An interesting page is the one on Current inquiries | A.C.T. Department of Justice and Community Safety
Thu, 17 Mar 2011 10:20:10 +1100The latter is worth reading in its entirety. It affects me personally, and I hope that it is adopted in toto. I'll be doing what I can to see that it is.
Transgender rights & legal recognition
The ACT Attorney General, Simon Corbell MLA, formally referred the issue of transgender legal recognition to the Law Reform Advisory Council for consideration in 2011. Mr Corbell asked the Council for detailed advice on whether any changes to the Territory’s current law are needed to ensure the protection of human rights.
The Council will provide opportunities for public comment as it undertakes the inquiry. Further updates and information will be posted on this website.
The terms of reference for the Council's latest inquiry are available online here:
LRAC Terms of Refence 2011 - transgender rights & recognition
As part of its inquiry, the Council will consider advice by the Human Rights Commission on the current state of ACT law. The advice reviews the requirements for registering a change of sex under the Births, Deaths, & Marriages Registration Act 1997, and includes some recommendations for legislative reform. The advice is available at the link below:
Human Rights Commission - Advice on gender identity
As far as I can tell, my legal sex is:
- UK Public Records Office - Male since 1958. This cannot be changed under current UK law
- UK Passport Office - Female since May 2006, before then male.
- Commonwealth Medicare - (Intersexed) Female since October 2005, before then male
- Commonwealth Immigration - Female since August 2006, before then male
- Commonwealth Passport Office - Female since November(?) 2007, before then male
- ACT Registrar of BDM - Male since name change August 2005, before then, no statement. This cannot be changed under current ACT law.
- Other ACT - no idea, though if they asked my OB/Gyn, she'd have some strong opinions on the subject.
Under current law, if my partner died, in Australia I could only marry a man, as same-sex marriage is forbidden. In the UK, I could only marry another woman, as same-sex marriage is forbidden there too.
I've not actually given any medical evidence to any Government, UK, Commonwealth, or ACT, of my genital configuration, and don't intend to do so.
I still have a UK Birth Certificate saying "boy" as I am Intersexed, and that precludes a diagnosis of Transsexuality, a necessary requirement for granting a Gender Recognition Certificate unless there is formal recognition of a different sex by the ACT (but not the Commonwealth).
Should I gain such recognition, I'd still have a problem under the UK Gender Recognition Act as we're still married, but one step at a time.