{"id":"sexual-reassignment-regulations-2015","name":"Sexual Reassignment Regulations 2015","slug":"sexual-reassignment-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237208,"registerId":"sa-sexual-reassignment-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sexual Reassignment Regulations 2015","content":"South Australia\nSexual Reassignment Regulations 2015\nunder the Sexual Reassignment Act 1988\n\nContents\n1\tShort title\n3\tInterpretation\n4\tCorresponding laws\n5\tApplications for recognition certificates\n6\tRegistration of certificates\n7\tRegisters and indexes\n8\tRegulation of access to reassignment records\n9\tPeriodic returns\nSchedule 1—Forms\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Sexual Reassignment Regulations 2015.\n3—Interpretation\nIn these regulations, unless the contrary appears—\nAct means the Sexual Reassignment Act 1988;\nMinister means the Minister responsible for the administration of the Health Care Act 2008;\npsychiatrist means a person registered under the Health Practitioner Regulation National Law as a specialist in psychiatry;\npsychologist means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than a student);\nquarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in a year;\nregister—see regulation 7.\n4—Corresponding laws\nFor the purposes of the Act, each of the following laws, as amended or substituted from time to time, is declared to be a corresponding law:\n\t(a)\tBirths, Deaths and Marriages Registration Act 1995 of New South Wales;\n\t(b)\tBirths, Deaths and Marriages Registration Act 1997 of the Australian Capital Territory;\n\t(c)\tBirths, Deaths and Marriages Registration Act 1996 of the Northern Territory;\n\t(d)\tBirths, Deaths and Marriages Registration Act 2003 of Queensland;\n\t(e)\tBirths, Deaths and Marriages Registration Act 1996 of Victoria;\n\t(f)\tBirths, Deaths and Marriages Registration Act 1999 of Tasmania;\n\t(g)\tGender Reassignment Act 2000 of Western Australia.\n5—Applications for recognition certificates\n\t(1)\tAn application to a magistrate for the issue of a recognition certificate in respect of a person who has undergone a reassignment procedure must—\n\t(a)\tbe made in the form set out in Form 1 in Schedule 1; and\n\t(b)\tbe accompanied by—\n\t(i)\tan affidavit, sworn by a medical practitioner, relating to the reassignment procedure that has been carried out and any associated treatment that has been provided to the person; and\n\t(ii)\tif the application relates to an adult—an affidavit, sworn by a psychiatrist or psychologist, relating to the counselling that the person has received in relation to his or her sexual identity; and\n\t(iii)\ta certified birth certificate; and\n\t(iv)\ta fee of $86.\n\t(2)\tA recognition certificate will be in the form set out in Form 2 in Schedule 1.\n6—Registration of certificates\nFor the purposes of section 9(3) of the Act, the prescribed fee is $51.50.\n7—Registers and indexes\n\t(1)\tThe Registrar must keep a register of reassignments of sex.\n\t(2)\tThe Registrar must keep an index to the register that enables the Registrar to trace the connection between the entries that are made in the register and the entries that are made or altered in any other register or index under section 9(1)(b) of the Act.\n\t(3)\tOnly a relevant person may—\n\t(a)\trequire that the register, or the index to the register, be searched; or\n\t(b)\tobtain a copy of, or extract from—\n\t(i)\tan entry in the register or the index to the register; or\n\t(ii)\tan entry in any other register that identifies the person to whom the entry relates as a person whose sex has been reassigned.\n\t(4)\tIf the Registrar issues a copy of, or extract from, an entry in a register or index that has been altered by the Registrar under section 9(1)(b) of the Act, the copy or extract must show the entry as altered.\n\t(5)\tHowever, the Registrar may issue a copy of, or extract from, an entry in a register or index that shows an alteration under section 9(1)(b) of the Act on the application of a person who is a relevant person in relation to that entry.\n\t(6)\tIf the Registrar is satisfied that there is an error, omission or misstatement in an entry on the register, the Registrar may correct the entry and make such consequential alterations to any other registers or indexes as the Registrar thinks fit.\n\t(7)\tIn this regulation—\nrelevant person means—\n\t(a)\ta person to whom an entry in a register relates; or\n\t(b)\tif the person to whom an entry in a register relates is a child—the guardian of the child; or\n\t(c)\ta person acting under the authority of an order of the Supreme Court.