Here are HRC’s recommendations (March 2009 report) to the government dealing with the problems of documentation that face Intersexed, Transsexual, and Transgendered people.
1: Marital status should not be a relevant consideration as to whether or not a person can request a change in legal sex.
2: The definition of sex affirmation treatment should be broadened so that surgery is not the only criteria for a change in legal sex.
3: The evidentiary requirements for the legal recognition of sex should be relaxed by reducing the quantity of medical evidence required and making greater allowance for people to self-identify their sex.
4: The special needs of children and young people who wish to amend their documents and records should be considered.
5: A person over the age of 18 years should be able to choose to have an unspecified sex noted on documents and records.
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7: Documents of identity and processes required for the legal recognition of sex should not reveal personal information about a person's past identity in relation to sex.
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9: Where possible, sex or gender should be removed from government forms and documents.
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11: The federal government should take a leadership role in ensuring that there is a nationally consistent approach to the legal recognition of sex in accordance with the recommendations of this paper, by …
The Constitutional situation in Australia is very similar to that of the USA, with similar restrictions on federal powers. The major difference is that marriage is covered by federal legislation in Australia (unlike the USA), but as in the USA, birth registration is a state matter.
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I was there at the official launch of this report, in one of the committee rooms at Parliament House. …
The press was conspicuous by its absence. This has led to some garbling of the report, for example … - “transgender people should also be able to undergo sex-change surgery regardless of their marital status”. That restriction was removed over 10 years ago. And it's been over 15 since having ever been married meant that no surgery could be contemplated. On the other hand, permission from an existing spouse is asked for, and it's most helpful if it's given. …
Extract is from Zoe Brain. In full at http://aebrain.blogspot.com/2009/03/australian-human-rights-commission.html
HRC report at http://www.hreoc.gov.au/genderdiversity/sex_files2009.html
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