28CRegistration of gender

### 28C Registration of gender > [*\[Section 28C Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-059#GS6@EN) [*\[Section 28C Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS21@EN) > > > (1)  The Registrar, after receiving an application made under [section 28A(1)](#GS28A@Gs1@EN) , [(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) for a gender to be registered in relation to a person – > > > > > > (a) must – > > > > > > > > > > (i) register the gender as the registered gender in relation to the person by making an entry in the Register specifying the gender to be the registered gender in relation to the person; and > > > > > > > > > > > (ii) make any other changes to the Register that are necessary to indicate that each previous registered sex, and each previous registered gender, of the person is no longer the registered sex or registered gender in relation to the person; or > > > > > > > (b) must refuse to register the gender as the registered gender in relation to the person. > > > (2)  The Registrar may only register under [subsection (1)](#GS28B@Gs1@EN) a gender as the registered gender in relation to a person in accordance with an application made under [section 28A(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) if the Registrar is satisfied that – > > > > > > (a) the gender to be registered in relation to the person is consistent with the will and preference of the person; or > > > > > > > (b) the person is unable to understand the meaning and implications of the registration of the gender in relation to the person. > > > (3)  The Registrar may, before determining under [subsection (1)](#GS28C@Gs1@EN) an application made under [section 28A(1)](#GS28A@Gs1@EN) , [(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) , require a person who made the application to provide to the Registrar the further documents or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, that relates to the sex, sexual characteristics or gender of the person to whom the application relates. > > > (4)  Despite [subsection (3)](#GS28C@Gs3@EN) , the Registrar may, before determining under [subsection (1)](#GS28C@Gs1@EN) an application made under [section 28A(1)](#GS28A@Gs1@EN) , [(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) in relation to a person, require the applicant to provide to the Registrar appropriate evidence of counselling of the person, if – > > > > > > (a) the person has not attained the age of 18 years; and > > > > > > > (b) the application is not accompanied by evidence under [section 28A(6)](#GS28A@Gs6@EN) of counselling being provided by a person who the Registrar considers is a person with suitable qualifications, training or experience to provide such counselling. > > > (5)  For the purposes of [subsection (4)](#GS28C@Gs4@EN) , appropriate evidence of counselling of the person is evidence that – > > > > > > (a) the person has undertaken counselling as to – > > > > > > > > > > (i) whether or not the application to register a gender 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, agreed to by the Registrar and the applicant, who the Registrar considers has suitable qualifications, training or experience to provide such counselling. > > > (6)  If the Registrar determines under [subsection (1)](#GS28C@Gs1@EN) an application made under [section 28A(1)](#GS28A@Gs1@EN) , [(3)](#GS28A@Gs3@EN) or [(4)](#GS28A@Gs4@EN) by refusing to register a gender as the registered gender in relation to a person – > > > > > > (a) the Registrar must record the Registrar's reasons for the refusal; and > > > > > > > (b) the Registrar must provide, to the person who made the application, the Registrar's reasons for the refusal; and > > > > > > > (c) the person who made the application may make an application under [section 53](#GS53@EN) in relation to the decision. > > > (7)  If a gender is registered as the registered gender in relation to a person under [subsection (1)](#GS28C@Gs1@EN)  – > > > > > > (a) any registered sex that was previously registered in relation to the person ceases to be the registered sex in relation to the person; and > > > > > > > (b) any registered gender that was previously registered in relation to the person ceases to be the registered gender in relation to the person.