"Conformity is the jailer of
freedom and the enemy of growth."
Question of Legality
If a person born in the UK has been granted both a Gender Recognition Certificate (GRC) and an amended Birth Certificate (BC) in their preferred gender, but retain genitalia of the sex recorded at birth, how or what would be their legal status in Queensland?
Since the passing into law of the contentious UK Gender Recognition Act 2004 (GRA), Transsexuals (born in the UK) have been allowed to apply for and receive their GRC/BC without having Sex Re-assignment Surgery (SRS).
In Queensland, it is a pre requisite that you must have had SRS to be able to change your BC (for those born in Queensland). We accept this, but now wonder what is the legal status of those born in UK, but now residing in Queensland, who have been legally recognised in UK with-SRS and also without-SRS, in their new gender. The UK law is predicated on “Non Surgery” so allows those who do not wish to have SRS, or those that it would be life threatening to do so, to be able to apply to have their BC amended!
We wonder if those of us who have had SRS and received an amended BC in their preferred gender are now accepted in Queensland, whilst those who have not had SRS, but have an amended BC are not accepted.
Would this then constitute discrimination on the part of the Queensland Government, as the UK law that granted those who have not had SRS the right to an amended BC?
This is of great interest to those of us fortunate enough to have been recognised in UK, but now reside in Queensland. In Australia we are allowed to change some legal paperwork, either before or after SRS. The items after SRS are: Passport, Citizenship Certificate and Health Insurance Commission central records.
However, the UK Gender Recognition Act 2004 (GRA) and the UK Gender Recognition Panel (GRP) does not recognise the authority of these Queensland and Australian Identification Documents, therefore we have to ask the Queensland Government to consider providing a GRC which the UK authorities will find valid. (A Queensland GRC is currently not available.)
After we have been fully recognised and issued with an amended BC by the UK we are also fully recognised by the Pensions Department and the Tax Office in our preferred gender.
I would now ask, considering the apparent conflict between the UK and Australian legislations, what is our true legal status within both Queensland and Australia?
Kathy Anne Noble - 03/04/2007
President of Changeling Aspects
From: Neroli Holmes
Good Morning Kathy
The legal issues you raise are interesting. Unfortunately the ADCQ does not have the role or power under the ADA to provide legal advice to individuals or groups, in the situation you have outlined.
You may want to contact QPILCH (Public Interest Legal Clearing House), the group of public interest lawyers who in some circumstances can provide advice in this type of situation. Their phone number is 30129773.
Have a Happy Easter.
Phone: 3247 0902
Fax: 3247 0960
From: Kathy Noble
I will approach them and see what can be done.
I too hope that your Easter is restful and joyous
Love and Peace,
Reply from Queensland Public Interest Law Clearing House Incorporated - 11/04/2007--( 232 KB )
From: Karen Gurney
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