Legal Affirmation (Transition)

As of 1 July 2013, the Australian government has adopted the Australian Government Guidelines on the Recognition of Sex and Gender which standardise the evidence required to establish or change your sex or gender in all personal records held by Australian Government departments and agencies.  These guidelines specifically state:

“Sex reassignment surgery and/or hormone therapy are not pre-requisites for the recognition of a change of gender in Australian Government records.”

All Australian Government departments and agencies are required to progressively align their existing and future business practices with these Guidelines by 1 July 2016. This includes Centrelink, Medicare, the Passport Office, the Australian Taxation Office (ATO), Roads and Traffic Authorities, Police and any other Australia government departments.

To correct your sex marker with any Australian Government department or agency all you need is any one of the following:

a) a statement from a Registered Medical Practitioner or a Registered Psychologist (general registration) or
b) a valid Australian Government travel document, such as a valid passport, which specifies your preferred gender or
c) a state or territory birth certificate; or recognised details of a certificate showing your preferred gender.

For a full copy of these guidelines (word document or pdf) – download this 12 page document from the Australian Attorney-General’s Department webpage at Australian Government Guidelines on the Recognition of Sex and Gender (external link – pdf)

Australian Tax Office

Change of Name

In Australia, anyone can change their name. You’ll need to complete the appropriate forms from the Births, Deaths and Marriages (BDM) Registry in your state/territory.

Correcting your Birth Certificate (Legal Sex)

To correct your sex on your Australian Birth Certificate, you will need to complete the appropriate forms from your local Births, Deaths and Marriages (BDM) Registry in your state/territory.

Passports (for Australian Citizens)

When your birth certificate has been corrected to male, you can apply for a full 10 year passport (showing your correct legal sex). Sex reassignment surgery is not a prerequisite to issue a passport in your correct gender. Birth or citizenship certificates do not need to be amended for to be issued a passport in your correct sex.

Medicare

The Health Insurance Commission will amend details of a person’s sex in their Medicare Record, when they have proof (statutory declarations from two medical practitioners) that you have undergone irreversible sex affirmation procedures.

Marriage

Australian law permits men (who have undergone irreversible sex affirmation treatment) the same right to marry as any other Australian man. If you were legally married before transition, this marriage will remain valid unless either of you end the marriage with divorce.

Anti-Discrimination & Equal Opportunity

Anti-Discrimination or Equal Opportunity legislation exists in all state/territories across Australia. Protection varies from unfair treatment on the basis of transsexualism, transgenderism, indeterminate sex, gender identity, perceived gender identity and sexuality (orientation or activity) but not for ALL of these reasons in ALL states.

To learn more about the Anti-Discrimination or Equal Opportunity legislation in your state or territory, see the office responsible for administering the anti-discrimination/equal opportunity legislation in your state or territory.