Entry #4808: Right to change legal gender in Western Australia

Current Version

Region	Western Australia
Issue	Right to change legal gender
Status	Legal, but requires medical diagnosis
Start Date	Oct 6, 2011
End Date	(none)
Description	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.
Sources	https://database.ilga.org/api/downloader/download/1/AU-WA%20-%20JUD-HC%20-%20AB%20and%20AH%20v.%20Western%20Australia%20(2011)%20-%20OR%20(en).pdf 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

Revision History (12)

3 weeks ago

edited by DaisyGeekyTrans. Adding start date.

Helpful?

	Old Value	New Value (Current)
Start Date	2011	Oct 6, 2011
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://database.ilga.org/api/downloader/download/1/AU-WA%20-%20JUD-HC%20-%20AB%20and%20AH%20v.%20Western%20Australia%20(2011)%20-%20OR%20(en).pdf 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
Sources	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/api/downloader/download/1/AU-WA%20-%20JUD-HC%20-%20AB%20and%20AH%20v.%20Western%20Australia%20(2011)%20-%20OR%20(en).pdf 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

Mar 8, 2025

edited by jadeywadey. sorry i can't read

Helpful?

	Old Value	New Value
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.	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.
Description	Show Difference 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. 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.

Mar 8, 2025

edited by jadeywadey. simplifying description

Helpful?

	Old Value	New Value

Mar 8, 2025

edited by jadeywadey. simplifying description

Helpful?

	Old Value	New Value
Description	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.	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.
Description	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. 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.

Mar 8, 2025

edited by jadeywadey. grammar and phrasing

Helpful?

	Old Value	New Value
Description	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.	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.
Description	Show Difference Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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. 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.

Mar 8, 2025

edited by jadeywadey. i can't read oops

Helpful?

	Old Value	New Value
Value	Legal, but requires surgery	Legal, but requires medical diagnosis
Start Date	2000	2011
Description	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.
Description	Show Difference Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.

Mar 8, 2025

edited by jadeywadey. contradictory status and sources

Helpful?

	Old Value	New Value
Value	Legal, but requires medical diagnosis	Legal, but requires surgery
Description	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.
Description	Show Difference Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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. "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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.

Oct 15, 2023

edited by Nathan. Status correction

Helpful?

	Old Value	New Value
Value	Legal, no restrictions	Legal, but requires medical diagnosis
Description	While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify.	Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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.
Description	Show Difference While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify. Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application 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 is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill 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://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
Sources	Show Difference 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

Aug 17, 2022

edited by Notdog1996

Helpful?

	Old Value	New Value
Description	Western Australia does not require gender reassignment surgery before legally changing gender.	While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify.
Description	Show Difference Western Australia does not require gender reassignment surgery before legally changing gender. While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify.
Sources	https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf	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
Sources	Show Difference https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf 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

Reports (1)
Newer law has been passed "Laws are changing to not require any medical intervention, only a note from your gp or psychologist"
Dec 23, 2022

May 24, 2022

edited by deactivated1886

Helpful?

	Old Value	New Value
Value	Legal, but requires surgery	Legal, no restrictions
Description	Western Australia requires gender confirming surgery but by law it does not have to be comprehensive.	Western Australia does not require gender reassignment surgery before legally changing gender.
Description	Show Difference Western Australia requires gender confirming surgery but by law it does not have to be comprehensive. require gender reassignment surgery before legally changing gender.

Reports (1)
Status is not correct "Surgery is required"
Jun 17, 2022

Apr 22, 2022

edited by JerofDoorhandle

Helpful?

	Old Value (Original)	New Value
Value	Legal, no restrictions	Legal, but requires surgery
Start Date	(unknown)	2000
Description		Western Australia requires gender confirming surgery but by law it does not have to be comprehensive.
Sources		https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf

Aug 13, 2016

created by Ausyk

Helpful?

	Original entry
Status	Legal, no restrictions
Start Date	(unknown)
End Date	(none)
Description	(empty)
Sources	(empty)

Reports (1)
Status is not correct "Medical intervention required, in order for HRT to count it needs to have been for 12 months"
Feb 17, 2020