A streamlined process for sex or gender recognition for trans and gender-diverse Western Australians under new laws is now in operation.
The move means 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, said WA Attorney General, Tony Buti.
“The State Government introduced these reforms to adopt a more respectful and inclusive approach to gender diversity and ensure equality for all Western Australians,” said Dr Buti.
“We were able to remove outdated barriers that denied people identity documents that aligned with their lived identity.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.”
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 consulted widely with stakeholders to achieve what is a significant step in support of diversity and inclusion in our State,” the Attorney General said.
“I thank all stakeholders for their valued and meaningful engagement with government on the implementation of the reforms.”
The Law Reform Commission of Western Australia (LRCWA) recommended the reforms in its 2018 review of the legislation.
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.
Information about the new process for applicants and doctors and psychologists is available on the RBDM website.
The reforms do not change the existing procedures that relate to the registration of sex when a child is born.
The Act also contains a statutory review clause, ensuring the community can provide feedback on the operation and effectiveness of the regime.
