Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 4A ACAT leave for certain applications
29E Application by young person for leave to apply for change of given name or sex etc
(1) A young person who is not yet 16 years old may apply to the ACAT for leave to apply to the registrar-general—
(a) under section 19A for registration of a change of any of the person's given names; or
(b) under section 24 for alteration of the record of the person's sex in the registration of the person's birth; or
(c) under section 29A for a recognised details certificate.
(2) A young person may apply to the ACAT for leave under this section only if the person satisfies the relevant requirement mentioned in section 19A (a), section 24 (1) (b) or section 29A (1) (b).
(3) Also, a young person who is not yet 12 years old may apply to the ACAT for leave under this section only if the ACAT is satisfied that—
(a) at least 1 parent, or a person with parental responsibility for the young person, consents to the application being made; and
(b) exceptional circumstances apply to the young person, for example, the young person has socially transitioned their gender identity by showing a definite and consistent gender identity over a reasonable period.
(4) The young person—
(a) must state in the application that they understand the ACAT must give notice about the application to each parent or person with parental responsibility for the young person under section 29F (1) (a); and
(b) may make a submission to the ACAT that they do not want those people to be notified because the young person would be adversely affected.
Note The ACAT must not notify a parent, or a person with parental responsibility for the young person, about the application if doing so could reasonably be expected to adversely affect the young person (see s 29F (1) (b)).
(5) To remove any doubt, a young person who makes an application under this part is not legally incompetent only because of the person's age.
29F Notification about application
(1) Subject to subsection (2), the ACAT—
(a) must take reasonable steps to notify the following people about the application:
(i) each parent or person with parental responsibility for the young person;
(ii) the public advocate; and
(b) must not notify a parent, or a person with parental responsibility for the young person, about the application if doing so could reasonably be expected to adversely affect the young person.
(2) If a young person makes a submission under section 29E (4) (b) about a parent or a person with parental responsibility for the young person being notified about the application—
(a) the ACAT must, after considering the submission, decide if giving notice under subsection (1) (a) (i) could reasonably be expected to adversely affect the young person; and
(b) if the ACAT decides that the young person could not reasonably be expected to be adversely affected by the notification, the ACAT must give the young person a written notice stating—
(i) the reasons for its decision; and
(ii) that the young person may, in writing, withdraw their application before the end of a stated period of at least 14 days after the day the notice is given to the young person; and
(iii) that, if the application is not withdrawn before the end of the stated period, the ACAT will notify each parent or person with parental responsibility for the young person in accordance with subsection (1).
(3) For this section, a young person is not adversely affected by an application if the only reason they are affected is that a parent, or a person with parental responsibility, disagrees with the application and that disagreement causes the young person discomfort.
29G ACAT hearing an application for leave etc
(1) An application for leave under section 29E must not be heard until—
(a) after the end of the stated period under section 29F (2) (b) (ii); or
(b) if the young person confirms, in writing, that they want the application to proceed—after the ACAT receives the written confirmation.
(2) The hearing must be held in private.
(3) A private hearing is taken to be a hearing to which the ACT Civil and Administrative Tribunal Act 2008
, section 39 (Hearings in private or partly in private) applies.
Note Requirements for keeping private hearings secret are set out in the ACT Civil and Administrative Tribunal Act 2008
, s 40.
(4) In addition to the young person, the following people may also make submissions at the hearing in relation to the application, but only about the matters mentioned in section 29H (1):
(a) a parent, or a person with parental responsibility, for the young person;
(b) the public advocate.
(5) To remove any doubt, a person who makes a submission under subsection (4) is not a party to the application.
29H ACAT deciding an application for leave
(1) The ACAT must, by order, grant an application for leave under section 29E if satisfied on reasonable grounds that—
(a) the young person has sufficient decision-making ability to understand the meaning and legal implications of the change; and
(b) the young person believes that the change would better reflect their gender identity.
(2) In deciding the application for leave, it is not relevant for the ACAT to consider whether—
(a) the change is in the best interests of the young person; or
(b) any other requirement under this Act in relation to the change is satisfied.
29I Copy of order for registrar-general
(1) The registrar-general may ask the ACAT, in writing, for a copy of an order made under section 29H in relation to a young person.
(2) The ACAT must, if asked under subsection (1), give the registrar-general a copy of the order.