Australia name change for transgender people

Disclaimer: This is legal talk, not legal advice. Laws vary by state, and some of the information discussed on this page may not be applicable in your case. I cannot guarantee the accuracy of this information and provide it without warranty. Laws change and this information may contain errors and omissions. It is up to you to confirm any information herein by doing your own research.

Australian legislation

In 2011, a reader wrote:

Its been an amazing and exciting year, culminating in a major win locally when I was heavily involved with the Australian Passport Office and spent seven hard months fighting to get my passport changed. It involved coming up with a number of strategies and tactics to achieve it. It came about as I need to travel overseas a lot but because I am going through the initial 12 month transition phase I can't have SRS, so I had a total mismatch on my passport. So I went to get it changed, and encountered a whole set of discriminatory and conflicting government procedures, which I then did my best to get changed. I eventually did three months ago taking them at my own cost to an appeals tribunal. Went up against a law firm and they settled and agreed to change it.

Three months after and they sped up procedural changes and the result is very good for everyone.

http://www.canberratimes.com.au/news/local/news/general/passport-victory-for-sex-and-gender-diverse-australians/2295461.aspx

http://www.canberratimes.com.au/news/local/news/general/a-brave-struggle-brings-new-hope/2295455.aspx

The initial story with the passport office was available at this site :

http://www.thescavenger.net/isgd/australian-passport-change-for-sex-andor-gender-transitioning-people-739.html

but it doesn't seem to be up at the moment. I am happy to provide you with details if you are interested as I was using cases in the US to help justify some of my arguments.

Still awaiting details on NT, NSW, Victoria, Queensland, SA, WA, and Tasmania!

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ACT - Australian Capital Territory

In 2014, a reader sent this update:

The current fee for a name change, with certificate, is $150 (for FY July 2014 - June 2015).

In March this year, the ACT government no longer requires SRS in order for the gender on the birth certificate to be changed. It just requires a statutory declaration from a doctor stating that "appropriate treatment" has been received. It doesn't define what that treatment should be, though the text suggests that the "treatment" needs to be completed. So whatever the doctor agrees is "appropriate treatment" for each case.

It is easier to get gender changed on an Australian passport then getting the birth certificate changed. https://www.passports.gov.au/web/sexgenderapplicants.aspx

Other resources

Australia law

Precedent for transsexuals

[no specific case noted]