Transgender rights in Australia

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Transgender rights in Australia enjoy legal recognition and protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction.[1] For example, birth certificates and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.[2]

Changing legal gender assignment for federal purposes such as Medicare and passports requires only a letter from a treating medical practitioner.[2] By contrast, most states and territories impose additional requirements for gender recognition that have been criticised by the Australian Human Rights Commission and LGBT advocates.[2] This includes requiring the person to undergo sexual reassignment surgery and, in most jurisdictions until 2018, to divorce if married.[1] Advocates argue that marital status and surgery requirements are irrelevant to the recognition of a person's sex or gender identity, and instead should rely on their self-identification.[2][3] The legalisation of same-sex marriage in 2017 had the effect of removing the requirement to divorce if one was already married. This takes effect on 9 December 2018 unless the state or territory government has already removed this requirement beforehand.[4]

Gender reassignment surgery is available in Australia with the costs of some, but not all, treatments for transgender people covered by the national Medicare public health scheme. Between 2004 and 2017 transgender children required approval from the Family Court of Australia before being prescribed hormone treatment, although a series of rulings in 2013 and 2017 removed the need for court approval of puberty blockers and cross-sex hormone therapy where there is no dispute between a child, their parents and their treating doctors.[5]

History[edit]

Following the widespread newspaper reports of the successful sex change operations of Christine Jorgensen in December 1952 and Roberta Cowell in March 1954, the first reported case of an Australian undertaking a sex change operation was an ex-RAAF Staff Sergeant Robert James Brooks in February 1956.[6]

In 1975, the Gender Dysphoria Clinic at Queen Victoria Hospital Melbourne was established by Dr Trudy Kennedy and Dr Herbert Bower. The clinic later moved in the Monash Medical Centre in 1989 and closed surgeries in 2009; however it continues to provide mental health assessments and referrals as the Monash Health Gender Clinic. [7]

In 1979 Australia's first transgender rights and advocacy organisations were established, the Melbourne-based Victorian Transsexual Coalition and the Victorian Transsexual Association; these were followed in 1981 by the Sydney-based Australian Transsexual Association, which included prominent activist, academic and author Roberta Perkins.

In 1987, Estelle Asmodelle became possibly Australia's first legally recognized post operative transgender person with the Births, Deaths and Marriages Department of New South Wales,[8] and her transition helped gain recognition for transgender people in Australia.[9] This was the first time in Australian legal history that a transgender Australian was permitted to change their birth certificate to a different sex.[10] Soon afterwards the passport laws also changed to allow the sex on passports to be changed

Identification documents[edit]

Issues[edit]

Forced divorce[edit]

Traditionally, all states and territories required a person to be single before changing the sex recorded on their birth certificate, which meant divorcing their spouse if the person was married.[11] This was to prevent a same-sex marriage arising after the person's transition to the same sex as their partner, which would contradict the Commonwealth law prohibiting same-sex marriage in Australia before 2017.[11][12][13]

To prevent married transgender people challenging the "forced divorce" requirement on the basis that it discriminated against their marital status in breach of the Sex Discrimination Act, in 2011 the Gillard Government introduced an exemption in section 40(5) of that Act allowing a State or Territory "to refuse to make, issue or alter an official record of a person’s sex if a law of a State or Territory requires the refusal because the person is married".[14][15]

Despite the exemption, both Australian Capital Territory and South Australia changed birth certificate sex markers for married transgender people before the introduction of same-sex marriage, with the latter repealing its "forced divorce" law in 2016.[16] Legislation abolishing forced transgender divorce was also introduced in 2014 in Tasmania but has not passed. In 2017 the United Nations Human Rights Committee upheld[17] a New South Wales woman's objection to her state's forced divorce law, finding it violated articles 17 and 26 of the International Covenant on Civil and Political Rights.[18][19][20] New South Wales ended its forced divorce requirement in 2018.[21]

