There are many areas that legal questions are raised for trans and gender diverse people - young or old. Please Contact us for resources and referrals specific to your situation and for the most up to date information.
We have linked to some basic, general and helpful resources. For information and referrals relevant to your trans and gender diverse child please contact us directly.
For legal resources and information
Justice Connect design and deliver high impact interventions to increase access to legal support and progress social justice in each state. They can assist with the following
Dealing with transphobia or discrimination in your state
Changes to gender on formal documents in your state
Change of name on formal documents in your state
Your rights at school in your state
Accessing hormones
In Australia, any person over the age of 18 years is deemed competent to make decisions about their own medical treatment, but it’s slightly different for people under 18.A Family Court of Australia ruling (Re Kelvin, 2017) overturned an existing law that required all young people and their parents/carers to go to Court to commence gender affirming hormones prior to age 18. This ruling was further clarified in the judgement of Re Imogen 20204 to mean that gender affirming treatment can be commenced in Australia with people under 18 only when there is no dispute between parents (or those with parental responsibility), the medical practitioner and the young person themselves with regard to:
- The Gillick competence of an adolescent; or
- A diagnosis of gender dysphoria; or
- Proposed treatment for gender dysphoria
WPath, AusPATH, the RACP, the RACGP, and the Australian Endocrine Society all endorse access to puberty suppression/blockers for trans young people and adolescents.
Young people still require multidisciplinary assessment in order to commence hormone treatment.
Human Rights Law Centre discusses implications of the Re:Kelvin case.
For trans and gender diverse people who are aged 18 and above, Equinox Gender Diverse Health Centre based in Melbourne has introduced a new treatment methodology - Informed Consent document
Changes to Centrelink, Medicare and Child Support Agency records:
Change of personal details policy for Federal or Commonwealth Agencies.
Things to remember:
- You will need to visit your local Centrelink/Medicare/Child Support Agency office in person. If your child is 14 years or older they may need to come with you.
- You will need to take supporting documentation as specified in their policy.
- The request to change personal details (including name and gender marker, title used).
- The staff member that handles your enquiry may not be aware of Centrelink/Medicare policy with regard to updating personal information. It may be helpful to take a copy of the policy with you.
- If you need to obtain further information or help, contacting the Department of Human Services complaints line may be of assistance. Their number is 1800 132 468.
Changes to Birth Certificates
Varies by state, and can depend on a number of factors. Contacting your state Births Deaths and Marriages or equivalent is necessary to obtain the most up to date information.
- Victoria
- New South Wales
- Queensland
- Western Australia
- Tasmania
- South Australia
- Northern Territory
- Australian Capital Territory
Discrimination - workplace, school, sport/recreation
Commonwealth level summary of legislation across Australia.
Human Rights Law Centres
Contact The Human Rights Law Centre for more information.
State Based Services:
Victorian Equal Opportunity and Human Rights Commission
Anti Discrimination Board of NSW
Anti Discrimination Commission QLD
Equal Opportunity Commission South Australia
Equal Opportunity Commission Western Australia
Northern Territory Anti-Discrimination Commission
Sports
Many trans and gender diverse children stop playing sports. There are many reasons for this, but most of them can be worked through. Many sporting codes and bodies have inclusive policy that means that there should be few barriers to participation.
Contact Proud2Play for the most up to date information. www.proud2play.org.au
