Current Version
| Region | Western Australia |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | 2000 |
| End Date | now |
| Description | Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application to the Gender Reassignment Board. Upon examination of the application, the Board verifies that the applicant has undergone gender affirming surgery (Article 15.b.i), that they have adopted "the lifestyle" and has "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), and that they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate. |
| Sources | https://database.ilga.org/australia-lgbti https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html |
Revision History (4)
Revision by Nathan. Status correction
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Legal, surgery not required | Legal, but requires medical diagnosis |
| Note | While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify. | Under the Gender Reassignment Act (2000), in order to amend their gender markers, applicants must submit an application to the Gender Reassignment Board. Upon examination of the application, the Board verifies that the applicant has undergone gender affirming surgery (Article 15.b.i), that they have adopted "the lifestyle" and has "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii), and that they have received "proper counselling" in relation to their gender identity (Article 15.b.iii). However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure is no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfill this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate. |
Show Difference | ||
| Sources | https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html | https://database.ilga.org/australia-lgbti https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html |
Show Difference | ||
Revision by Notdog1996
| Old Value | New Value | |
|---|---|---|
| Note | Western Australia does not require gender reassignment surgery before legally changing gender. | While Western Australia does not require gender reassignment surgery before legally changing an individual's gender, a form of reassignment procedure is required. Courts have interpreted hormones as being enough to qualify. |
Show Difference | ||
| Sources | https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf | https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1986.html |
Show Difference | ||
Reports (1)
- Newer law has been passed "Laws are changing to not require any medical intervention, only a note from your gp or psychologist"
Revision by joshtblack
| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, surgery not required |
| Note | Western Australia requires gender confirming surgery but by law it does not have to be comprehensive. | Western Australia does not require gender reassignment surgery before legally changing gender. |
Show Difference | ||
Reports (1)
- Status is not correct "Surgery is required"
Revision by JerofDoorhandle
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Legal, surgery not required | Legal, but requires surgery |
| Start Date | (NONE) | 2000 |
| Note | Western Australia requires gender confirming surgery but by law it does not have to be comprehensive. | |
Show Difference | ||
| Sources | https://www.legalaid.wa.gov.au/sites/default/files/inline-files/LGBTIQA%2B-Changing-Gender-Factsheet.pdf | |
Show Difference | ||
Reports (1)
- Status is not correct "Medical intervention required, in order for HRT to count it needs to have been for 12 months"