The section 40(5) exemption was repealed by the law legalising same-sex marriage in Australia, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which will make it unlawful for Australian states and territories to require a transgender person to divorce before changing the sex on their birth certificate.[22] However, the repeal does not come into effect until 12 months from the legalisation of same-sex marriage - that is, until 9 December 2018 - to give states and territories time to abolish the "forced divorce" requirement from their birth certificate laws.[13]

Medical requirements[edit]

In 2014 the Australian Capital Territory abolished the sex reassignment surgery requirement for a change of sex on birth certificates,[23][24] after a 2013 Law Reform Advisory Council report called it "inhumane".[25]

In 2014 trans man Paige Phoenix challenged the Victorian requirement for surgery on the basis that it would be potentially life-threatening, making a complaint to the Human Rights Commission and United Nations.[26]

South Australia abolished the surgery requirement in December 2016, while a similar proposal in Victoria failed in the Legislative Council by one vote.[27]

Western Australia formerly required sterilisation prior to approving a change in sex classification. This requirement was overturned when the High Court ruled, in the 2012 case of AB v Western Australia, that two transgender men who had undergone mastectomies and hormone treatment did not need to undergo sterilisation to obtain a WA gender recognition certificate.[28]

Non-binary gender recognition[edit]

Norrie May-Welby is a Scottish-Australian who became the first transgender person in Australia to publicly pursue a legal status of neither a man nor a woman. That status was subject to appeals by the State of New South Wales.[29]

In April 2014, the High Court of Australia unanimously ruled in a case titled NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11[30][31] that, having undergone sex affirmation surgery, androgynous person Norrie was to be registered as neither a man nor a woman with the NSW Registry of Births, Deaths and Marriages.[32] The decision follows previous regulations and legislation that recognises a third gender classification, and establishes that Australia's legal system recognises and permits the gender registration of 'non-specific', as the judges found in the Norrie case.[32]

The Australian Capital Territory's 2014 birth certificate law amendments also allowed people to register as male, female or "X" regardless of whether they had undertaken any surgery.[23] Victoria's failed 2014 proposal had a similar approach.[33]

Birth certificates by state[edit]

Jurisdiction Change of sex on birth certificates Sex reassignment surgery optional? Forced divorce abolished? Non-binary gender recognised? Anti-discrimination laws concerning gender identity
New South Wales and Norfolk Island Yes No Yes[34] Yes Yes
Australian Capital Territory Yes Yes Yes Yes Yes
South Australia Yes Yes Yes Yes Yes
Western Australia Yes Yes [35] No (Bill pending)[36] No Yes
Victoria Yes No Yes (On or before 12 October 2018[37]) No Yes
Queensland Yes No Yes[38][39] No Yes
Tasmania Yes No No No Yes
Northern Territory Yes No No No Yes

Birth certificates are issued by states and territories. In many states, sterilisation is (or has been) required for transgender people to obtain recognition of their preferred gender in cardinal identification documents.

Australian Capital Territory[edit]

In 2014, the Australian Capital Territory passed legislation that removed the surgery requirement for changing the sex marker on birth certificates.[40] In 2016 the ACT introduced a new identity document for transgender people who were born outside the Territory to use as their proof of gender instead of a birth certificate.[41]

New South Wales[edit]

The New South Wales Registry of Births Deaths & Marriages requires that transgender people must have "undergone a sex affirmation procedure".[42]

South Australia[edit]

In December 2016, South Australia became the first state to remove the surgery requirement for a change of sex on birth certificates.[27]

Passports[edit]

The Australian Government Guidelines on the Recognition of Sex and Gender, which took effect from 1 July 2013, enable any adult to choose to identify as male, female or X. Documentary evidence must be provided from a doctor or psychologist, but no medical intervention is required.[43]

Alex MacFarlane was reported as receiving a passport with an 'X' sex descriptor in early 2003. MacFarlane achieved this after using an indeterminate birth certificate that was issued by the State of Victoria.[44][45][46] Australian government policy between 2003 and 2011 was to issue passports with an 'X' marker only to people who could "present a birth certificate that notes their sex as indeterminate"[1][47]

