28ARegistration of gender identity

### 28A Registration of gender identity > [*\[Section 28A Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-059#GS6@EN) [*\[Section 28A Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS21@EN) > > > (1)  A person who has attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person. > > > (2)  An application under [subsection (1)](#GS28A@Gs1@EN) by a person to have a gender registered in relation to the person – > > > > > > (a) is to be in the approved form; and > > > > > > > (b) is to be accompanied by a gender declaration made by the person; and > > > > > > > (c) is to be accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person. > > > (3)  The parents, or guardians, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person. > > > (4)  One of the parents, or a guardian, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person, if – > > > > > > (a) the applicant is the sole parent named in the registration under this Act of the person's birth; or > > > > > > > (b) the guardian is the sole guardian of the person; or > > > > > > > (c) there is no other surviving parent of the person; or > > > > > > > (d) the registration of the gender in relation to the person is approved by a magistrate under [section 28B(2)(a)](#GS28B@Gs2@Hpa@EN) . > > > (5)  An application under [subsection (3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) to have a gender registered in relation to a person is to be – > > > > > > (a) in the approved form; and > > > > > > > (b) accompanied by – > > > > > > > > > > (i) if the person is able to make a statutory declaration – a gender declaration made by the person; or > > > > > > > > > > > (ii) if the person is not able to make a statutory declaration but is able to express the person's will and preference – a statement from each of the applicants stating that the applicant believes on reasonable grounds that the registration of the gender in relation to the person is consistent with the will and preference of the person; and > > > > > > > (c) accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person. > > > (6)  An application under [subsection (1)](#GS28A@Gs1@EN) , [(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) to have a gender registered in relation to a person who has not attained the age of 18 years may be accompanied by evidence that – > > > > > > (a) the person has undertaken counselling as to – > > > > > > > > > > (i) whether or not the application ought to be made; and > > > > > > > > > > > (ii) the implications of the registration of the gender in relation to the person; and > > > > > > > (b) the counselling was provided by a person, chosen by the applicant, who the applicant considers has suitable qualifications, training or experience to provide such counselling. > > > (7)  An application must not be made under this section in relation to a person within 12 months after a gender has been registered in relation to the person.