Western Australian and national LGBTIQA+ groups have welcomed progress last night on a bill abolishing the WA Gender Reassignment Board.
The bill’s third reading was passed ‘on the voices’ in the Legislative Council. The bill will now return to the Legislative Assembly for confirmation due to a number of amendments the government made to the original wording of the bill.
The WA Births, Deaths and Marriages Reform Amendment (Sex or Gender Changes) Bill 2024 removes the requirement for trans people to undertake gender affirming medical treatment and seek approval from the Board prior to updating their gender on ID documents, such as birth certificates.
In a joint statement to media organisations, TransFolk of Western Australia, Rainbow Futures and Equality Australia welcomed the progress.
“We are glad to see these recently announced reforms come to fruition and excited to see the difference this will make in the lives of trans and gender diverse West Australians,” said Dylan Green, Vice Chairperson of TransFolk of WA.
“While TransFolk of WA will continue to advocate for reforms that meet the needs of all members of our community more widely, we look forward to this important legislative change bringing further opportunity for the Government to consult with the trans and gender diverse community.”
The new gender recognition laws will also recognise non-binary people for the first time.
To have their gender recognised, the reforms still require trans and gender diverse people to submit evidence from their doctor or psychologist of having received appropriate clinical treatment, and young people aged under 18 years will require the consent of both parents or a court order in most cases.
Misty Farquhar, spokesperson for Rainbow Futures, said the new legislation was not perfect but there had been an improvement.
“We are pleased to see this commitment to our community finally become a reality. The legislation is not perfect, but it will make things easier for many trans and gender diverse people,” Farquhar said.
“Community consultation will now be key to ensuring these reforms meet the needs of as many people as possible.”
With the passing of these reforms, NSW is now the last state in Australia which requires medical treatment before a person can have their gender recognised on their birth certificate.
Victoria, Queensland, the ACT and Tasmania have also done away with requirements for clinical verification, preferring instead a non-medical model with Victoria and Queensland requiring an adult who has known the person for 12 months to verify the application.
Anna Brown the CEO of national group Equality Australia called on the WA government to progress other reforms that have been called for.
“We’re pleased to see these reforms successfully pass and bring WA up to date with most other states. However, more work is needed to strengthen them and meet the Government’s commitments on protecting us from discrimination and harm, and recognising our families,” Brown said.
“Gender recognition ensures that trans and gender diverse people have the ID they need to get a job, open a bank account or enrol to study without facing harassment or risking violence, which is why these life-changing benefits are so welcome but should be accessible to all trans and gender diverse people in WA”.