In 2011, the Australian Passport Office introduced new guidelines for issuing of passports with a new gender, and broadened the availability of the X descriptor to all individuals with documented "indeterminate" sex.[48][49] The revised policy stated that "sex reassignment surgery is not a prerequisite to issue a passport in a new gender. Birth or citizenship certificates do not need to be amended."[50]

Gender dysphoria treatment[edit]

Access by children[edit]

Medical treatment for minors with gender dysphoria experiencing puberty is generally divided into two stages:[51]

Transgender Australians are generally not eligible for sexual reassignment surgery until they turn 18 years old.[53]

Medical treatment is available to a child who has been diagnosed with gender dysphoria.[52] A diagnosis requires that the child feels and verbalises a strong desire to have a different gender for at least six months.[51]

A number of requirements must be satisfied in order for a transgender child to receive treatment. Stage 1 treatment in Australia is provided in accordance with the Endocrine Society's Clinical Practice Guideline "Endocrine Treatment of Transsexual Persons"[54] and involves:[52][53]

  • a standardised assessment of psychological development by two independent child and adolescent psychiatrists
  • a formal assessment of the child’s gender identification and capacity to understand the proposed treatment
  • an assessment by a paediatric endocrinologist to establish the child’s pubertal stage and exclude disorders of sex development
  • discussions between the paediatric endocrinologist, the child and their parents about the effects and risks of blocking puberty
  • (if there is any disagreement between the child, a parent or the medical practitioner about the treatment) legal authorisation from the Family Court of Australia

Access to Stage 2 treatment requires the following:[52]

  • consensus among a team of medical practitioners (a paediatrician, a fertility expert and two mental health professionals of whom at least one must be a psychiatrist) that the treatment is in the best interests of the child
  • (if there is any disagreement between the child, a parent or the medical practitioner about the treatment) legal authorisation from the Family Court of Australia

Court involvement[edit]

In the 2004 case Re Alex : Hormonal Treatment for Gender Identity Dysphoria[55] the Family Court of Australia held that both Stage 1 and Stage 2 treatments for gender dysphoria were non-therapeutic "special medical procedures" for the purposes of the Family Law Act 1975, which meant that even if a child's parents consented, the Family Court's approval was necessary to ensure the child's welfare was protected. This was based on the principles of Marion's Case, in which the High Court of Australia ruled that parental consent was insufficient for "special medical procedures", and instead court approval was necessary to ensure they were in the best interests of the child.[56] After that case, the Family Court heard an increasing number of applications for child gender dysphoria treatment.[51]

This approach was relaxed in several 2013 judgments,[57][58] which were approved by the Full Court of the Family Court in Re Jamie.[59] In these cases, the judges accepted that the medical treatments were therapeutic in nature and that parents could consent to Stage 1 treatment for their child without court oversight.[51] Court approval would only be necessary for Stage 1 treatment if there was a disagreement between the child, their parents or the treating doctors about the treatment.[60]

In these cases, the Family Court established what is referred to as the child's Gillick competence; in other words, whether the child is in a position to consent to the treatment by fully understanding its nature, effects and risks.[61] If the Court found the child to be Gillick-competent, the child's wishes must be respected. If not, the Court would then decide whether the proposed treatment is in the child's best interests.[62]

Australia was the only country in the world to require court involvement in the process.[63] Several families with transgender children called for the Family Court's role to be abolished, given that the legal process merely "rubber stamped" the expert opinions of medical practitioners and imposed significant financial and emotional costs on applicants.[61] The legal process cost about $30,000 in 2016.[61] Opponents of court involvement also indicated that some transgender teenagers were risking their lives sourcing cross-sex hormones on the black market due to the cost and delays caused by the legal process.[63]

In 2016, Family Court Chief Justice Diana Bryant acknowledged the difficulties of the existing process and promised it would be simplified.[64] Bryant had earlier suggested in 2014 that the High Court of Australia should reconsider the case law requiring court supervision for the medical treatment of transgender children.[65] As recently as late 2016 a spokesperson for the Attorney-General's office said the government was “actively considering options” for reform.[66]

