Transforming History
Last Week Tonight with John Oliver: Trans-gender Rights
Problems with the SOGII Report - Part 1
Read as a PDF - (715KB) 26-06-2015
Problems with the SOGII Report - Part 2
Read as a PDF - (354KB) 26-06-2015
Complaints under the Sex Discrimination Act: Gender Identity
Read as a PDF - (115KB) 18-06-2015
Equality in Health
KATHY'S MEETING WITH SENATOR BRANDIS COMMONWEALTH ATTORNEY-GENERAL
Read this letter as a PDF - (112KB) 15-04-2015
KATHY'S LETTER TO THE ATTORNEY-GENERAL: HAS THERE EVER BEEN LEGISLATION ENACTED SPECIFIC FOR TRANS* PEOPLE?
Read this letter as a PDF - (157KB)
KATHY'S CORRESPONDENCE WITH ATTORNEY-GENERAL'S OFFICE REGARDING THE JOINT NGO SUBMISSION
Read this letter as a PDF - (170KB) 30-03-2015
KATHY'S LETTER TO THE ATTORNEY-GENERAL: HAS THERE EVER BEEN LEGISLATION ENACTED SPECIFIC FOR TRANS* PEOPLE?
Read this letter as a PDF - (157KB)
SECOND PART OF KATHY'S LETTER TO THE ATTORNEY-GENERAL
Read this letter as a PDF - (256KB)
THIRD PART OF KATHY'S LETTER TO THE ATTORNEY-GENERAL
Read this letter as a PDF - (327KB)
BIRTH CERTIFICATE V PASSPORTS 2012-2014
Read this letter as a PDF - (438KB)
Ireland backs same-sex marriage in referendum
Read more about this on the BBC News Website
AUSTRALIAN GOVERNMENT'S REPLY REGARDING DIFFICULTIES TRANS* HAVE WHEN CHANGING GENDER ON OFFICIAL RECORDS
Read this letter as a PDF - (348KB)
QUEENSLAND CONSOLIDATED ACTS RE CHANGE OF SEX AND NAME [PREVIOUSLY TITLED, 'RIGHTS AND RESPONSIBILITIES']
To achieve our Rights as Trans* people, and to be recognised in our preferred sex/gender---these are the Responsibilities at law that we are obliged to suffer.
Click here to continue reading...
TRANS* PERSON
STATE TERRITORY
CHANGE OF NAME DRIVER’S LICENCE BIRTH CERTIFICATE
COMMONWEALTH
MEDICARE, CENTRELINK, AUSTRALIAN TAX OFFICE, PASSPORT OFFICE (DFAT), CITIZENSHIP (DIAC), ELECTORAL OFFICE
LOCAL GOVERNMENT
RATES, PET REGISTRATION, LAND OWNERSHIP
NON GOVERNMENT OFFICES (NGOs)
DOCTOR, DENTIST, PHARMACIST, ENDOCRINOLOGIST, SURGEON, POST OFFICE, BANK, BUILDING SOCIETY, TELECOM, ELECTRICITY, GAS, PRIVATE HEALTH, ACCOUNTANT, SOLICITOR, INSURANCE COMPANY, LEASE COMPANY, AND PREHAPS MORE.
The full breakdown of requirements for each of the above, can be supplied. This is just to give some idea of the requirements thrust upon Trans* people, in order to be recognised in their preferred sex/gender.
The requirements are mind blowing, and prove to be too much for most to undertake, when having the internal conflict they are presented with, in order to come to terms with their inner feelings of wrongness. Call it what you will, ‘Gender Dysphoria, Transsexualism, Gender Diversity, or any of the other labels given to us.
This is directed at Trans* issues only. Intersex have their own areas of concern, which differ in so many respects from Trans* people, so I will not cover any part of Intersex.
