Transgender people in NSW will no longer have to "undergo surgery before they can change their sex on their birth certificate" as of 1 July next year. And this long-sought reform brings this state's laws into line with other Australian jurisdictions, which is reason to celebrate, as some transgender people are unable to undertake gender affirmation surgery, while others simply don't want to.
Tabled by Independent member for Sydney Alex Greenwich on 24 August last year, the Equality Legislation Amendment (LGBTIQA+) Bill 2023 (the Equality Bill) was an omnibus bill seeking to facilitate a range of reforms that relate to the queer community, via the amendment of discriminatory laws and the addition of missing protections.
The Equality Bill had widespread support in the community, but where it experienced opposition was in parliament. The Coalition opposition took issue with it and voted against its passage this week, while NSW Labor dragged its feet on the legislation for so long that when it finally did get up the 62-page amendment filled first draft had been dramatically slimmed down to its 24-page final draft.
Pride in Protest warned Sydney Criminal Lawyers in August 2024 that it feared the final outcome of the legislative process was that the various amendments would be itemised, so that some of the reforms, such as the right to change a sex marker without surgery, would be enacted, whilst other more controversial measures would be the subject of further debate, reviews and delays.
And as numerous reforms were cut from the final draft, the Equality Bill that had sought to amend twenty pieces of legislation, when passed on Thursday evening, only had implications for nine Acts of NSW parliament.
Equality lite
"I am pleased to report to the house that the government will support the Equality Bill introduced by the member for Sydney," said NSW premier Chris Minns in the lower house on Wednesday. "I completely acknowledge that the bill is not everything that the member for Sydney has asked for."
"The bill contains provisions that we regard as commonsense changes," he added.
As the second reading debate commenced, Liberal MP Alister Henskens explained that the heavily amended version of the bill, the result of negotiations between NSW Labor and Greenwich, had only been posted to the parliamentary website at 12:15 pm that day, which was the first time it had been available to the opposition.
Greens member for Newtown Jenny Leong outlined that her party was "excited to see this reform will ensure that trans and gender diverse adults will have the ability to change their sex on their state documents without undergoing surgery". However, she added that she had "a deep sense of disappointment and sadness" as the legislation was going "to be gutted".
The amended bill then passed in the lower house on Wednesday, with 50 members voting in favour, with 30 against, while the legislation made it through the Legislative Council the following day, with 17 for and 13 against.
Equality granted
Climate change minister Penny Sharpe detailed the amendments that were passed in full during her second reading speech on the bill in the upper house on Thursday, explaining that the first amendment was the right to self-identification in respect to a change of sex on birth certificates.
The bill replaced part 5A of the Births, Deaths and Marriages Registration Act 1995 (Cth), so that a transgender or gender diverse person over 18 can change the sex descriptor on their birth certificate without gender affirmation surgery, but rather with an accompanying statement from an adult who has known them for at least 12 months, while parents can change sex on behalf of children under 18.
However, unlike the original version of the legislation, the new law places restrictions on who can self-identify when changing the sex on their primary identification and these individuals include inmates, remandees, parolees, periodic detainees, people subject to a supervision order, forensic patients, correctional patients, along with people in custody or under supervision.
The bill further adds to the definition of intimidation contained in the Crimes (Domestic and Personal Violence) Act 2007 (NSW), so that it will soon apply to "outing" a person, or intentionally disclosing an individuals' sexual orientation, gender, a variation of sexual characteristics, that they are living with HIV or that they are, or have been, a sex worker.
Once this amendment has taken effect mid-next year, the offence of stalk/intimidate,
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
