Entry #14763: Right to change legal gender in Western Australia

Current Version

RegionWestern Australia
IssueRight to change legal gender
StatusLegal, but requires surgery
Start DateApr 12, 2000
End Date2011
DescriptionWestern Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
Sourceshttps://database.ilga.org/australia-lgbti
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_380_homepage.html


Revision History (4)

edited by DaisyGeekyTrans. Adding start date.

Helpful?
0
Old Value New Value (Current)
Start Date2000Apr 12, 2000
Sourceshttps://database.ilga.org/australia-lgbti
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html
https://database.ilga.org/australia-lgbti
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_380_homepage.html
Show Difference
https://database.ilga.org/australia-lgbti https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html https://database.ilga.org/australia-lgbti https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_380_homepage.html

edited by jadeywadey. simplifying description

Helpful?
0
Old Value New Value
DescriptionWestern Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Western Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
Show Difference
Western Australia's Gender Reassignment Act (2000) requires applicants to have: 1. Undergone gender-affirming surgery (Article 15.b.i), 2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), 3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate. 15.b.iii).

edited by jadeywadey. simplifying description

Helpful?
0
Old Value (Original) New Value
DescriptionUnder the Gender Reassignment Act (2000), to amend their gender markers, applicants must apply to the Gender Reassignment Board. Upon examination of the application, the Board verifies that the applicant has undergone gender-affirming surgery (Article 15.b.i), that they have adopted "the lifestyle" and has "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), and that they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Western Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Show Difference
Under the Gender Reassignment Act (2000), to amend their gender markers, applicants must apply to the Gender Reassignment Board. Upon examination of the application, the Board verifies that the applicant has undergone gender-affirming surgery (Article 15.b.i), that they have adopted "the lifestyle" and has "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), and that they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate. Australia's Gender Reassignment Act (2000) requires applicants to have: 1. Undergone gender-affirming surgery (Article 15.b.i), 2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), 3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.

created by jadeywadey

Helpful?
0
Original entry
StatusLegal, but requires surgery
Start Date2000
End Date2011
DescriptionUnder the Gender Reassignment Act (2000), to amend their gender markers, applicants must apply to the Gender Reassignment Board. Upon examination of the application, the Board verifies that the applicant has undergone gender-affirming surgery (Article 15.b.i), that they have adopted "the lifestyle" and has "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), and that they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Sourceshttps://database.ilga.org/australia-lgbti https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html