National and West Australian LGBTIQA+ rights groups have welcomed a commitment by the WA Government to removing barriers currently faced by trans and gender diverse people who wish to update their birth certificate to accurately reflect their gender.
“Following years of community advocacy and activism, we’re pleased to finally see a commitment from the West Australian Government to these important reforms for
trans and gender diverse people,” said secretary of TransFolk of WA, Milo Bronleigh.
Attorney General John Quigley on Wednesday announced the government would introduce legislation to replace the Gender Reassignment Board with a streamlined
process for updating gender directly through the Registry for Births, Deaths and Marriages (as is the process in every other state and territory).
“Given the alarming delays at the Gender Reassignment Board currently, we welcome the removal of this archaic and unnecessarily intrusive process, which is out of step
with every other state and territory,” Bronleigh said.
Under the reforms, trans and gender diverse people would also no longer have to undertake any medical interventions before updating their legal gender.
“Changes to the gender recognition process in WA have been a long time coming and will make such a difference to the lives of trans and gender diverse people,” said Misty
Farquhar spokesperson for LGBTIQA+ group Rainbow Futures WA.
“We welcome these proposed changes, which will bring us closer into line with the rest of the country, but we urge the government to work with us to ensure the proposed
model is based on best practice and community needs,” Farquhar said.
Each of the organisations have urged the WA Government to consult with the community before legislation is introduced next year.
The groups have shared several points they’d like to see included in the legislation including no requirement for clinical proof of gender (as is the case in
Victoria and Tasmania, and proposed in Queensland).
They say the legislations should also ensure there are pathways for young people to amend their gender, including where they do not have the support of both parents (as is the case in SA,
ACT, Victoria, Tasmania and proposed in Queensland).
Additionally the organisations say there is recognition for people who are gender diverse, such as nonbinary people (as is the case in every state and territory except for WA and
proposed in Queensland).
“What most people in Australia take for granted as a simple piece of paper is, for trans and gender diverse people the right to exist and be seen for who we are,” said Ymania
Brown, a fa’afafine trans woman and spokesperson for national LGBTIQ+ group Equality Australia.
Having a birth certificate that does not align with your gender means that trans people may be forced to out themselves when applying for jobs, registering for school or
university, accessing support services or opening a bank account.
“Everyone deserves the respect and dignity of being recognised as themselves and trans and gender diverse people simply want their birth certificates to reflect who they
truly are,” Brown said.
“We look forward to working with the WA Government to ensure no trans and gender diverse people are left behind in these significant and life-changing reforms, which
are a wonderful way to round off the year,” Brown said.
Attorney General John Quigley says the government will consult before developing legislation
Western Australia’s Attorney General John Quigley says the government will consult with stakeholders prior to introducing the legislation to repeal the gender board and introduce the new process.
Speaking to online broadcaster Youth Jam Radio, Quigley said the government was trying not to be too prescriptive in their approach and would now be looking for the “fastest, most just, and empathetic way forward for people who want to change gender identity.”
“Instead of going to a Gender Reassignment Board, a board the required proof of surgical intervention, or long term chemical intervintion, plus Psychiatrists reports, etcetera, this will no longer be required – they will be no board.
“If a person wishes to change their record of their identity at Births, Deaths and Marriages, they will no longer be required to show they undertook surgical or other medical intervention.
“They will just make an application in writing to Registrar at Births, Deaths and Marriages, and append to that written application a certificate from a medical practitioner or a psychologist confirming that they’ve received clinical treatment to their gender or sex identity, and when I say clinical treatment I don’t mean surgical intervention, it might be counselling making sure that this is not a whim, it’s not done perniciously, but this is through through so that the person does land in the happy place. I want all to land in the happy place.”
“It will be much less traumatic” Quigley said.
The Attorney General said non-binary would be an option under the new legislation as well as other descriptors as well including intersex.
The Attorney General said there would be an opportunity for the public to provide feedback on the proposed options.
“It’s been a long while coming, but the Gender Reassignment Board is an anachronism in Australia, and it must be assigned to the dustbin of history.” Quigley told host Isaac Mulcrone.
Quigley said the current process was humiliating for applicants and outdated.
The Attorney General said the announcement was not due to the recent backlash over the revelation that the Gender Reassignment Board had become inactive for several months following the resignation of it’s long term President.
The Attorney General said the government had initially thought the board would be able to continue operating under the leadership of it’s Deputy President, but they discovered the current legislation did not allow for this to occur. A new President has not been installed to clear the backlog of applications and allow for a transition period while the new process is introduced.
Quigley said the board would begin processing the applications in the queue immediately with around 28 applications waiting to be addressed.
Asked about why the government failed to let those waiting for their applications to be heard by the board know that the board had become inactive, the Attorney General rejected suggestions that the McGowan government lacked accountability and transparency.
“I have met with trans people and they urged this reform upon me and I was very sympathetic to their plight and wanted to see it happen as soon as I could arrange for it to happen, and I am working speedily to that end.” Quigley said.
The Labor party made a commitment to remove the Gender Reassignment Board as far back as 2015 while they were in opposition.
Despite the clear commitment the McGowan government failed to address the issue during their first 4-year term in government, and until this week had made no indication they would take action.
Women’s rights advocates oppose the change in procedure
Prominent women’s rights advocates who oppose transgender self-ID processes have voiced their opposition to the change in approach.
Former Liberal party candidate, now Sky News commentator, Katherine Deves said Western Australian women would now only exist as a concept in men’s heads.
“Women in WA will now just be a self-image in a man’s head. Reality is further uncoupled from Australian legislation allowing a man’s delusions about his identity to override the basic human right of all women & girls to safety, privacy & dignity, & recognition under the law.” Deves posted to Twitter.
Sall Grover, the CEO of women’s only social media app Giggle, said the WA government was bringing the new legislation by stealth.
“Laws that allow men to legally call themselves women are being passed in stealth in Australia, with no public vote & limited media, and most women won’t notice until there is a man standing next to her when she’s naked in a change room.” Grover posted to Twitter.
Graeme Watson
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