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Legislative Assembly for the ACT: 1997 Week 14 Hansard (9 December) . . Page.. 4720 ..

MR OSBORNE (continuing):

Mr Speaker, what we are doing goes beyond that, because these records are to be falsified, with the assistance of government. I ask: What other records should we alter in an effort to appease a particular pressure group? I do not doubt that there are people within the community who would like their birth certificates changed, for some other reasons. Some people worry a great deal about getting old. Some people lie about their age. If it makes them feel better, I have no personal problem with them doing that. But I would draw the line at altering the record of their birth, simply to satisfy their desire to be considered young.

What about people who suffer a particularly unhappy marriage that ends in divorce? I know some people who wish there was no record of that particular part of their life and wish they did not have to relive the agony of dredging up a decree absolute in order to get remarried. For these people, it would be a great act of kindness to remove altogether any record of the marriage once that marriage was terminated by the Family Court. But should we do this, Mr Speaker? I say no. Notwithstanding the difficulties some people face with official records, we should not change the records simply because they would prefer that such a record did not exist.

Official records of birth are there for a purpose. One of the things a record of birth is used for is to establish without doubt the identity of a person. An important part of that identity is their sex. Why is sex important? Establishing the sex of a person is important when that person seeks to get married. I do not think it is unreasonable when a man gets married that he have some certainty as to the sex at birth of his intended wife, particularly if the man is interested in having a family. Under this law, a birth certificate could be procured as evidence that his wife was born a woman, when, in fact, that is simply not true. People may argue that people who love each other would be honest with each other, or even that the sex at birth of a person should not matter if both people are in love. I submit that this issue may make a difference to some people and that it is something someone intending to get married has an absolute right to know. I do not particularly expect to get much support for this amendment. However, I do feel that I certainly need to move it. I move:

Page 11, line 14, PART IV - CHANGE OF SEX, omit the Part.

MR MOORE (12.15): Mr Speaker, when I came in here I spoke to Ms Tucker and said that I had seen Mr Osborne's amendment and that I would be reluctant to support it. However, Mr Osborne has put a good argument; and I will be very interested, in due time, to hear the response from the Minister. The argument that has been put by Mr Osborne that carries significant weight with me is the notion that we would effectively be part of falsifying a record. I have no problem with changing the record and ensuring that that record then carries through. Now that Mr Osborne has raised the issue, it is a matter the Minister must answer. I shall be listening to hear how the Minister responds. I had not picked that up on my first reading of the legislation and was inclined to support this legislation. I hope there is a sensible answer to the issues that Mr Osborne has raised. If there is not, then clearly I would have to support his position. I will be listening very carefully to what the Minister has to say on this particular part of the Bill.

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