Corrective Services Act 2006

A person in the chief executive’s custody, other than a person released on parole, must obtain the chief executive’s written permission before applying—

to alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023; or

for a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023; or

to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or

for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.

Maximum penalty—20 penalty units or 6 months imprisonment.

In deciding whether to give the permission, the chief executive must consider each of the following—

whether the proposed alteration of record of sex or recognised details certificate poses a risk to the good order or security of a corrective services facility;

the safety and welfare of the person and other persons;

whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;

whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.

Subsection (4) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1)(a) in altering the record of sex of the person under the Births, Deaths and Marriages Registration Act 2023.

The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the alteration of record of sex.

Subsection (6) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1)(b) in being issued with a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023.

The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the recognised details certificate.

The chief executive may confiscate a cancelled recognised details certificate.