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Quigley says new gender laws will recognise non-binary people

Western Australia’s Attorney General, John Quigley, says new gender laws will allow people to choose non-binary on official documentation.

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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 intervention, 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Quigley said the current process was humiliating for applicants and outdated.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.

Graeme Watson 

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