EXPLAINER ON THE REVISED EQUALITY LEGISLATION AMENDMENT (LGBTIQA+) BILL 2023 (NSW)

• the general need for a District Court REMOVING CRUEL AND order to update a child’s legal gender UNNECESSARY BARRIERS TO where at least one parent has not GENDER RECOGNITION provided consent;1 and The Bill amends the Births, Deaths and • The District Court must give notice Marriages Registration Act 1995 to remove the about any application to alter a person’s requirement for surgery on a person’s. [...] People aged 18 years or over The Bill also gives the NSW Registrar power to Persons over 18 years of age born in NSW will correct records of sex when describing the be able to alter their record of sex with a parent-child relationship on a child’s birth statutory declaration and the support of a certificate. [...] through the federal family courts do so in the shadow of the criminal law and may be fearful EQUAL PROTECTION UNDER LAW of being frank with the court regarding the circumstances of the conception of their child. [...] PROTECTING THE BEST INTERESTS OF The Bill will provide equal protection to THE CHILD members of the LGBTIQA+ community by: The Bill maintains the requirement for a • ensuring crimes motivated by hatred or surrogacy arrangement to be altruistic but prejudice towards transgender and makes a minimal change to the Surrogacy Act intersex people are treated in the same 2010 by enlarging the Supreme Cour. [...] disclose without consent) a person’s sexual orientation, CHANGES TO THE LAW OF CONSENT gender history, HIV+ status, variations of sex The Bill initially proposed to change the law characteristics or sex work are a potential form dealing with when children and young people of violence for the purposes of making an and their parents can consent to medical or apprehended violence order (AVO) or denta.