On 30 November 2017, the Full Court of the Family Court issued a ruling which removed the court's involvement in the hormone replacement therapy process for children where both the family and medical staff agreed. The case, known as Re Kelvin, was brought by a father of a 16-year old transgender child, who asked the court to consider whether previous case law requiring the court process for unopposed applications should be overturned. The case had several interveners, most of which agreed the court's role should be removed from the process unless there was a disagreement.[5][67][68]

Access by adults[edit]

Gender reassignment surgery is available in Australia with the costs of some, but not all treatments for trans people covered by the national Medicare public health scheme.[69] Trans advocates have campaigned for full Medicare funding for various treatments that may be currently be unaffordable for transgender people, such as breast surgery, facial surgery and hormone treatments, among others.[69] Few Australian medical staff have expertise in trans issues, particularly in rural areas,[70] leading to many transgender Australians to travel overseas for surgery to countries such as Thailand.[69] Members of the transgender community have also called for greater access to mental health services given the increased demand, with delays of 12 to 18 months recorded in Victoria for access to necessary psychological and psychiatric services before hormone therapy can be accessed.[71]

Discrimination protections[edit]

Federal law protections[edit]

Prior to 1 August 2013 Australia did not comprehensively outlaw discrimination based on gender identity at the federal level. In late 2010, the Gillard Labor Government announced a review of federal anti-discrimination laws, with the aim of introducing a single equality law that would also cover sexual orientation and gender identity.[72] This approach was abandoned and instead on 25 June 2013, the Federal Parliament added marital or relationship status, sexual orientation, gender identity and intersex status as protected attributes to the existing Sex Discrimination Act by passing the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.

From 1 August 2013, discrimination against transgender and gender diverse people, and all LGBTI people, became illegal for the first time under national law. Aged care providers who are owned by religious groups will no longer be able to exclude people from aged care services based on their LGBTI or same-sex relationship status. However, religious owned private schools and religious owned hospitals are exempt from gender identity and sexual orientation provisions[73] in the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.[74]

State and territory law protections[edit]

Aside from Commonwealth (i.e. federal) anti-discrimination laws, each of the states and territories have their own laws which protect LGBTI people from discrimination.

School anti-bullying programs[edit]

The Safe Schools Coalition Australia has sought to combat anti-LGBTI abuse or bullying, which research suggested was prevalent across Australian schools.[75] Initially established in Victorian schools in 2010,[76] the program was launched nationwide in 2014 under the Abbott Government.[77] The program received support from a majority of state governments, LGBTI support groups and other religious and non-governmental organisations such as beyondblue,[78] headspace and the Australian Secondary Principals Association.[79]

However, the program faced criticism in 2015 and 2016 from social conservatives including the Australian Christian Lobby, LNP politicians such as Cory Bernardi, George Christensen, Eric Abetz, Malcolm Turnbull, Tony Abbott, Kevin Andrews, and former Labor Senator Joe Bullock for indoctrinating children with "Marxist cultural relativism"[75] and age-inappropriate sexuality and gender concepts in schools,[80] while others criticised the Marxist political views of Roz Ward, a key figure in the program.[75][81][82] Petitions were also delivered against the program by members of Australia's Chinese and Indian communities.[83]

The concerns led to a review under the Turnbull Government, which implemented a number of changes such as restricting the program to high schools, removing role playing activities and requiring parental consent before students take part.[84] The federal changes were rejected by the governments of Victoria and the Australian Capital Territory, who persisted with the original program and announced they would fund it independently of the federal government.[85] Funding for the federal program has since been allowed to lapse.[86]

Marriage[edit]

In the 2001 case of Re Kevin – validity of marriage of transsexual, the Family Court of Australia held that a post-operative transsexual person could be recognised as their new gender for the purposes of marriage.

