The changes to Western Australia’s gender recognition laws come into effect today with the Cook government saying the new process is streamlined and much easier for people needing to update their details on official forms.
Individuals can now apply directly to the Registry of Births, Deaths and Marriages to update their sex or gender on their birth registration record.
The commencement of the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024 means people are no longer required to undergo a reassignment procedure to formally change their sex or gender.
Attorney-General Tony Buti said the reforms make the process more respectful and inclusive.
“The State Government introduced these reforms to adopt a more respectful and inclusive approach to gender diversity and ensure equality for all Western Australians.
“We were able to remove outdated barriers that denied people identity documents that aligned with their lived identity.
“The changes mean applicants will no longer need to undergo a surgery, or other reassignment procedures, to change their sex or gender on their birth record.
“The government consulted widely with stakeholders to achieve what is a significant step in support of diversity and inclusion in our State.
“I thank all stakeholders for their valued and meaningful engagement with government on the implementation of the reforms.” Dr Buti said.
Evidence required to support an application is now a statement from a doctor or a psychologist which certifies that a person has received appropriate clinical treatment in relation to their sex or gender.
The new legislation also abolishes the Gender Reassignment Board, which previously issued recognition certificates, and repeals the Gender Reassignment Act 2000, to bring WA into line with other States and Territories.
The government said that significant work had taken place across government departments to prepare for the implementation of the new laws and that had included consultation with LGBTIQA+ advocacy groups and professional medical bodies to develop guidance material for the reforms.
The Law Reform Commission of Western Australia (LRCWA) recommended the reforms in its 2018 review of the legislation, but was not passed through parliament until late 2024. A commitment to update the laws had been made from both sides of politics as back as 2016.
Consistent with the LRCWA’s recommendations and other jurisdictions, the sex or gender descriptor of ‘non-binary’ is now available for Western Australians, in addition to ‘male’ and ‘female’.
Stricter rules apply for people under the age of 18, including parental consent or permission from the Family Court of Western Australia in certain circumstances.
While the changes to the laws have been welcomed, LGBTIQA+ advocacy groups have called on the government to go further with reforms arguing that even after the updates there is still an unnecessary level of bureaucracy and personal burden on those wishing to change their gender.
Information about the new process for applicants and doctors and psychologists is available on the RBDM website.
Rainbow Futures welcome changes coming into effect
Rainbow Futures, Western Australia’s peak body for LGBTIQA+ communities has celebrated the changes coming into effect.
In a social media post CEO Dr Misty Farquhar and other board members of the organisation highlighted the end of the Gender Recognition Board.
“It’s really nice to see the outcome of activism because I think a lot of people don’t get to” Dr Farquhar said in the video.
Committee member Nat Latter said the three year review of the legislation will be an opportunity for the communities to argue that further reform is needed to achieve full self recognition.
Dani Wright Toussaint said “Legal recognition is a human right, so its so important to have that opportunity to have our legal rights to gender recognition realised here in WA now.”
Academic and equality advocate Stevie Lane said while the new process was not perfect, it’s introduction should be celebrated.
Speaking to the Star Observer Dr Farquhar said the reforms would be life-changing for many Western Australians.
“We have been waiting for these life-changing reforms for a very long time, and this is a momentous day for our community,” Dr Farquhar said.
“Over many years trans and gender diverse people in WA have bravely come forward to share their experiences with decision-makers and advocate for a respectful pathway to gender recognition.
“Abolishing the Board and recognising non-binary people are vital reforms as part of this streamlined process that acknowledges our right to exist and be seen for who we are.”
Sam Gibbings, CEO of Transfolk WA, said the previous process had been dehumanising.
“The Board was a dehumanising and intrusive process that hung over our community like a dark cloud.
“Transfolk WA will continue to advocate for reforms that meet our community’s needs, including the right for trans people to self-identify without the need for medical evidence.”
Equality Australia CEO Anna Brown said that the new law was a positive step towards ensuring the safety and wellbeing of LGBTIQ+ people in WA.
“Trans and gender diverse people in WA can now take simple steps to ensure they have the ID needed to get a job, open a bank account or enrol to study,” she said.
“But more work is needed to strengthen these reforms so they reflect best practice and meet the government’s existing commitments on recognising our families, ending conversion practices and protecting our community from discrimination and harm.” Brown said.
OUTinPerth co-editor Graeme Watson and Stevie Lane are both employees of Edith Cowan University. Co-editor Leigh Andrew Hill and Dr Misty Farquhar are both employees of Curtin University.
31-05-2025 12:18pm report updated to include comments from key advocates first published in the Star Observer.