\n8—Regulation of access to reassignment records\n\t(1)\tThis regulation applies to the following records kept by a hospital or by a person who carries out, or proposes to carry out, a reassignment procedure or who provides, or proposes to provide, associated treatment:\n\t(a)\trecords relating to the mental condition of a person who proposes to undergo, is undergoing or has undergone a reassignment procedure;\n\t(b)\trecords relating to the personal circumstances or lifestyle of such a person;\n\t(c)\trecords relating to the procedures or treatment that such a person is to undergo, is undergoing or has undergone.\n\t(2)\tA person must not inspect, copy or remove a record (or any part of a record) to which this regulation applies unless—\n\t(a)\tthe person is the person to whom the record relates; or\n\t(b)\tin the case of a record that relates to a child—the person is the guardian of the child; or\n\t(c)\tthe person is acting with the consent of the person to whom the record relates or, in the case of a record that relates to a child, the person is acting with the consent of the guardian of the child; or\n\t(d)\tthe person is a medical practitioner or other person who is treating the person to whom the record relates; or\n\t(e)\tthe person is acting under the authority of a medical practitioner who is treating the person to whom the record relates; or\n\t(f)\tthe person is acting in the course of official duties as an officer or member of the staff of the hospital or other place where the record is being kept; or\n\t(g)\tthe person is acting in the course of official duties as an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Health Care Act 2008; or\n\t(h)\tthe person is acting under the authority of the Minister for research purposes; or\n\t(i)\tthe person is acting under the authority of the South Australian Health Practitioners Tribunal established under the Health Practitioner Regulation National Law (South Australia) Act 2010; or\n\t(j)\tthe person is acting in the course of official duties as a member of a law enforcement or prosecution authority of the State; or\n\t(k)\tthe person is acting under an authority given by a court or tribunal constituted by law; or\n\t(l)\tthe person is a magistrate authorised under the Act to issue recognition certificates, or is a person acting under the authority of such a magistrate; or\n\t(m)\tthe person is otherwise authorised to inspect, copy or remove the record under any Act or law.\nMaximum penalty: $2 000.\n9—Periodic returns\n\t(1)\tIf a person undergoes a reassignment procedure, or part of a reassignment procedure, or receives any associated treatment at a hospital, the hospital must, within 1 month of the end of the quarter in which the procedure or treatment occurs, provide, in a confidential manner, the following information to the Minister in the form of a return approved by the Minister:\n\t(a)\tthe name of the person concerned;\n\t(b)\tdetails of the procedure or treatment;\n\t(c)\tthe name of any medical practitioner or other person who carried out or supervised the procedure or treatment;\n\t(d)\tdetails of any counselling or other services that were provided in association with the procedure or treatment;\n\t(e)\tan assessment, as at the end of that quarter, of the stage that has been reached in the person's treatment;\n\t(f)\tany other information required as a condition of approval under section 6 of the Act.\n\t(2)\tA person must not inspect, copy or remove a return (or a copy of a return) prepared for the purposes of subregulation (1) unless—\n\t(a)\tthe person is a medical practitioner or other person who is treating the person to whom the return relates; or\n\t(b)\tthe person is acting under the authority of a medical practitioner who is treating the person to whom the return relates; or\n\t(c)\tthe person is acting in the course of official duties as an officer or member of the staff of the particular hospital; or\n\t(d)\tthe person is acting in the course of official duties as an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Health Care Act 2008; or\n\t(e)\tthe person is acting under the authority of the Minister.\nMaximum penalty: $2 000.