See also[edit]

References[edit]

  1. ^ a b c "Concluding paper of the sex and gender diversity project". Sex Files: the legal recognition of sex in documents and government records. Australian Human Rights Commission. March 2009. Archived from the original on 17 September 2016. Retrieved 8 September 2016. 
  2. ^ a b c d McAvan, Emily (12 August 2016). "Why Australia's gender recognition laws need to change". Special Broadcasting Service. Archived from the original on 20 December 2016. Retrieved 12 December 2016. 
  3. ^ Gleeson, Hayley (7 April 2016). "Gender identity: Legal recognition should be transferred to individuals, Human Rights Commission says". Australian Broadcasting Corporation. Archived from the original on 19 September 2016. Retrieved 8 September 2016. 
  4. ^ "What do the same-sex marriage laws actually say?". News.com.au. 9 December 2017. Archived from the original on 9 December 2017. People who changed genders were previously unable to change sex on birth certificates and other official documentation if they were married, as state or territory governments could refuse to do this as it could be seen as facilitating a same-sex union. Many transgender people were forced to divorce if they wanted to officially change gender. From December 9 [2018], state and territory governments will no longer be able to block changes to birth certificates and other documents. 
  5. ^ a b Lane Sainty (30 November 2017). "Transgender Teens Can Now Access Treatment Without Going To Court, Following Landmark Decision". BuzzFeed. Archived from the original on 11 December 2017. 
  6. ^ Ex-RAAF man wants to change his sex, Mirror (Perth, WA), Saturday 25 February 1956, Page 5
  7. ^ "Gender Clinic". Monash Health. Archived from the original on 4 January 2018. Retrieved 4 January 2018. 
  8. ^ The Daily Mirror (Australia) Newspaper 13 October 1987
  9. ^ Highlands Post Newspaper 10 January 1986
  10. ^ Rhodes (7 September 2017). "8 hard-won rights for LGBTI Australians". Museum of Australian Democracy at Old Parliament House. Old Parliament House. Archived from the original on 12 September 2017. Retrieved 23 October 2017. 
  11. ^ a b Bishop, Caitlin (21 June 2017). "Transgender men and women in Australia are forced to divorce if they want a new birth certificate". Mamamia. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  12. ^ Silva, Christiana (10 January 2018). ""Forced divorce" laws for transgender people undermine Australia's same-sex marriage legalization". Newsweek. Newsweek LLC. Archived from the original on 16 January 2018. Retrieved 16 January 2018. 
  13. ^ a b Sainty, Lane (10 January 2018). "Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender "Forced Divorce" Laws". BuzzFeed. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  14. ^ "Sex and Age Discrimination Legislation Amendment Bill 2011 - Explanatory Memorandum". ParlInfo. Parliament of Australia. Archived from the original on 17 September 2015. Retrieved 16 January 2018. This Item will amend section 40 to include an exemption to preserve the operation of State and Territory laws regarding official records of a person’s sex. 
  15. ^ "Legislative Tracker: Sex and Age Discrimination Legislation Amendment Bill 2011". ParlInfo. Parliament of Australia. Archived from the original on 19 April 2017. Retrieved 16 January 2018. 
  16. ^ Hirst, Jordan (10 January 2018). "Calls For State Premiers To Scrap 'Forced Transgender Divorce' Laws - QNEWS". QNews. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  17. ^ "G v Australia" (PDF). Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning communication No. 2172/2012. United Nations Human Rights Committee. Archived (PDF) from the original on 27 June 2017. Retrieved 16 January 2018. 
  18. ^ Gerber, Paula (27 June 2017). "Even the UN rejects Australia's stance on transgender married couples". The Guardian. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  19. ^ Sainty, Lane (20 June 2017). "A Married Transgender Woman Fighting For A New Birth Certificate Won The Backing Of The UN". BuzzFeed. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  20. ^ Hirst, Jordan (10 January 2018). "Calls to end forced divorce for trans partners in Australia". Star Observer. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  21. ^ Barber, Laurence (7 June 2018). "NSW ends forced divorce requirement for trans people". Star Observer. Retrieved 7 June 2018. 
