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New sex and gender diversity legislation introduced today

By Barcham 28 November 2013 77

New legislation to improve the legal recognition of sex and gender diverse people in the ACT will be introduced in the Legislative Assembly today, says Simon Corbell.

The biggest and most important change is that individuals no longer have to undergo surgery to legally change their sex on their birth certificate.

I’ve met people who have saved for years in order to afford sexual reassignment surgery, and that whole time they’ve had to endure having their legal documentation listing them as the wrong sex.

So this is a good thing and it’s nice to see Canberra leading the way here.

The legal recognition of sex and gender diverse people in the ACT community will be improved by legislation introduced in the Legislative Assembly today, said Attorney-General, Simon Corbell.

“In today’s society the physical characteristics that identify a person as a particular sex are external characteristics that are socially recognisable. There is no need for exact knowledge of a person’s sexual organs, and no justification for requiring unwanted surgery,” said Mr Corbell.

“Although the Births Deaths and Marriages Registration Amendment Bill 2013 affects a relatively small number of people in our community, these changes will have a large and positive impact on this section of the community. Until now, these community members have been unfairly disadvantaged by outmoded restrictions on sex and gender recognition,” he said.

In an Australian first, the Bill removes the legislative requirement that a person wanting to change their record of sex on a birth certificate has to undergo sexual reassignment surgery. This is replaced with a requirement that they have received ‘appropriate clinical treatment’.

“This amendment aligns the ACT’s legislation with the Australian Government’s Guidelines on the recognition of sex and gender, and Australian Passport Office policy, so that there is consistency for sex and gender diverse people in the ACT Community.

“The Bill contains amendments to help sex and gender diverse people to exercise fundamental human rights, including the right to privacy and reputation, recognition and equality before the law, and the protection of family and children,” Mr Corbell said.

Other amendments made by the Bill include the declaration that interstate recognition certificates are, for the purposes of Territory law, evidence that the person has the sex stated in the certificate; amending the definition of ‘intersex’ to better reflect the federal definition; and extending the time parents have to register the sex of a child after birth from 60 days to six months.

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New sex and gender diversity legislation introduced today
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kumadude 7:56 am 10 Dec 13

gooterz said :

Why does sex need to be recorded? Oh wait it doesn’t.

I’ve done a bit of recording, didn’t have to, but did.

ausbradr 12:36 am 10 Dec 13

apstoo: “I have just as much right to an existance without harassment as anyone else does.”

Damn right, as much as anyone else not hurting anybody should.

But hell, townies seem to have a problem even if you dress a little differently. F*ck them. You stick to your guns. They need to learn tolerance. You’re just going about your business being yourself. Not like you’re hurting anyone else. They should understand this.

You’ve just as much right to exist, work, and live as anyone else, and it was pretty crap reading about how you had issues with work, or even going to a pub. Stuff most of us take for granted. That’s horrible! I’m pretty sure you need to pay the bills like the rest of us, socialise or whatever all the same.

Personally I find this place very intolerant if you don’t fit into the mainstream’s porcelain idea of “normal”. There really has to be a crackdown on hate crimes / harassment here.

howeph 9:14 am 03 Dec 13

Robertson said :

apstoo said :

Why must I hide who I am day in and day out just to survive?

It’s called discretion, and at some point most people grow up and learn to keep their private lives to themselves. For most people, being boring is easy. For others, it takes some effort.

Here’s the thing though: many people are not married, many people don’t go to the swimming pool, and I’m sure most don’t give a flying ^%$# if the ABS knows they exist or not. Things are fine without these things. You just don’t need them.
So stop trying to get a rise out of people by focusing on crap that doesn’t matter and learn to live a peaceful life.

Robertson do you hide the fact that you are a man? Are you discreet too? If not why not?

Of course you don’t and neither do I. The reason we don’t hide it is because our gender is fundamental to our identity.

Don’t believe gender is fundamental to your identity? Try this thought experiment: try to describe yourself from first principles. It would go something like this: “(1) I’m human. (2) I’m male. (3) …”

Now try and imagine that answering point (2) wasn’t easy. Wouldn’t that make it difficult for you? Would that still be “crap that doesn’t matter”? Not being able to get passed point two of “who am I?”

Here let me use an analogy that we both might agree on to show how your comment is offensive.

I, and I suspect you too, hate the burqa*. I suspect a reason we both dislike it is because it denies the women who wear it their identity. It is my understanding that the supporters of the burqa justify it by saying that women need to be modest; to be discreet.

Your demand that gender diverse people should also be discreet, is to metaphorically demand they wear a burqa over their gender diversity. Your demanding that they hide their identity too.

