Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AB v Registrar of Births, Deaths and Marriages [2006] FCA 1071 DISCRIMINATION – applicant, a married person who had undergone sex affirmation surgery, applied for alteration of Birth Register – Registrar refused registration on ground that Pt 4A of Births, Deaths and Marriages Registration Act 1996 (Vic) did not allow such alteration in respect of married persons Held: (i) Section 22(1) of Sex Discrimination Act 1984 (Cth), as limited by s 9(4) and (10), did not apply to Registrar's conduct; and (ii) Had s 22(1) applied, Registrar had refused to provide a "service". WORDS & PHRASES – "service" Births, Deaths and Marriages Registration Act 1996 (Vic) ss 30A, 30C Sex Discrimination Act 1984 (Cth) ss 9(4) and (10), 22(1) Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO South Pacific Hotels Pty Ltd v Trainor (2005) 144 FCR 402 at [19] cited Re Pacific Coal Pty Ltd; Ex Parte Construction, Forestry, Mining and Energy Union (2000) 203 CLR 346 at [209], [211] cited Secretary of State for India v K B Sahaba (1859) 13 Moo PCC 22 at 75, 15 ER 9 at 28-29 cited Queensland v The Commonwealth (1989) 167 CLR 232 at 239 cited Richardson v Forestry Commission (1988) 164 CLR 261 at 295-296 cited Toben v Jones (2003) 129 FCR 515 distinguished IW v City of Perth (1997 191 CLR 1 distinguished Cheshire and Burn's Modern Law of Real Property, 13th ed, at 864 AB v REGISTRAR OF BIRTHS, DEATH AND MARRIAGES VID 1475 OF 2005
HEEREY J
16 August 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1475 OF 2005
BETWEEN: AB
Applicant
AND: REGISTRAR OF BIRTHS, DEATH AND MARRIAGES
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 16 August 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
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