\nSchedule 1—Forms\nForm 1\t\nApplication for issue of recognition certificate under the Sexual Reassignment Act 1988\nName of applicant:\nAddress of applicant:\nIf the application is being made on behalf of a child—Name of child:\nName and address of hospital or hospitals at which the relevant reassignment procedure(s) was/were carried out:\nPlace and date of birth of applicant or, if the application is being made on behalf of a child, of the child:\nDate:\nSigned:\nAddress to be used for the purposes of this application:\nNote—\nThis application must be accompanied by—\n\t•\tan affidavit, sworn by a medical practitioner, relating to the reassignment procedure that has been carried out and any associated treatment that has been provided to the person to whom the application relates; and\n\t•\tif the application relates to an adult—an affidavit, sworn by a psychiatrist or psychologist, relating to the counselling that the person has received in relation to his or her sexual identity; and\n\t•\ta certified birth certificate; and\n\t•\tthe fee prescribed under the Sexual Reassignment Regulations 2015.\nForm 2\t\nRecognition certificate under the Sexual Reassignment Act 1988\nName of person to whom this certificate relates:\nI find—\n\t•\tthat the person named above has undergone a reassignment procedure in South Australia\nor\n\t•\tthat the birth of the person named above is registered in South Australia\n(General Register of Births Book No      Page No     ).\nI am satisfied that the person named above is entitled to a recognition certificate under the Sexual Reassignment Act 1988.\nI CERTIFY that           is of the           sex.\nDATED this      day of           20     \nA Magistrate authorised to issue recognition certificates under the Sexual Reassignment Act 1988.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nThese regulations continue in force for the purposes of applications for registration of recognition certificates under section 9 of the repealed Sexual Reassignment Act 1988 but for no other purpose: see Schedule 1 of the Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016.\nLegislation revoked by principal regulations\nThe Sexual Reassignment Regulations 2015 revoked the following:\nSexual Reassignment Regulations 2000\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n195\nGazette 20.8.2015 p3880 \n20.8.2015: r 2\n2016\n137\nGazette 23.6.2016 p2363\n1.7.2016: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\nr 5\n\n\nr 5(1)\nvaried by 137/2016 r 4\n1.7.2016\nr 6\nvaried by 137/2016 r 5\n1.7.2016\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations now continue in force only for the purpose of applications for registration of recognition certificates under section 9 of the repealed Sexual Reassignment Act 1988 and for no other purpose, per the legislative note referencing Schedule 1 of the Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016; they therefore operate as a narrow, residual instrument limited to registration matters."},"complexity_factors":["Cross-references to the Sexual Reassignment Act 1988 and to administration under the Health Care Act 2008 (reg 3, reg 8)","Multiple procedural requirements for applications (form, medical affidavit, counselling affidavit for adults, certified birth certificate, fee) and a prescribed certificate form (reg 5, Schedule 1)","Separate prescribed fees for application and registration ($86 and $51.50) and their fixed amounts (reg 5(1)(b)(iv), reg 6)","Detailed recordkeeping, indexing, correction powers and restricted access with a list of authorised persons and a maximum penalty ($2,000) (regs 7, 8)","Mandatory periodic confidential returns by hospitals with a tight deadline (within 1 month after quarter end) and limited inspection rights (reg 9)","Declared corresponding laws across multiple jurisdictions that affect recognition (reg 4)"],"plain_english_summary":"These regulations set the forms, fees and practical steps for applying for and registering a recognition certificate after a sexual reassignment, require the Registrar to keep a register and index, mandate quarterly confidential returns by hospitals, and restrict who may access reassignment records. They affect people who undergo reassignment, hospitals and treating clinicians, magistrates and the Registrar: applicants pay prescribed fees and must provide medical and counselling affidavits, while the regulations create reporting duties, access exceptions, correction powers and a $2,000 penalty (regs 5–9)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have significantly narrowed in scope from their original purpose. The Legislative History explicitly states these regulations 'continue in force for the purposes of applications for registration of recognition certificates under section 9 of the repealed Sexual Reassignment Act 1988 but for no other purpose.' The Sexual Reassignment Act 1988 was repealed by the Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016, which introduced a different process for gender recognition. These regulations now exist only as a transitional mechanism for handling legacy applications, rather than operating as an active regulatory scheme for new sex reassignment recognitions."