Western Australia Gets Transgender Law

by Gayle Richards

(The Gender Centre advise that this article may not be current and as such certain content, including but not limited to persons, contact details and dates may not apply. Where legal authority or medical related matters are cited, responsibility lies with the reader to obtain the most current relevant legal authority and/or medical publication.)

With the passage of the Gender Reassignment Bill 1997 through its second reading in the Legislative Assembly on 9 April, Western Australia has joined with other states and territories having similar legislation, namely S.A. (1988), N.S.W. (1996), A.C.T. and N.T.

Other countries which recognise transgendered persons include Germany, Greece, Italy and Holland. At least 25 jurisdictions in the U.S.A. and several Canadian provinces have similar laws.

It is estimated that there are at least 250 people in W.A. with gender dysphoria. About 80 have undergone gender reassignment procedures. The legislation has three main purposes.

1. The establishment of a Gender Reassignment Board which will be able to issue a recognition certificate to those who have undergone gender reassignment procedures, whether in W.A. or elsewhere;
2. To enable the Registrar General to register the gender of an individual as indicated on the recognition certificate and to issue a new birth certificate to accord with the altered register; and
3. To protect from discrimination on the ground of gender history where a person has undergone reassignment procedures.

Since the legal status of married persons is governed by the Marriage Act of the Commonwealth Parliament, and in respect of this, the state legislation cannot allow for a recognition certificate to be issued to a married person.

The Gender Reassignment Board

The Board will consist of a President appointed by the Governor and who will be, or have been a Judge of the Supreme Court, or the District Court or the Family Court of W.A. and recommended by the Chief Justice of W.A., or a legal practitioner admitted for at least 8 years. The Governor may appoint not more than 5 additional persons to the Board, or whom one shall be a transgendered person and one a person experienced in equal opportunity matters.

Recognition Certificates

To qualify for a recognition certificate, an applicant must satisfy the Board that the applicant believes their reassigned gender is their true gender and has adopted the lifestyle and has the gender characteristics of the reassigned gender and has received proper counselling in respect of his or her gender identity.

A certificate may be issued if the applicant has had the reassignment procedure carried out in W.A., or has been a resident of W.A. for at least 12 months.

A recognition certificate may be issued if one or more of the following criteria applies:

• The reassignment procedure was carried out in W.A.;
• The applicant was born in W.A.; or
• The applicant has resided in W.A. not less than 12 months.

A new birth certificate, which must not include any reference to the applicant's previous gender status, can be issued after registration with the Registrar General.

Discrimination Prohibited

It is unlawful to discriminate against a person on the grounds of their gender history; by being required to comply with conditions not normally suited to the reassigned gender; in employment regarding promotion or dismissal; as a commission agent; as a contract worker; in a partnership; as a member of a professional or trade organisation or professional or trade qualifying bodies; with employment agencies; in education; in access to places and vehicles, goods, services and facilities; in accommodation; in real estate transactions; in clubs; in sporting activities; with application forms; and with superannuation and provident funds.

The present State Government of Western Australia must be highly commended for this enlightened and progressive legislation, passed by a conservative government at a time when it was beset by far more pressing concerns.

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