South Australia
Sexual Reassignment Regulations 2000
under the Sexual Reassignment Act 1988

Contents
1	Short title
4	Interpretation
5	Corresponding laws
6	Applications for recognition certificates
7	Registration of certificates
8	Registers and indexes
9	Regulation of access to reassignment records
10	Periodic returns
Schedule 1—Forms
Schedule 2—Transitional provision
Legislative history

1—Short title
These regulations may be cited as the Sexual Reassignment Regulations 2000.
4—Interpretation
In these regulations—
Act means the Sexual Reassignment Act 1988;
psychiatrist means a medical practitioner who is registered under the Medical Practitioners Act 1983, as a specialist in psychiatry;
psychologist means a person who is registered as a psychologist under the Psychological Practices Act 1973;
Minister means the Minister for the time being administering the South Australian Health Commission Act 1976;
quarter means a period of three months commencing on 1 January, 1 April, 1 July or 1 October in any year;
register—see regulation 8.
5—Corresponding laws
For the purposes of the Act, each of the following laws, as amended or substituted from time to time, is declared to be a corresponding law:
	(a)	Births, Deaths and Marriages Registration Act 1995 of New South Wales;
	(b)	Births, Deaths and Marriages Registration Act 1997 of the Australian Capital Territory;
	(c)	Births, Deaths and Marriages Registration Act 1996 of the Northern Territory;
	(d)	Births, Deaths and Marriages Registration Act 2003 of Queensland;
	(e)	Births, Deaths and Marriages Registration Act 1996 of Victoria;
	(f)	Births, Deaths and Marriages Registration Act 1999 of Tasmania;
	(g)	Gender Reassignment Act 2000 of Western Australia.
6—Applications for recognition certificates
	(1)	An application to a magistrate for the issue of a recognition certificate in respect of a person who has undergone a reassignment procedure must—
	(a)	be made in the form set out in Form 1 in Schedule 1; and
	(b)	be accompanied by—
	(i)	an affidavit, sworn by a medical practitioner, relating to the reassignment procedure that has been carried out and any associated treatment that has been provided to the person; and
	(ii)	if the application relates to an adult—an affidavit, sworn by a psychiatrist or psychologist, relating to the counselling that the person has received in relation to his or her sexual identity; and
	(iii)	a certified birth certificate; and
	(iv)	a fee of $82.50.
	(2)	A recognition certificate will be in the form set out in Form 2 in Schedule 1.
7—Registration of certificates
For the purposes of section 9(3) of the Act, the prescribed fee is $49.25.
8—Registers and indexes
	(1)	The Registrar must keep a register of reassignments of sex.
	(2)	The Registrar must keep an index to the register that enables the Registrar to trace the connection between the entries that are made in the register and the entries that are made or altered in any other register or index under section 9(1)(b) of the Act.
	(3)	Only a relevant person may—
	(a)	require that the register, or the index to the register, be searched; or
	(b)	obtain a copy of, or extract from—
	(i)	an entry in the register or the index to the register; or
	(ii)	an entry in any other register that identifies the person to whom the entry relates as a person whose sex has been reassigned.
	(4)	If the Registrar issues a copy of, or extract from, an entry in a register or index that has been altered by the Registrar under section 9(1)(b) of the Act, the copy or extract must show the entry as altered.
	(5)	However, the Registrar may, on the application of a relevant person, issue to the person a copy of, or extract from, an entry in a register or index that shows an alteration under section 9(1)(b) of the Act.
	(6)	If the Registrar is satisfied that there is an error, omission or misstatement in an entry on the register, the Registrar may correct the entry and make such consequential alterations to any other registers or indexes as the Registrar thinks fit.
	(7)	In this regulation—
a relevant person, in relation to an entry in the register, the index to the register or some other register, means—
	(a)	the person to whom the entry relates; or
	(b)	in the case of an entry relating to a child—the guardian of the child; or
	(c)	a person acting under the authority of an order of the Supreme Court.
9—Regulation of access to reassignment records
	(1)	This regulation applies to the following records kept by a hospital or by a person who carries out, or proposes to carry out, a reassignment procedure or who provides, or proposes to provide, associated treatment:
	(a)	records relating to the mental condition of a person who proposes to undergo, is undergoing, or has undergone a reassignment procedure;
	(b)	records relating to the personal circumstances or lifestyle of such a person;
	(c)	records relating to the procedures or treatment that such a person is to undergo, is undergoing, or has undergone.
	(2)	A person must not inspect, copy or remove a record (or any part of a record) to which this regulation applies unless—
	(a)	the person is the person to whom the record relates; or
	(b)	in the case of a record that relates to a child—the person is the guardian of the child; or
	(c)	the person is acting with the consent of the person to whom the record relates or, in the case of a record that relates to a child, the person is acting with the consent of the guardian of the child; or
	(d)	the person is a medical practitioner or other person who is treating the person to whom the record relates; or
	(e)	the person is acting under the authority of a medical practitioner who is treating the person to whom the record relates; or
	(f)	the person is acting in the course of official duties as an officer or member of the staff of the hospital or other place where the record is being kept; or
	(g)	the person is acting in the course of official duties as an officer or employee of the administrative unit of the Public Service for which the Minister is responsible; or
	(h)	the person is acting under the authority of the Minister for research purposes; or
	(i)	the person is acting under the authority of the Medical Board established under the Medical Practitioners Act 1983; or
	(j)	the person is acting in the course of official duties as a member of a law enforcement or prosecution authority of the State; or
	(k)	the person is acting under an authority given by a court or tribunal constituted by law; or
	(l)	the person is a magistrate authorised under the Act to issue recognition certificates, or is a person acting under the authority of such a magistrate; or
	(m)	the person is otherwise authorised to inspect, copy or remove the record under any Act or law.
Maximum penalty: $2 000.
10—Periodic returns
	(1)	If a person undergoes a reassignment procedure, or part of a reassignment procedure, or receives any associated treatment at a hospital, the hospital must, within one month of the end of the quarter in which the procedure or treatment occurs, provide, in a confidential manner, the following information to the Minister in the form of a return approved by the Minister:
	(a)	the name of the person concerned; and
	(b)	details of the procedure or treatment; and
	(c)	the name of any medical practitioner or other person who carried out or supervised the procedure or treatment; and
	(d)	details of any counselling or other services that were provided in association with the procedure or treatment; and
	(e)	an assessment, as at the end of that quarter, of the stage that has been reached in the person's treatment; and
	(f)	any other information required as a condition of approval under section 6 of the Act.
	(2)	A person must not inspect, copy or remove a return (or a copy of a return) prepared for the purposes of subregulation (1) unless—
	(a)	the person is a medical practitioner or other person who is treating the person to whom the return relates; or
	(b)	the person is acting under the authority of a medical practitioner who is treating the person to whom the return relates; or
	(c)	the person is acting in the course of official duties as an officer or member of the staff of the particular hospital; or
	(d)	the person is acting in the course of official duties as an officer or employee of the administrative unit of the Public Service for which the Minister is responsible; or
	(e)	the person is acting under the authority of the Minister.
Maximum penalty: $2 000.

