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Anti-Discrimination —

Anti-Discrimination exists under all state/territories across Australia. Protection exists variously from unfair treatment on the basis of transsexualism, transgenderism, indeterminate sex, gender identity, perceived gender identity and sexuality (orientation or activity) but not for ALL of these reasons in ALL states.

Please consult the Anti-Discrimination body responsible for administering the anti-discrimination legislation in your state or territory.

Anti-Discrimination Offices

Change of Name —

In Australia, anyone can change their name. Name change is a common straightforward process. Contact the Births, Deaths and Marriages Registry in your state/territory for more information.

Births, Deaths and Marriages Registries

Correction of Legal Sex —

Men who have undergone irreversible sex affirmation procedures, may be eligible for a change of legal sex (birth certificate or recognition certificate). Contact the relevant agency in your state/territory for more information.

Births, Deaths and Marriages Registries

Medicare —

The Health Insurance Commission will amend details of a person's sex in their Medicare Record, when given proof (statutory declarations from two medical practitioners) that the person has undergone irreversible sex affirmation procedures.

Medicare Record Correction Information

Passports (for Australian Citizens) —

Men who have undergone irreversible sex affirmation procedures can apply for a full 10 year passport (showing their legal sex to be male).

Men who apply for a male passports are treated as any other Australian male applying for an Australian passport.

Men who have not undergone surgery can apply for a one year (male) passport provided for the purpose of travelling overseas for surgery.

External linkAustralian Passport Office

External linkDownload an Application Form

or pick up an application form from External linkyour local Post Office.

Marriage —

1. Australian men of transsexual history (who have undergone irreversible sex affirmation treatment) have the same right to marry as other Australian men do.

2. Sex affirmation surgery does not have to meet any predetermined standards of either appearance or function in order to be considered 'successful' or to have occurred.

3. If you were already legally married before your partner transitioned to male, this marriage will remain valid unless ended by divorce.

Information on Marriage in Australia

Summary of Kevin & Jennifer

(2001) External linkRe Kevin (validity of marriage of transsexual) [2001] FamCA 1074

 

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.

Legal Information

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page revised - 14 April 2007

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