a law of the Commonwealth, State or Territory prescribed by the regulations for the purpose of the section. The Commission urges the Government to improve substantive equality for everyone regardless of their sexual orientation by amending the Marriage Act to allow for marriage between people of the same sex. However, without amendment of the Marriage Act this new exemption is arguably necessary to protect marriage celebrants and registers of births, deaths and marriages. Record keeping and requests for information The Bill provides for new exemptions for requesting information and keeping records. It will not be unlawful to request information that does not allow for a person to identify as being neither male nor female, and it will not be unlawful to keep records in a way that does not provide for a person to be identified as being neither male nor female. According to the Explanatory Memorandum the rationale for these new exemptions is to ensure there is no requirement to amend forms, because this might be onerous for organisations. It also states that the need for these exemptions may be reconsidered in the future if organisations have revised their data collection and record keeping practices. It is noted that the Government is currently developing guidelines on gender recognition for departments and agencies. The consultation draft of the Australian Government Guidelines on the Recognition of Gender released for comment in March 2013 provides, at paragraph 17: Where sex and/or gender information is collected and recorded in a personal record, individuals should be given the option to select M (male), F (female) or X (Indeterminate/Intersex/Unspecified). This classification is consistent with the passport policy for sex and gender diverse applicants announced in 2011. The Commission acknowledges that an exemption of this nature may be necessary to minimise the regulatory impact of the new protections in the Bill. However, the Commission considers the proposed exemption should apply for a limited time only so as to allow both the public and the private sector to introduce changes to record keeping and information request over a period of time. The Commission recommends the proposed exemption provide that it applies for a specific period of time, such as one or two years from commencement. Conclusion The Commission recommends:
a law of the Commonwealth, State or Territory prescribed by the regulations for the purpose of the section. The Commission urges the Government to improve substantive equality for everyone regardless of their sexual orientation by amending the Marriage Act to allow for marriage between people of the same sex. However, without amendment of the Marriage Act this new exemption is arguably necessary to protect marriage celebrants and registers of births, deaths and marriages. Record keeping and requests for information The Bill provides for new exemptions for requesting information and keeping records. It will not be unlawful to request information that does not allow for a person to identify as being neither male nor female, and it will not be unlawful to keep records in a way that does not provide for a person to be identified as being neither male nor female. According to the Explanatory Memorandum the rationale for these new exemptions is to ensure there is no requirement to amend forms, because this might be onerous for organisations. It also states that the need for these exemptions may be reconsidered in the future if organisations have revised their data collection and record keeping practices. It is noted that the Government is currently developing guidelines on gender recognition for departments and agencies. The consultation draft of the Australian Government Guidelines on the Recognition of Gender released for comment in March 2013 provides, at paragraph 17: Where sex and/or gender information is collected and recorded in a personal record, individuals should be given the option to select M (male), F (female) or X (Indeterminate/Intersex/Unspecified). This classification is consistent with the passport policy for sex and gender diverse applicants announced in 2011. The Commission acknowledges that an exemption of this nature may be necessary to minimise the regulatory impact of the new protections in the Bill. However, the Commission considers the proposed exemption should apply for a limited time only so as to allow both the public and the private sector to introduce changes to record keeping and information request over a period of time. The Commission recommends the proposed exemption provide that it applies for a specific period of time, such as one or two years from commencement. Conclusion The Commission recommends: