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Letter to QPILCH

QPILCH - Queensland Public Interest Law Clearing House

Attention of Emma

A Gender Recognition Certificate (GRC) or its equivalent is precisely that. It is issued to recognise a person’s preferred gender after Sex Re-assignment Surgery (SRS).

A Court Order, if obtainable does exactly the same, as it recognises a person’s preferred gender after SRS.

GRC

These are offered within Australia only by South Australia (1988) and Victoria (2005). The idea is that anyone who resides in those jurisdictions for a minimum of one year, but were born abroad can apply to be recognised in their preferred gender after SRS.

The UK, under their Gender Recognition Act 2004 (GRA) offer a GRC followed by an amended Birth Certificate (BC). The difference is that the UK-GRA 2004 is predicated on “Non Surgery” so people do not have to have SRS in order to have the correct genitalia for their preferred gender. This is largely due to the fact that most Female to Males (FtM) don’t have “Bottom Surgery” Phalloplasty for reasons of cost, ineffective operation of said genitalia and also being very invasive!

Court Order

This can be issued in Western Australia, but is a lengthy and costly route! I have attempted to follow this route in Queensland, but just to lodge costs $450.00 plus court costs and legal fees.

UK

If we are issued with either a GRC or Court Order from the jurisdiction  in which we currently reside in Australia, we can then apply to the UK, if born there, for a GRC and amended BC via their ‘Overseas Track’ which requires no medical examinations. If we have no GRC/Court Order offered, then we have to apply via a rather drawn out application under the ‘Standard Track, this involves 2 medical examinations. I can elaborate further on this track if required.

Queensland

Does not currently offer a GRC! I have been asking the Attorney-General’s Office here to amend the Act to cover this area for the reasons outlined earlier, this since February 2004!

We were continually told by the UK that we were not “Legally recognised in our preferred gender until a GRC was in place”

In Queensland people born here can apply after SRS to receive an amended BC in their preferred gender, as recognition. This was introduced in April 2003. No GRC was included in this amendment to the Act!

Question

Although now recognised in my preferred gender by UK (As I was born there) via both a GRC and an amended BC, as there is no GRC issued in Queensland it would appear that I am not recognised in said preferred gender in Queensland. I am allowed to change my name, drivers licence and myriad other items (32 in my case) that now register me as female, but in name only! They do not recognise my preferred gender as now being female!

The Australian Government allows us to change our details and sex it would appear on Passports, Citizenship Certificates and Health Insurance Commission central records, but none of these are written recognition of my preferred gender. These changes are only allowed after SRS!

So, what I am really asking is this?

Am I legally recognised in both Queensland and Australia in my preferred gender after undergoing SRS and being legally recognised by my birth Country, as there is no official recognition offered via a GRC by either the State or Federal governments!

Am I in Limbo, virtually stateless?

Kathy Anne Noble

President of Changeling Aspects

 


Personal Opinion

From: Karen Gurney

Sent: Wednesday, May 02, 2007 3:58 AM

To: Kathy Noble

Subject: Re: Qpilch


Qpilch    01/05/2007

Attention of Emma

A Gender Recognition Certificate (GRC) or its equivalent is precisely that. It is issued to recognise a person’s preferred gender after Sex Re-assignment Surgery (SRS).

That is the position for the UK GRC which deals with gender and preferences.

A Court Order, if obtainable does exactly the same, as it recognises a person’s preferred gender after SRS.

GRC

These are offered within Australia only by South Australia (1988) and Victoria (2005). The idea is that anyone who resides in those jurisdictions for a minimum of one year, but were born abroad can apply to be recognised in their preferred gender after SRS.

Kathy, the law in Australia is quite clear... birth certificates, and consequently Victorian and South Australian Recognition Certificates, relate to affirmed sex, NOT gender. Equally, a court makes a declaration as to sex, not gender. The law here, unlike in UK, recognises that transsexualism has nothing to do with preferences or life style, but is a matter of being born that way.

The UK, under their Gender Recognition Act 2004 (GRA) offer a GRC followed by an amended Birth Certificate (BC). The difference is that the GRA 2004 is predicated on ‘Non Surgery’ so people do not have to have SRS in order to have the correct genitalia for their preferred gender. This is largely due to the fact that most Female to Males (FtM) do not have Bottom Surgery Phalloplasty for reasons of cost, ineffective operation of said genitalia and also being very invasive!

A rubbish argument advanced by the PFC-transgenderists who refused to accept that the Re Kevin decision adequately addressed both the special needs of men with TS and the medical facts concerning transsexualism as opposed to GIDAANTS.

COURT ORDER

This can be issued in Western Australia, but is a lengthy and costly route! I have attempted to follow this route in Queensland, but just to lodge costs $450.00 plus court costs and legal fees.

UK

If we are issued with either a GRC or Court Order from the jurisdiction  in which we currently reside in Australia, we can then apply to the UK, if born there, for a GRC and amended BC via their Overseas Track which requires no medical examinations. If we have no GRC/Court Order offered, then we have to apply via a rather drawn out application under the Standard Track, this involves 2 medical examinations. I can elaborate further on this track if required.

QUEENSLAND

Does not currently offer a GRC! I have been asking the Attorney-Generals Office here to amend the Act to cover this area for the reasons outlined earlier, this since February 2004!

We were continually told by the UK that we were not Legally recognised in our preferred gender until a GRC was in place

In Queensland people born here can apply after SRS to receive an amended BC in their preferred gender  affirmed sex, as recognition. This was introduced in April 2003. No GRC was included in this amendment to the Act!

QUESTION

Although now recognised in my preferred gender by UK (As I was born there) via both a GRC and an amended BC, as there is no GRC issued in Queensland it would appear that I am not recognised in said preferred gender in Queensland. I am allowed to change my name, drivers licence and myriad other items (32 in my case) that now register me as female, but in name only! They do not recognise my preferred gender as now being female!

They are discriminating against you in the provision of goods and services on the basis of your sex. Go to the ADCQ. Your BC is prima facie proof of your sex and it is up to them to either accept it or lead evidence to the contrary.

The Australian Government allows us to change our details and sex it would appear on Passports, Citizenship Certificates and Health Insurance Commission central records, but none of these are written recognition of my preferred gender. These changes are only allowed after SRS!

So, what I am really asking is this? Am I legally recognised in both Queensland and Australia in my preferred gender after undergoing SRS and being legally recognised by my birth Country, as there is no official recognition offered via a GRC by either the State or Federal governments! Am I in Limbo, virtually stateless?

Kaz


 


Changeling AspectsIn affiliation with Agender-(Aust) & Transbridge-(Townsville)

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