New legal framework for trans and gender diversity in Queensland

The new Births, Deaths, and Marriages Registration Act (The Act) commenced on 24 June 2024. Part 5 of the Act established a new framework to strengthen the legal recognition of trans and gender diverse Queenslanders.

The framework allows for children over 12 years old to change their record of sex with the Registry of Births, Deaths, and Marriages (RBDM). A person aged 16 years and older can apply directly to RBDM to make this change, however, for children aged 12 to 15, there is a pathway available that includes an application to the Childrens Court for approval for RBDM to make the amendment.

Funding is available for a grant of legal assistance to ensure children aged 12 to 15 receive access to legal advice and representation to apply to the Childrens Court and meet the requirements under the new framework.

A grant of legal assistance is available to represent children in child-initiated applications to the Childrens Court (sections 45 and 56 of the BDMR Act) where neither parent or person with parental responsibility consent to the alteration of sex and/or change of name on the child’s registration record.

A grant of legal assistance is also available to represent children in an application to the Childrens Court initiated by one parent or person with parental responsibility on behalf of the child (sections 44 and 55 of the BDMR Act).

For further information, please refer to the Grants Handbook or contact your Grants Team.