  22. ^ "Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Explanatory Memorandum". ParlInfo. Parliament of Australia. Archived from the original on 28 February 2018. Retrieved 16 January 2018. Commencement will be delayed for 12 months in order to provide states and territories with such laws with an opportunity to amend their legislation, and associated policies and procedures, to allow people who are married to change the sex marker on their official records. 
  23. ^ a b Lawson, Kirsten (17 March 2014). "Transgender people will be able to alter birth certificates". Canberra Times. Fairfax Media. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  24. ^ "ACT to make it easier for transgender people to alter birth certificate". ABC News. Australian Broadcasting Corporation. 17 March 2014. Archived from the original on 5 May 2014. Retrieved 16 January 2018. 
  25. ^ "Australia: Trans and intersex inclusive birth certificate amendments considered by lawmakers". PinkNews. Archived from the original on 17 January 2018. Retrieved 16 January 2018. 
  26. ^ Gregoire, Paul (13 November 2014). "Australia's Antiquated Gender Reassignment Laws Make Life Worse for Trans People". Vice. Archived from the original on 16 January 2018. Retrieved 16 January 2018. 
  27. ^ a b "Landmark Transgender Rights Bill Passes in South Australia, Nixed in Victoria". BuzzFeed. 6 December 2016. Archived from the original on 6 December 2016. 
  28. ^ "Human Rights Commission, AB v Western Australia" (PDF). Archived (PDF) from the original on 23 October 2016. Retrieved 4 January 2018. 
  29. ^ "Norrie May-Welby's battle to regain status as the world's first legally genderless person" Archived 10 November 2013 at the Wayback Machine., Daily Life Australia. 8 November 2013
  30. ^ NSW Registrar of Births, Deaths and Marriages v Norrie: Case summary [2014] HCASum 10 Archived 11 April 2014 at the Wayback Machine. High Court (Australia).
  31. ^ NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11, (2014) 250 CLR 490 (2 April 2014), High Court (Australia).
  32. ^ a b "Neither man nor woman: Norrie wins gender appeal". The Sydney Morning Herald. Archived from the original on 1 November 2014. Retrieved 26 July 2015. 
  33. ^ Davey, Melissa (18 August 2016). "Gender-diverse Victorians to be given greater freedom to change birth certificates". The Guardian. Archived from the original on 16 January 2018. Retrieved 16 January 2018. 
  34. ^ "Miscellaneous Acts Amendment (Marriages) Bill 2018" (PDF). 
  35. ^ "Information for those seeking a gender reassignment recognition certificate" (PDF). 
  36. ^ "Gender Reassignment Amendment Bill 2018" (PDF). 
  37. ^ "Justice Legislation Amendment (Access to Justice) Act 2018" (PDF). 
  38. ^ [1]
  39. ^ "View - Queensland Legislation - Queensland Government". www.legislation.qld.gov.au. Archived from the original on 11 March 2018. Retrieved 11 March 2018. 
  40. ^ "ACT to make it easier for transgender people to alter birth certificate". Australian Broadcasting Corporation. ABC News. Archived from the original on 5 May 2014. Retrieved 4 July 2014. 
  41. ^ Lawson, Kirsten (16 February 2016). "New gender non-specific birth certificates for the ACT". Canberra Times. Fairfax Media. Archived from the original on 31 July 2017. Retrieved 16 January 2018. 
  42. ^ "Change of sex". New South Wales Registry of Births Deaths & Marriages. Archived from the original on 29 October 2015. 
  43. ^ "Australian Government Guidelines on the Recognition of Sex and Gender". Archived from the original on 1 July 2015. Retrieved 26 July 2015. 
  44. ^ "X Marks the Spot for Intersex Alex". West Australian. Perth. 11 January 2003. 
  45. ^ Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341. doi:10.1080/09505430802280784. Archived from the original on 31 December 2014. Retrieved 26 July 2015. 
