Government Bulletin - 16 April 2014

On 2 April 2014, the High Court handed down the landmark decision of NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11. This decision recognised that not all human beings can be classified by sex as female or male.

The Births, Deaths and Marriages Registration Act 1995 (NSW) (BDMR Act) allows applications for registration for change of sex when certain conditions are met, including that the person is over 18 years of age, has undergone a sex affirmation procedure and is not married.

The respondent, Norrie was born with male reproductive organs and subsequently underwent a sex affirmation procedure. Norrie did not consider that the surgery resolved her sexual ambiguity. Norrie lodged an application to change her sex to "non-specified". At first the Registrar registered this change, but then registered Norrie's sex as "not stated".

The High Court held that the BDMR Act does not require people who have undergone a sex affirmation procedure to be inaccurately registered as male or female, where they remain of indeterminate sex. The Court's reasoning was based on the BDMR Act itself recognising that there may be ambiguities in sex, thus a non-specific entry of sex can be made.

The decision is expected to have significant ramifications for similarly worded legislation across Australia.

Breaking news

Barry O'Farrell will be resigning from his position of Premier of NSW.

This news follows Mr O'Farrell's evidence at the Independent Commission Against Corruption (ICAC) on 15 April 2014, where Mr O'Farrell denied receiving a $3,000 bottle of 1959 Grange from Nick Di Girolamo, the head of Australian Water Holdings. Australian Water Holdings is a company allegedly linked to the Obeid family.

Mr O'Farrell released a media statement following his evidence at ICAC stating that the "1959 Grange was not received by me or my wife".

At around 10am on 16 April 2014, Counsel Assisting ICAC Geoffrey Watson SC tendered a note from Barry and Rosemary O'Farrell to Nick and Jodie Di Girolamo, thanking the Di Girolamos for their gift of the 1959 Grange.

Shortly afterwards, Mr O'Farrell stated in a press conference that "In no way did I seek to mislead, wilfully or otherwise, the Independent Commission Against Corruption. But this has clearly been a significant memory fail on my part, albeit within weeks of coming to office, but I accept the consequences of my actions. And that is that as soon as I can organise a meeting of the parliamentary Liberal party for next week I will be resigning the position and enabling a new Liberal leader to be elected, someone who will then become the Premier of NSW."

In the media

NSW Premier Barry O'Farrell to resign over 'massive memory fail' at ICAC New South Wales Premier Barry O'Farrell says he will resign owing to a "massive memory fail" when giving evidence to the Independent Commission Against Corruption (ICAC) yesterday (15...