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Anti-Discrimination Legislation —

The South Australian Equal Opportunity Act 1984 makes it unlawful in South Australia to discriminate against people on the ground of their: sex, marital status, pregnancy, sexuality, race, physical and intellectual disability, and age. Also made unlawful are sexual harassment and victimization. This Act prohibits discrimination on the ground of sexuality - which is defined to include transsexualism.

The Equal Opportunity Commission of South Australia administers this Act.

Equal Opportunity Commission of South Australia - www.eoc.sa.gov.au

Change of Name —

Please see the SA Registry of Births, Deaths and Marriages for more information and procedure for change of name.

SA Registry of Births, Deaths and Marriages - www.ocba.sa.gov.au/bdm

Correction of Legal Sex —

South Australia has passed the South Australian Sexual Reassignment Act 1988 to ‘allow the reassignment of sexual identity, to regulate the performance of reassignment procedures, and for other purposes.’

In South Australia where a person has had a reassignment procedure, application may be made by the person to an authorised magistrate for the issue of a Recognition Certificate.

An authorised South Australian magistrate may issue a Recognition Certificate for an adult if either

  • the person was born in, or had a reassignment procedure carried out in South Australia, and
  • the magistrate is satisfied the person believes that his or her true sex is the sex to which the person has been reassigned and
  • has adopted the lifestyle and
  • has the sexual characteristics of a person of the sex to which the person has been reassigned, and
  • has received proper counselling in relation to his/her sexual identity.

A South Australian Recognition Certificate identifies a person who has undergone a reassignment procedure as being of the legal sex stated on the certificate and allows a person born either in South Australia, interstate or overseas to be recognised in their new gender without any change being made to their birth certificate.

A person issued with a Recognition Certificate (or an equivalent) and born in South Australia, can make an application a minimum one month after it has been issued, to the Births, Deaths and Marriages Registration Office in South Australia to have the legal sex altered on their birth certificate.

For more information —

Office of Consumer and Business Affairs
Births, Deaths and Marriages Registration Office
Level 2, Chesser House, 91-97 Grenfell Street
Adelaide SA 5000

Telephone (08) 8204 9599 (general enquiries) or
Country callers 131 882
Website www.ocba.sa.gov.au/bdm

Legislation Online —

SA Births, Deaths and Marriages Registration Act 1996
South Australian Sexual Reassignment Act 1988

South Australian Equal Opportunity Act 1984

 

The information contained on this page is not legal advice. Legal advice is dependent upon the specific circumstances of each individual. Please consult with qualified legal professionals for your personal situation.

Citation — South Australia Legal Information. (2002)

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