The scales of injustice to Trans* people would register very strongly in favour of injustice. It would register 7 above the balance line, and hundreds under the balance line. This is if it is taken into context, that every piece of legislation in Australia leads to a minefield of complexity, that is far from being able to be understood by most Trans* people, who are lay people. Many legal people have difficulty in coming to terms with what we are supposed to understand. In many cases, we are told the onus of understanding is on us.
Read more of this article as a PDF [updated 24 Nov 2014] - (279KB )
Family Court Chief Justice calls for rethink on how High Court handles cases involving transgender children
Family Court Chief Justice Diana Bryant says she would like to see the court's jurisdiction tested in cases involving medical treatment for transgender children.
"I'd like to see the High Court have the opportunity to examine these kinds of cases, these gender identity cases and to decide whether or not the court has to be involved at all..."
Read more about this on the ABC Website - or view as a PDF - (212KB )
related articles
- Being Me: 'I want to be a girl, I'm sick of this body' - 'She would come home and say she didn't want to live' - Isabelle is 11. She is an Australian schoolgirl who was born a boy
TRANSGENDER DAY OF REMEMBERANCE 2014
From a friend in UK. Just thought I'd signpost the TGDOR 2014 (20th November).
Main website at:
UK events list at:
Main Facebook Page:
Download this as a PDF which includes photos of those who were unjustly murdered this past year - (236KB)
DEDICATION: DAY OF REMEMBERANCE
As a Trans* woman, I dedicate this to all Trans* people as they strive to reach their known gender/sex. I also dedicate it to those who are repeatedly abused physically, sexually and mentally. To those who, are denied their rights to amend their documentation, or are incarcerated in prison and faced with the problems that will present. I dedicate this to those who suffer from all forms of frustration, depression and legal abuse. Most of all, I dedicate this to those who are murdered, raped, brutalised, bullied and pressured into suicide, because they are Trans* people.
We need compassion and empathy in order to understand our many problems. We are not complex, it is the system that has created these complexities.
Kathy Anne Noble, Trans* and Proud.
LEGISLATION AND HEALTH IN REGARD TO TRANS* PEOPLE
This is the full paper, that I had hoped to give at the conference. I had to scale down 10 papers of about 60,000 words to fit into 10 minutes, and that did not happen.
Read more about this - (205KB )
ONGOING OUTCOME OF THE PASSPORT 2011 LEGISLATION & THE 2013 GUIDLINES
This is the ongoing outcome of the Passport 2011 legislation and the 2013 Guidelines. Please read carefully.
Read more about this - (288KB )
FROM THE REPORT ON THE 2013 GUIDELINES AND A CHANGE OF NAME AND SEX
We need to establish certain criteria when considering the above. The guidelines are only directed at the Commonwealth Departments, so I have to make that perfectly clear at the outset. States and Territories are not involved, as they have their own sets of legislation. This leads in many instances to the Commonwealth being reliant on the Registry of Births, Deaths and Marriage (RBDM) in these jurisdictions for certain qualifying criteria, much of which is diametrically opposed to the Commonwealth legislation, included in the 2013 Guidelines...
Click here to continue reading Kathy's comments about the report as a PDF - (256KB )
LEGISLATION HIDDEN IN CLEAR SIGHT 14-07-2014
When revising the data I have, concerning Trans* legislation, I quickly came to realise that most legislation has been there for many years, but unknown to the Trans* community. Legislation has been there, if you know where to look.
Most of which have been out of date, until recently updated. These laws are from the Commonwealth Government in the main, but the same situation applies to the States and Territories. The big difference being, that only the ACT has updated it’s legislation to come into accord with the Commonwealth.
Click here to continue reading...
The reason for the lack of legislation applying to Trans* people not being broadcast, was and still is, the belief that we are few in number, and therefore deemed for it to be un-necessary to make us aware of said legislation.