},"complexity_factors":["Multiple cross-references to other legislation (Sexual Reassignment Act 1988, Health Care Act 2008, Health Practitioner Regulation National Law, and various interstate Births, Deaths and Marriages Acts)","13 defined terms in the interpretation section, including nested definitions (e.g., 'relevant person' defined within regulation 7)","Complex conditional access rules with 13 separate exceptions in regulation 8(2) and 5 exceptions in regulation 9(2)","Legislative history note indicating transitional/sunset provisions – regulations continue only for limited purposes under a repealed Act","Interaction between state and national law (Health Practitioner Regulation National Law)","Dual forms of recognition certificates depending on whether procedure done in SA or birth registered in SA"],"plain_english_summary":"**What this does:**\nThese regulations set out the practical rules for how people in South Australia can get official recognition that they have changed their sex. They work alongside the Sexual Reassignment Act 1988 (which has since been repealed but still applies to some pending applications).\n\n**Who it affects:**\n- **People who have undergone sex reassignment procedures** – they can apply for a \"recognition certificate\" to have their change of sex officially acknowledged\n- **Medical professionals** – doctors, psychiatrists, and psychologists who must provide sworn statements (affidavits) supporting applications\n- **Hospitals** – must keep confidential records and submit quarterly reports to the government about procedures carried out\n- **The Registrar** – the government official who maintains the official register of sex reassignments\n\n**Key requirements:**\n- **To apply:** You need a doctor's affidavit confirming the procedure, a psychologist/psychiatrist's affidavit (for adults), your birth certificate, and $86\n- **Privacy protections:** Strict rules limit who can access your medical records or register entries – basically only you, your guardian (if you're a child), your treating doctors, or certain officials with proper authority\n- **Fees:** $86 to apply for the certificate, $51.50 to register it\n- **Quarterly reporting:** Hospitals must confidentially report details of procedures to the Minister every three months\n\n**Why it matters:**\nThese regulations create a formal, legal pathway for transgender people to have their affirmed gender recognised by the state. The strict privacy rules are crucial because they protect sensitive medical information from being disclosed improperly. However, note that these regulations are now largely historical – they only continue in force for applications still pending under the old Act, as South Australia moved to a new system in 2016."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the regulations changed from original legislative intent — the full text of the instrument was not returned by the source URL. A 'Page Not Found' error was the only content available."},"complexity_factors":["No legislative text was retrievable — analysis is based only on general knowledge of the instrument's subject matter","The underlying Act (Sexual Reassignment Act 1988 SA) involves intersecting medical, administrative and human rights considerations, which would add complexity to the full regulations if they were accessible","Regulations of this type typically involve defined procedural steps and eligibility criteria, which can be moderately technical","Score is low primarily because insufficient content was provided to assess true complexity"],"plain_english_summary":"The Sexual Reassignment Regulations 2015 (SA) are subordinate rules under the Sexual Reassignment Act 1988 that set the administrative process for legal recognition of a person’s sex/gender in South Australia, including medical certification and the role of panels or authorities. A provided link returned a 404, so the full legislative text was not available for analysis.\n\nThey primarily affect transgender and intersex South Australians and the medical practitioners and officials who handle applications; legal recognition impacts documents, rights and anti‑discrimination protection."}},"importantCases":[],"_links":{"self":"/api/acts/sexual-reassignment-regulations-2015","history":"/api/acts/sexual-reassignment-regulations-2015/history","analysis":"/api/acts/sexual-reassignment-regulations-2015/analysis","conflicts":"/api/acts/sexual-reassignment-regulations-2015/conflicts","importantCases":"/api/acts/sexual-reassignment-regulations-2015/important-cases","documents":"/api/acts/sexual-reassignment-regulations-2015/documents"}}