules-2025/conflicts","importantCases":"/api/acts/family-court-sex-or-gender-changes-rules-2025/important-cases","documents":"/api/acts/family-court-sex-or-gender-changes-rules-2025/documents"}}