Norrie v Registrar of Births, Deaths and Marriages (GD) [2011] NSWADTAP 53

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Norrie v Registrar of Births, Deaths and Marriages (GD) [2011] NSWADTAP 53 Hearing dates: 26 August 2011 Decision date: 29 November 2011 Jurisdiction: Appeal Panel - Internal Before: Magistrate N Hennessy, Deputy President K Fitzgerald, Judicial Member J Schwager, Non-Judicial Member Decision: 1. The appellant's application for leave for the appeal to extend to the merits of the Tribunal's decision is refused. 2. The Tribunal's decision is affirmed. Catchwords: APPEAL - appeal on question of law - meaning of "change of sex" in Births Deaths and Marriages Registration Act -whether sex can be changed from "male" to "not specified" or whether sex can only be changed from "male" to "female" or from "female" to "male" Legislation Cited: Administrative Decisions Tribunal Act 1997 Births Deaths and Marriages Registration Act 1995 Interpretation Act 1987 Cases Cited: Goodricke v Comcare [2011] FCA 694 OV & OW v Members of the Board of the Wesley Mission Council [2010] NSWCA 155 Craig Williamson Pty Ltd v Barrowcliff [1915] VLR 450 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Moyna v Secretary of State for Work and Pensions [2003] 1 WLR 1929 R v Harris (I988) 17 NSWLR 159 IW v City of Perth [1997] HCA 30; (1997) 146 ALR 696 AB v State of Western Australia [2011] HCA 42 Secretary, Department of Social Security v SRA (1992) 118 ALR R v Harris (1988) 17 NSWLR 159 In Re Kevin (Validity of Marriage of Transsexual) [2001] FamCA 1074 Re M (1924) 26 WALR 115 Texts Cited: DC Pearce & RS Geddes, Statutory Interpretation in Australia 6th edition Category: Principal judgment Parties: Norrie (Appellant) Registrar of Births Deaths and Marriages (Respondent) Representation: Counsel A Abadee (Appellant) C Spruce (Respondent) Crown Solicitors Office (Respondent) File Number(s): 119024 Decision under appeal Citation: [2011] NSWADT 102 Date of Decision: 2011-05-13 00:00:00 Before: General Division File Number(s): 103077