  46. ^ Dow, Steve (27 June 2010). "Neither man nor woman". The Sydney Morning Herald. FairfaxMedia. Archived from the original on 24 April 2016. Retrieved 21 December 2016. 
  47. ^ Carpenter, Morgan (12 January 2013). "Ten years of 'X' passports, and no protection from discrimination - OII Australia - Intersex Australia". OII Australia - Intersex Australia. Archived from the original on 3 January 2017. Retrieved 21 December 2016. 
  48. ^ "Getting a passport made easier for sex and gender diverse people". The Hon Kevin Rudd MP. 14 September 2011. Archived from the original on 19 November 2011. Retrieved 23 December 2011. 
  49. ^ On Australian passports and "X" for sex Archived 2 November 2013 at the Wayback Machine., Organisation Intersex International (OII) Australia, 9 October 2011
  50. ^ "Sex and Gender Diverse Passport Applicants". Department of Foreign Affairs and Trade. Australian Government. Archived from the original on 19 October 2011. Retrieved 23 December 2011. 
  51. ^ a b c d Smith, Malcolm K.; Mathews, Ben (1 January 2015). "Treatment for gender dysphoria in children: the new legal, ethical and clinical landscape". Medical Journal of Australia. 202 (2). ISSN 0025-729X. Archived from the original on 14 September 2016. 
  52. ^ a b c d e Kelly, Fiona (2 September 2016). "Explainer: what treatment do young children receive for gender dysphoria and is it irreversible?". The Conversation. Archived from the original on 3 September 2016. Retrieved 7 September 2016. 
  53. ^ a b Hewitt, Jacqueline K.; Paul, Campbell; Kasiannan, Porpavai; Grover, Sonia R.; Newman, Louise K.; Warne, Garry L. (1 January 2012). "Hormone treatment of gender identity disorder in a cohort of children and adolescents". Medical Journal of Australia. 196 (9). ISSN 0025-729X. Archived from the original on 28 August 2016. 
  54. ^ Hembree, Wylie C; Peggy Cohen-Kettenis; Henriette A. Delemarre-van de Waal; Louis J. Gooren; Walter J. Meyer, III; Norman P. Spack; Vin Tangpricha; Victor M. Montori (2009). "Endocrine Treatment of Transsexual Persons:An Endocrine Society Clinical Practice Guideline". The Journal of Clinical Endocrinology & Metabolism. 94 (9): 3132. doi:10.1210/jc.2009-0345. 
  55. ^ Re Alex : Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297, (2004) F.L.C. 93-175 (13 April 2004), Family Court (Australia)
  56. ^ "The legal history of gender dysphoria in Australia". SciMex. Science Media Exchange. 4 May 2016. Archived from the original on 27 March 2017. Retrieved 10 September 2016. 
  57. ^ Re: Lucy (Gender Dysphoria) [2013] FamCA 518 (12 July 2013), Family Court (Australia)
  58. ^ Re Sam and Terry [2013] FamCA 563 (31 July 2013), Family Court (Australia)
  59. ^ Re: Jamie [2013] FamCAFC 110 (31 July 2013), Family Court (Full Court) (Australia)
  60. ^ Strickland, The Hon Justice. "To Treat Or Not To Treat: Legal Responses to Transgender Young People Revisited" (PDF). Association of Family and Conciliation Courts Australian Chapter Conference Sydney, Australia, 14–15 August 2015. Family Court of Australia. p. 9. Archived (PDF) from the original on 16 March 2016. Retrieved 7 September 2016. 
  61. ^ a b c "Families with transgender children gather in Canberra to lobby for hormone treatment law changes". Australian Broadcasting Corporation. 22 February 2016. Archived from the original on 28 August 2016. Retrieved 7 September 2016. 
  62. ^ Bell, Felicity. "Children with Gender Dysphoria and the Jurisdiction of the Family Court". University of New South Wales Law Journal. 38 (2). Archived from the original on 27 March 2017. 
  63. ^ a b Cohen, Janine (15 August 2016). "Transgender teenagers 'risking lives' buying hormones on black market". Australian Broadcasting Corporation. Archived from the original on 8 September 2016. Retrieved 7 September 2016. 
  64. ^ Taylor, Josie (5 July 2016). "Chief Justice vows change to 'traumatic' court process for transgender children". Australian Broadcasting Corpoation. Archived from the original on 30 August 2016. Retrieved 8 September 2016. 
