Current Version
| Region | Cocos |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | 2011 |
| End Date | (none) |
| Description | Cocos is under the jurisdiction of Western Australia whose 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. |
| Sources | 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.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cia1955198/s7a.html |
Revision History (1)
created by jadeywadey
Helpful?
1 | Original entry | |
|---|---|
| Status | Legal, but requires medical diagnosis |
| Start Date | 2011 |
| End Date | (none) |
| Description | Cocos is under the jurisdiction of Western Australia whose 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. |
| Sources | 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.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cia1955198/s7a.html |