This table was originally published as part of an article for Crikey, and has been hosted here in an effort to provide a simple and regularly updated look at the legislative landscape of gender and birth certificates.
For tips, update requests or concerns, get in touch at @lizduckchong on Twitter
Last updated 10/04/2019
| State/ Territory |
Administering body | Surgical intervention required | Fee | X option available | Gender optional on birth certificate | Links |
|---|---|---|---|---|---|---|
| ACT | Access Canberra | No | $47 - Registration; $110 - Registration and certificate | Yes | No | Site / Application |
| NSW | Registry of Births Deaths & Marriages | Yes | $127 | Yes | No | Site / Application |
| NT | Births, Deaths and Marriages | No | $46 - Registration | Yes | No | Site / Application |
| QLD | Births, Deaths, Marriages and Divorces | Yes | $112.50 + $48.20 certificate | No | No | Site / Application |
| SA | Consumer and Business Services | No | $99.50 | Yes | No | Site / Application |
| TAS | Births, Deaths and Marriages | No | $79 registration + $53.98 certificate | Yes | Yes | Site / Application by contacting BDM only |
| WA | Gender Reassignment Board | No1 | $49 | No | No | Site / Application |
| VIC | Births, Deaths & Marriages Victoria | No | $107.90 | Yes | No | Site / Application |
1. Official documentation misleadingly still states that you must have undergone reassignment surgery, despite this having been successfully challeneged and overturned by the High Court in 2011
Births, Deaths and Marriages Registration Amendment Bill 2019
"The bill requires the person making the application to make a statutory declaration when nominating the sex to be recorded, and must include a statement from an adult who has known them for 12 months or more who believes the application is being made in good faith and supports the change." - The Guardian
Justice and Related Legislation (Marriage Amendments) Bill 2018
""For transgender and gender diverse Tasmanians they can actually get, without stupid barriers, identity documents that actually match who they are as people in the world," [Martine Delaney[] said." - ABC News
"The laws, which are likely to be passed through parliament on Thursday, will allow people to identify as non-binary on their birth certificate, acknowledge intersex on birth certificates and allow transgender people to change the sex listed on their birth certificate without them having undergone any gender reassignment surgery. Instead, they will be asked to have undergone "appropriate medical treatment", which will likely be psychological support." - ABC News
Marriage Amendment (Definition and Religious Freedoms) Act 2017 (December 2017)
"When the Marriage Amendment (Definition and Religious Freedoms) Act 2017 passed in December last year, with it came a repeal of the state and territory exemption in the Sex Discrimination Act — essentially, the legislation that allows states to uphold compulsory divorce for transgender Australians wanting to change their birth certificate. Ostensibly, this seems like great news for trans Australians as it means it will officially become unlawful to refuse a change of sex on one’s birth certificate based on their marital status. There’s a catch, though: states and territories have been given 12 months to update their laws concerning compulsory divorce." - Crikey
Births, Deaths and Marriages (Gender Identity) Amendment Bill 2016
"Under the current Act, people wishing to change the registered gender on their birth certificate have to show proof of surgery and/or hormone treatment and make an application to a Magistrate. The changes will mean they need only a declaration from a medical professional confirming that they are receiving or have received “appropriate clinical treatment”, which might include counselling. The Bill means new birth certificates will also show only the altered record of sex or gender identity, and not the fact that this has been changed." - In Daily
"When the case was heard in the High Court last month, counsel for the Registrar had argued that the acceptance of more than two categories of sex would cause unacceptable confusion. But the judges rejected this argument. "For the most part, the sex of the individuals concerned is irrelevant to legal relations,'' their judgment says. - The Sydney Morning Herald
Births, Deaths and Marriages Amendment Act 2014
"...the new laws will allow someone to identify as male, female or ''X'', without surgery. All they need is for a doctor or psychologist to certify they have received ''appropriate clinical treatment'' - which is deliberately not defined, leaving it to the doctor or psychologist." - Canberra Times
Publication of Beyond the Binary: legal recognition of sex and gender diversity in the ACT - link
"The Court of Appeal ruled the two transsexual men could not have their genders re-assigned because they did not have the genital and reproductive characteristics of a male and had kept nearly all of the normal external genitals and internal reproductive organs of a female. The ruling effectively meant the pair would have to undergo the dangerous penis constructive surgery, which is not available in Australia, in order to obtain the certificate. But today the five judges of the High Court unanimously upheld their appeal against the decisions of the WA Court of Appeal." - Perth Now