  65. ^ Bannerman, Mark (18 November 2014). "Family Court Chief Justice calls for rethink on how High Court handles cases involving transgender children". Archived from the original on 1 November 2016. Retrieved 8 September 2016. 
  66. ^ "Judge slams court process for Australian trans youth as 'inhumane'". Q News. 28 January 2017. Archived from the original on 1 December 2017. 
  67. ^ "Historic Family Court win for young transgender people". Human Rights Law Centre. 30 November 2017. Archived from the original on 1 January 2018. 
  68. ^ Re: Kelvin [2017] FamCAFC 258 (30 November 2017), Family Court (Full Court) (Australia)
  69. ^ a b c "Medicare Coverage and Gender Reassignment Surgery". OutInPerth. 25 June 2012. Archived from the original on 23 October 2016. Retrieved 23 October 2016. 
  70. ^ Winsor, Ben (13 July 2016). "Trans healthcare is a major headache for rural Australians". Special Broadcasting Service. Archived from the original on 20 December 2016. Retrieved 12 December 2016. 
  71. ^ Hancock, James (21 November 2016). "Call for better Transgender community health services". ABC News. Australian Broadcasting Corporation. Archived from the original on 22 November 2016. Retrieved 22 November 2016. 
  72. ^ Red Book plan a step towards gay marriage Archived 30 December 2013 at the Wayback Machine., The Australian, 15 December 2010
  73. ^ Australian Parliament, Explanatory Memorandum to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 Archived 19 December 2014 at the Wayback Machine., 2013
  74. ^ Australia outlaws LGBT discrimination under national laws for first time Archived 5 October 2013 at the Wayback Machine., 25 June 2013
  75. ^ a b c Alcorn, Gay (13 December 2016). "The reality of Safe Schools". The Guardian. Archived from the original on 16 December 2016. Retrieved 17 December 2016. The initiative began after La Trobe University research in 2010 found that 61% of same sex-attracted young people (aged 14 to 21) had experienced verbal abuse and 18% physical abuse; 80% of the abuse happened at school. 
  76. ^ Ryall, Jenni (27 February 2016). "Safe Schools: Everything you need to know about the controversial LGBT program". Mashable. Archived from the original on 4 December 2016. Retrieved 3 December 2016. 
  77. ^ Di Stefano, Mark (1 March 2016). "A Handy Reminder That Tony Abbott's Government Launched The Safe Schools Program". BuzzFeed. Archived from the original on 17 May 2017. Retrieved 3 December 2016. 
  78. ^ David Alexander (30 July 2016). "Queensland Government stands by Safe Schools Coalition Australia". Star Observer. Archived from the original on 11 September 2016. Retrieved 12 September 2016. 
  79. ^ Simon Leo Brown (26 February 2016). "Safe Schools: Chest binding photo removed from Christian website after complaints by young transgender man shown". ABC News. Australian Broadcasting Corporation. Archived from the original on 16 August 2016. Retrieved 19 September 2016. 
  80. ^ "Christian lobby groups claim 'radical sexual experimentation' is being promoted in schools". news.com.au. News Limited. 25 July 2015. Archived from the original on 11 September 2016. Retrieved 12 September 2016. 
  81. ^ Cavanagh, Rebekah (2 June 2016). "Roz Ward suspended from controversial Safe Schools program". Herald Sun. Archived from the original on 7 September 2016. Retrieved 21 September 2016. 
  82. ^ Brown, Greg (31 May 2016). "Jeff Kennett: Safe Schools funding lost if Roz Ward stays". The Australian. Retrieved 7 September 2016. 
  83. ^ Akerman, Pia (25 August 2016). "Indians join Chinese concerned about Safe Schools rollout". The Australian. Retrieved 31 August 2016. 
  84. ^ "Safe Schools program downsized after campaign by right-wing MPs and Christian lobby groups". SBS News. 18 March 2016. Archived from the original on 18 March 2016. Retrieved 18 March 2016. 
  85. ^ Alcorn, Gay (13 December 2016). "What is Safe Schools, what is changing and what are states doing?". The Guardian. Archived from the original on 17 December 2016. Retrieved 17 December 2016. 
  86. ^ Urban, Rebecca (25 October 2016). "Safe Schools Coalition looks to new leader as funds run dry". The Australian. Retrieved 19 November 2016. 

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