FJG v Registrar of Births Deaths and Marriages [2022] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJG v Registrar of Births Deaths and Marriages [2022] NSWCATAD 116 Hearing dates: 19 November 2021 (Submissions closed 20 December 2021) Date of orders: 11 April 2022 Decision date: 11 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Pursuant to s 64(1) (a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicants. (2) Pursuant to s 63 (3) (d) of the Administrative Decisions Review Act 1997, the correct and preferable decision is to set aside the decision of BDM dated 22 March 2021, and remit the matter for reconsideration by the administrator in accordance with the findings of the Tribunal. Catchwords: ADMINISTRATIVE LAW – Marriage – Same sex marriage - Whether NSW Registrar required to register change sex on marriage register – statutory interpretation – correct and preferable decision – regard to most reliable information available to enter in register - discrimination Legislation Cited: Administrative Decisions Review Act 1997 Births Deaths and Marriages Registration Act 1995 Births Deaths and Marriages Registration Regulation 2017 Civil and Administrative Tribunal Act 2013 Commonwealth of Australia Constitution Act 1901 (Cth) Interpretation Act 1987 Marriage Act 1961 (Cth) Miscellaneous Acts Amendment (Marriages) Act 2018 Transgender (Anti Discrimination and Other Acts Amendment) Bill 1996 (NSW) Cases Cited: Afchal v Registrar of Births Deaths and Marriages [2021] NSWCATAD 24 Avery v Registrar of Births Deaths and Marriages [2010] 59 NSWLR 354 Hill v Registrar of Births, Deaths and Marriages [2020] NSWCATAD 259 NSW Registrar of Births Deaths and Marriages v Norrie [2014] HCA 11 Project Blue Sky v Australian Broadcasting Authority (1997) 194 CLR 355 Rodrigues v Registrar Births, Deaths and Marriages [2020] NSWCATAD 267 Texts Cited: Oxford English Dictionary Category: Principal judgment Parties: FJG (First Applicant) FJH (Second Applicant) Registrar of Births Deaths and Marriages (Respondent) Representation: Counsel: E Bennett SC, R McEwan (Applicants)