Schedule 1—Forms

Schedule 2—Transitional provision
Transitional provision
The Register of Reassignments of Sex maintained under the Sexual Reassignment Regulations 1988, revoked by these regulations, forms part of the register under these regulations.

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Sexual Reassignment Regulations 2000 revoked the following:
Sexual Reassignment Regulations 1988
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2000	233	Gazette 14.9.2000 p2016	14.1.2001: r 2	
2001	85	Gazette 31.5.2001 p2027	1.7.2001: r 2	
2002	74	Gazette 20.6.2002 p2558	1.7.2002: r 2	
2003	98	Gazette 29.5.2003 p2256	1.7.2003: r 2	
2004	70	Gazette 27.5.2004 p1497	1.7.2004: r 2 	
2005	14	Gazette 17.3.2005 p657	17.3.2005: r 2 	
2005	115	Gazette 26.5.2005 p1579	1.7.2005: r 2	
2006	160	Gazette 15.6.2006 p1933	1.7.2006: r 2	
2007	108	Gazette 7.6.2007 p2437	1.7.2007: r 2	
2008	111	Gazette 5.6.2008 p2080	1.7.2008: r 2	
2009	98	Gazette 4.6.2009 p2506	1.7.2009: r 2	
2010	143	Gazette 10.6.2010 p2991	1.7.2010: r 2	
2011	131	Gazette 9.6.2011 p2308	1.7.2011: r 2	
2012	103	Gazette 31.5.2012 p2417	1.7.2012: r 2	
2013	103	Gazette 6.6.2013 p2233	1.7.2013: r 2	
2014	160	Gazette 19.6.2014 p2712	1.7.2014: r 2	
2015	158	Gazette 18.6.2015 p2806	1.7.2015: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 5	varied by 14/2005 r 4	17.3.2005	
r 6			
r 6(1)	varied by 85/2001 r 3	1.7.2001	
	varied by 74/2002 r 3	1.7.2002	
	varied by 98/2003 r 4	1.7.2003	
	varied by 70/2004 r 4	1.7.2004	
	varied by 115/2005 r 4	1.7.2005	
	varied by 160/2006 r 4	1.7.2006	
	varied by 108/2007 r 4	1.7.2007	
	varied by 111/2008 r 4	1.7.2008	
	varied by 98/2009 r 4	1.7.2009	
	varied by 143/2010 r 4	1.7.2010	
	varied by 131/2011 r 4	1.7.2011	
	varied by 103/2012 r 4	1.7.2012	
	varied by 103/2013 r 4	1.7.2013	
	varied by 160/2014 r 4	1.7.2014	
r 7	varied by 85/2001 r 4	1.7.2001	
	varied by 74/2002 r 4	1.7.2002	
	varied by 98/2003 r 5	1.7.2003	
	varied by 70/2004 r 5	1.7.2004	
	varied by 115/2005 r 5	1.7.2005	
	varied by 160/2006 r 5	1.7.2006	
	varied by 108/2007 r 5	1.7.2007	
	varied by 111/2008 r 5	1.7.2008	
	varied by 98/2009 r 5	1.7.2009	
	varied by 143/2010 r 5	1.7.2010	
	varied by 131/2011 r 5	1.7.2011	
	varied by 103/2012 r 5	1.7.2012	
	varied by 103/2013 r 5	1.7.2013	
	varied by 160/2014 r 5	1.7.2014	
Historical versions
1.7.2004		
17.3.2005		
1.7.2005		
1.7.2006		
1.7.2007		
1.7.2008		
1.7.2009		
1.7.2010		
1.7.2011		
1.7.2012		
1.7.2013