* Note: whilst I don’t like the burqa, I do not support laws to ban it.

Robertson said :

I pay rates in order to get water, roads and garbage collected.
I don’t pay rates so an army of underemployed third-raters can indulge in their legislative experiments with social engineering that benefits nobody.

What tosh.

We also pay rates and taxes to run the legislature. You know… “the deliberative assembly with the power to pass, amend and repeal laws”. Of course it is in the remit of the ACT Legislative Assembly to ensure that the laws governing the ACT are fair, just and non-discriminatory. Take your rubbish statements elsewhere.

apstoo 7:21 pm 02 Dec 13

Robertson said :

apstoo said :

Why must I hide who I am day in and day out just to survive?

It’s called discretion, and at some point most people grow up and learn to keep their private lives to themselves. For most people, being boring is easy. For others, it takes some effort.

Here’s the thing though: many people are not married, many people don’t go to the swimming pool, and I’m sure most don’t give a flying ^%$# if the ABS knows they exist or not. Things are fine without these things. You just don’t need them.
So stop trying to get a rise out of people by focusing on crap that doesn’t matter and learn to live a peaceful life.

I pay rates in order to get water, roads and garbage collected.
I don’t pay rates so an army of underemployed third-raters can indulge in their legislative experiments with social engineering that benefits nobody.

Yep, another bigot. I dare you to tell an Aboriginal person to be discreet. I dare you to tell an Asian person to be discreet. I dare you to tell someone with Downs to be discreet. I bet you don’t tell hetrosexual couple kissing public to be discrete.
Stuff your discreetness. I am. But I have just as much right to an existance without harassment as anyone else does.

milkman 6:01 pm 02 Dec 13

c_c™ said :

Robertson said :

CrocodileGandhi said :

It does benefit some people.

I see no empiric evidence that that is true. Reinforcing somebody’s denial of reality could well be more harmful than it is good.

What we *do* know is that the jumped-up City Council with delusions of grandeur we have just can’t help itself meddling with things that should be well outside its remit.

They have the worst-run hospital in the country, but instead of hiring more nurses, they hire more lawyers to &^%$ around writing unnecessary legislation, presumably to give its ludicrously overpaid and under-employed “Human Rights Commission” something to do.

You’re an insecure bigot, at least have the balls to just say so rather than making up wild excuses.

+1. Disgusting.

c_c™ 5:25 pm 02 Dec 13

Robertson said :

CrocodileGandhi said :

It does benefit some people.

I see no empiric evidence that that is true. Reinforcing somebody’s denial of reality could well be more harmful than it is good.

What we *do* know is that the jumped-up City Council with delusions of grandeur we have just can’t help itself meddling with things that should be well outside its remit.

They have the worst-run hospital in the country, but instead of hiring more nurses, they hire more lawyers to &^%$ around writing unnecessary legislation, presumably to give its ludicrously overpaid and under-employed “Human Rights Commission” something to do.

You’re an insecure bigot, at least have the balls to just say so rather than making up wild excuses.

poetix 4:52 pm 02 Dec 13

The hostility expressed towards this legislation reveals how some people don’t like anyone or anything that challenges their view of the world. Why should people have to conform to some great grey notion of normality? How do the people who make such crude assertions about what is normal have such confidence that their way of being is the only possibility?

Unfortunately, some of these people go out of their way to impose their world view on people who don’t conform, using ridicule or violence.

I have seen a group of young people start laughing quite openly at a person with a physical disability. If that’s how they act towards that kind of difference, imagine how they would treat those who they can’t easily place into the categories ‘male’ or ‘female’.

Robertson 4:00 pm 02 Dec 13

CrocodileGandhi said :

It does benefit some people.

I see no empiric evidence that that is true. Reinforcing somebody’s denial of reality could well be more harmful than it is good.

What we *do* know is that the jumped-up City Council with delusions of grandeur we have just can’t help itself meddling with things that should be well outside its remit.

They have the worst-run hospital in the country, but instead of hiring more nurses, they hire more lawyers to &^%$ around writing unnecessary legislation, presumably to give its ludicrously overpaid and under-employed “Human Rights Commission” something to do.

Robertson 3:56 pm 02 Dec 13

nobody said :

Beyond Blue recently launched this e-handbook to increase the level of understanding about gender diversity, and those who are making comments about mental illness should have a read, especially this section on Myths and Realities about Gender Diversity.
http://familieslikemine.beyondblue.org.au/#folio=45

Your link makes assertions that are not in agreement with reality.

