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Registrar Of Births, Deaths And Marriages

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CASE NOTE ASSIGNMENT:

I INTRODUCTION

Registrar of Births, Deaths and Marriages (NSW) v Norrie (2014) 250 CLR 490 established an express recognition of a person’s sex being other than male or female. Chief Justice Robert French, Justice Ken Hayne, Susan Kiefel, Virginia Bell and Patrick Keane formed the Bench at the High Court of Australia.

II PROCEDURAL HISTORY

Norrie requested a review of the Registrar’s refusal to record her sex as “non-specific” . The Administrative Decisions Tribunal and its Appeal Panel however supported the Registrar’s decision . This judgement was held on the premises that the Registrar had no explicit power to register her sex as any other than that of “male” or “female”, under the presumptions of the Act.

The case was then taken to the Supreme Court of New South Wales under s 119 of the Administrative Decisions Tribunal Act 1997 (NSW) , where the Court decided in Norrie’s favour. It was stated that,
Gender should not be regarded merely as a matter of chromosomes. It is partly a psychological question, one of self-perception, and partly a social question, how society perceives the individual.’
The Court ordered a remittal to the Tribunal, ordering further investigation on Norrie’s specific sex classification. This was done due to the belief that the Act proposed that Norrie might be classified by a category other than male or female, particularly, “intersex”, “transgender” or “androgynous”.

III FACTS

In 1989, Norrie had undertaken a

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