previous page | index | next page Proposals For Legislative Reform In Respect Of The Correction/Reassignment Of Legal Sex 33 Given the fresh appreciation of the predicament of people who experience the condition of transsexualism enabled by the advances in medical science which have occurred over the last ten years, and which are now incorporated in the Common Law of Australia by the decision of Re Kevin, it is incumbent upon the Federal and all State Governments of Australia to administer the legislation that exists in such a way as to facilitate the human rights of such people and others who similarly experience natural variation in the sexual formation as human beings so as to minimise the suffering, embarrassment and harm that such people experience as a result of their difference. Our State and Federal Governments should also promptly act to introduce uniform legislative reform to achieve the same ends. 34 Such legislative reform in respect of the correction or reassignment of an individual's legal sex need not include any classification or quasi medical description of the individual concerned. Such legislation need only confirm the right of an individual who has undergone conclusive sex affirmation treatment to have that individual’s legal sex reassigned and the consequent issue of a new birth certificate showing the individuals reassigned sex with no indication of amendment. The fact of an individual having undergone conclusive sex affirmation treatment should be simply proven by medical evidence to that effect. The legislative requirements in respect of such medical evidence should permit a broad and compassionate discretion for the medical practitioner in certifying that an individual has undergone conclusive sex affirmation treatment in special circumstances where the medical practitioner is satisfied that the life of the individual concerned would be threatened if the individual underwent regular conclusive sex affirmation treatment. Such legislation should confirm that an individual who has had his or her legal sex reassigned is entitled to the unconditional legal status of the reassigned sex. Such omnibus style legislation should also make provision for the issue of a form of certificate of identity, containing the same particulars as appear on a birth certificate, so that people who cannot effect a reassignment of their legal sex in their country of birth may still be granted the fundamental human right in Australia of a State or formal record of their identity which accurately reflects the current state of their legal sex as it would have been determined had they been born in Australia. 35 The adoption by New South Wales and the other States and Territories of the Commonwealth of Australia of uniform legislation incorporating the principles of practice and procedure in respect of the rights of people to effect a correction or reassignment of their legal sex as suggested in the preceding paragraph would enable the Registrars of each State and Territory to properly honour both the purpose of the various births, deaths and marriages legislation and the proper function of the respective Registers in providing a record of identity of individuals that is in conformity with the most reliable information available to each Registrar of the registrable events and the particulars which it seeks to record and evidence. 36 Not only does this approach to the interpretation of the Registrar’s legislative powers and obligations in respect of people who experience the predicament of transsexualism and of the births, deaths and marriages legislation make sense, both legally and humanely, but it brings the Registrars’ practise and the performance of the legislation into conformity with the Common Law of Australia. It also removes possible inconsistency between the Registrars’ response to requests to correct the record of the Register from people who have experienced transsexualism and traditionally recognised Intersex conditions. 37 Such an approach would also serve to avoid the possible loss of apparent authority, control and certainty of the Registers and legal and human rights embarrassment for the various State and Territory Governments that a series of Court imposed corrections to the Registers could bring. Such legal proceedings may well arise in the event that the Registrars were obliged to continue imposing unreasonable conditions upon the rights of people to have the record of their legal sex reassigned so as to accurately represent the truth of their identity. 38 Individuals who experience transsexualism and other similar traditionally recognised Intersex conditions are entitled to be treated with the respect and appreciation due to them as the female and male citizens they know themselves to be and are. In that recognition is the consequential recognition of their entitlement to have their needs in respect of the correction of their particulars as to their sex as recorded and maintained by the State (and hence re-assignment of legal sex) met throughout Australia. previous page | index | next page			RACHAEL D. WALLBANK ACCREDITED SPECIALIST (FAMILY LAW) LSNSW The Legal Environment Following Re Kevin: New Perceptions And Strategies For Effective Law Reform In Respect Of The Legal Rights Of People Who Experience Variation In Human Sexual Formation And Expression  A DISCUSSION PAPER WALLBANKS LEGAL 1 MARION STREET STRATHFIELD, NSW, 2135 Tel: (02) 9764 2922 Fax: (02) 9764 2900 Email: wallbanks@bigpond.com Web: www.wallbanks.com Home ·  About M.A.N. ·  Activism ·  F.A.Q.'s ·  Legal ·  Documents ·  Publications ·  Education ·  Health ·  Supporters ·  Links ·  Sitemap ·  Contact
	Last modified: 4 March 2003

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