NSW Registrar of Births, Deaths and Marriages v. Norrie

Lower Court Judgment

31/05/2013 Supreme Court of New South Wales (Court of Appeal) (Beazley ACJ, Sackville AJA, Preston CJofLEC)

[2013] NSWCA 145

Catchwords

Statutes – Interpretation – Births, Deaths and Marriages Registration Act 1995 (NSW) (“the BDMR Act”) – Whether Pt 5A of BDMR Act includes category other than “male” and “female” – Respondent, born male and underwent sexual reassignment surgery, applied to register change of sex to “non-specific” – Application approved but later revoked – Court of Appeal allowed respondent’s appeal subject to evidence whether “non-specific” fell within meaning of “sex” – Whether “sex” has binary meaning – Extent to which Court may permissibly have regard to extrinsic materials.

Constitutional law – Sex Discrimination Act 1984 (Cth) (“the SDA”) – Whether statutory construction favoured by the appellant would place the appellant in breach of s 22 of the SDA.

Short Particulars