Victorian Consolidated Legislation

Births, Deaths and Marriages Registration Act 1996 - SECT 30B

Statutory declarations by doctors

30B. Statutory declarations by doctors



(1) An application under section 30A must include statutory declarations,
verifying that the applicant has undergone sex affirmation surgery, by-

   (a)  2 doctors; or

   (b)  2 medical practitioners registered under the law of the place where
        the sex affirmation surgery was performed-

who performed the surgery or provided other medical treatment to the applicant
in connection with the applicant's transsexualism. Notes 1. An application
does not need to include these statutory declarations if the applicant has
already obtained an interstate recognition certificate (see subsection (4)).
2. For doctor, see section 4(1).

(2) However, if the sex affirmation surgery was performed outside Australia
and the Registrar considers it is not reasonably practicable for the applicant
to obtain those statutory declarations, the Registrar may instead require that
the application include statutory declarations by 2 persons each of whom is
either-

   (a)  a medical practitioner registered under the law of the place where the
        surgery was performed who will verify that the practitioner has
        examined medical records, that he or she believes to be authentic,
        confirming that the surgery was performed; or

   (b)  a doctor, or medical practitioner registered under the law of an
        Australian State or Territory, who the Registrar considers is
        adequately experienced in treating persons in connection with
        transsexualism and who will verify that the applicant appears to have
        undergone sex affirmation surgery.

(3) A statutory declaration by a medical practitioner registered under the law
of a place outside Australia must be witnessed by a person authorised under
the law of that place to witness statutory declarations.

(4) This section does not apply to an application if the applicant-

   (a)  has been issued with an interstate recognition certificate; and

   (b)  includes that certificate in the application.