“Gender identity disorder is classified as a medical disorder by the ICD-10 CM[6] and DSM-5 (called Gender Dysphoria)”

So, it could be a genetic disorder, or a hormonal disorder, however things like this:
http://www.ncbi.nlm.nih.gov/pubmed/23324476
suggest it is most often a disorder not caused by any physical cause and therefore a disorder of the mind.

Matthew said :

On the subject of factual.. UC, not ANU…

I apologise, Matthew, for your inadvertant promotion.

nobody 1:28 pm 02 Dec 13

Robertson said :

apstoo said :

voytek3 said :

Sorry to point out reality to those people with obvious mental issues but you are either male or female. Whatever you think or surgery is not going to ever change this fact. If you disagree you are wrong.

Hi Voytek3. You are incredibly wrong, and you have just breached the new amendments to the federal sex discrimination act by harassing gender diverse people by stating that they have mental health issues. How about you wake up to yourself? Gender diverse people exist, and yeah, we fit somewhere in between.
http://www.youtube.com/watch?v=t3QOTMCVREE
http://www.youtube.com/watch?v=xv1yk2Va9qc
http://www.youtube.com/watch?v=kNb5RNu25Uk

Why is it that so many hetronormatives think it is okay to harass or discriminate against people who are born different? Do you think it is okay to harass people based on disability, race, eye color, height, age?

Why is it that you people are such bullies? WTF is a “heteronormative”? Somebody who actually grasps reality? Not much of an insult…

It is a plain fact that sex is determined by our DNA. If there’s something going on in your brain that conflicts with your DNA, that would appear to me to be an obvious mental health issue.

Beyond Blue recently launched this e-handbook to increase the level of understanding about gender diversity, and those who are making comments about mental illness should have a read, especially this section on Myths and Realities about Gender Diversity.
http://familieslikemine.beyondblue.org.au/#folio=45

Matthew 10:06 am 02 Dec 13

Robertson said :

nobody said :

At these odds we may all know someone who is gender diverse.

Indeed, the ANU’s own unforgettable:
http://www.michellesullivan.org/

For some more factual information

On the subject of factual.. UC, not ANU…

CrocodileGandhi 9:26 am 02 Dec 13

When reading my above comment, remove one specifically in the second sentence. Your choice as to which one.

CrocodileGandhi 9:25 am 02 Dec 13

Robertson said :

I pay rates in order to get water, roads and garbage collected.
I don’t pay rates so an army of underemployed third-raters can indulge in their legislative experiments with social engineering that benefits nobody.

It does benefit some people. Specifically, those people that this legislation is specifically directed toward. It benefits them greatly. What it doesn’t do is harm anyone. So I’m not quite sure why you’re getting your knickers quite so twisted.

Robertson 8:45 am 02 Dec 13

nobody said :

At these odds we may all know someone who is gender diverse.

Indeed, the ANU’s own unforgettable:
http://www.michellesullivan.org/

For some more factual information than what is provided in your links:
http://www.ncbi.nlm.nih.gov/pubmed/21364939
http://www.ncbi.nlm.nih.gov/pubmed/23324476

Robertson 8:25 am 02 Dec 13

apstoo said :

Why must I hide who I am day in and day out just to survive?

It’s called discretion, and at some point most people grow up and learn to keep their private lives to themselves. For most people, being boring is easy. For others, it takes some effort.

Here’s the thing though: many people are not married, many people don’t go to the swimming pool, and I’m sure most don’t give a flying ^%$# if the ABS knows they exist or not. Things are fine without these things. You just don’t need them.
So stop trying to get a rise out of people by focusing on crap that doesn’t matter and learn to live a peaceful life.

I pay rates in order to get water, roads and garbage collected.
I don’t pay rates so an army of underemployed third-raters can indulge in their legislative experiments with social engineering that benefits nobody.

nobody 9:22 pm 01 Dec 13

Beyond Blue released an e-handbook last week, full of useful information for individuals, families, and friends who through circumstance need to deal with LGBTI issues.
Families Like Mine – http://familieslikemine.beyondblue.org.au/#folio=1

There is a section on Gender Diversity, which would be a good read for the ignorant who have posted, and also a good read for those struggling with gender diversity themselves.
Gender Diversity – http://familieslikemine.beyondblue.org.au/#folio=28

The e-booklet covers prevalence, stating 1 in 150 have strong and persistent feelings they are the wrong gender, and 1 in 500 will transition with surgery to another gender.
At these odds we may all know someone who is gender diverse.

Deref 6:45 pm 01 Dec 13

apstoo said :

Why is it that so called normal people treat people who are different like s***?

Normal people don’t – I suppose that’s why you said “so-called”. The arseholes who oppose this are anything but normal.

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