This is bourn out by the fact that most in the Trans* community are totally unaware as to how to go about amending documentation. Many are legally entitled to amend their documents, but are not made aware of how to, or what is required to do so. Cost in many instances is prohibitive, plus the fact that not all staff are helpful or understanding of our situation.
If the Trans* community is not made aware of how to access favourable legislation that is not broadcast as to it’s very existence, then how are we to know what we are expected to do. The problem with this is, that we have the onus of understanding placed on us, with very little, if any help from the departments concerned. It appears that over time, we have been badly used under these laws.
I started questioning legislation in 2004, as follows
- The first was the Queensland 2003 legislation. Since updated in 2012, but with little effect on amending documentation. Still requires divorce and sex affirmation surgery In order to amend a birth certificate
- In 2004, I questioned the UK Gender Recognition Act. This expected Trans* people born in the UK, but residing outside, to return to the UK for the two medical reports required. It took nearly two years to get this amended to a case by case basis using GMC registered clinicians working in Australia
- In 2007, Grace Abrams won a Court order against the Passport Office. This allowed her to amend her passport, even though remaining married after sex affirmation surgery. This started me looking at Commonwealth legislation
- In 2008, I questioned the deeming of Trans* people and their spouse to be classed as a same sex couple, if they remained married after sex affirmation surgery. This meant that they lost all rights under the marriage Act 1961. I also questioned the right of government to force us to divorce, as there is currently no law that can enforce this. To use the only accepted reason for divorce in Australia, would mean committing perjury
- In 2009, I received answers from the Commonwealth Attorney-General’s Office that deeming would no longer apply from July of that year. Also that a marriage once solemnised, would remain so, even if at a later date, one of the couple became transsexual
- I also contacted DIAC and DFAT in 2008/9 concerning Trans* people born abroad and what were the legislative requirements for them to amend their Residency Status and Citizenship
- Out of this, came my resource that was agreed to by both departments, before being printed and placed on my web site. The upshot of this, was that I discovered that legislation covering Trans* people born abroad was in plain sight, if you knew where to look. It was not broadcast. Interestingly, DIAC was using “NON SURGERY” then. This gave Trans* people born abroad an edge on those born in Australia. I am currently awaiting their up date, since the 2013 Guidelines. Passport Office added a clear dedicated web page to the site, which has helped immensely those wishing to amend their passport
- This led in 2007 to contacting the Australian Human Rights Commission (Then the Human Rights and Equal Opportunity Commission HREC). Meetings ensued concerning the lead up to Sex Files, released in March 2009. There has only been one of the 15 recommendations in this report so far acted upon
- 2011, saw the passport Office upgrade their legislation to coincide with DIAC, and their introduction of “NON SURGERY” and the sex box to be noted as either M,F or X. A change of name had to be included as well. This has unfortunately spawned a problem, as the States/Territories do not recognise “NON SURGERY”, other than the ACT since March 2014, so therefore, birth certificates are opposed to the passport. Hence the reason why many in the Trans* community now look upon the passport as the “CARDINAL DOCUMENT”
- 2013 led to the Commonwealth now coming into line in all their departments under the “Commonwealth Government Guidelines on the Recognition of Sex and Gender” None of this applies to the States/Territories at present, with the exception of the ACT. In 2009 the ACT no longer forced Trans* people to divorce, and in 2014, accepted “NON SURGERY” in order to amend a birth certificate for a Trans* person
Over time, I have asked for and received a great deal of help from the Commonwealth Attorney-General’s Office and the Commonwealth departments in helping to clarify perceived problems in the legislation at Commonwealth level. I am sorry to say, that so far as States/Territories go, it has not come up to the same levels.
Much of the above has come about via negotiation and a willingness to have an acceptable outcome on both sides. I thank all of those involved for their understanding and input, in helping in most cases to come to an amicable outcome.
The most recent being in 2013 was that of Medicare and the addition to their web page on “CHANGE OF NAME” to include now “CHANGE OF NAME AND SEX” for Trans* people. This, I understand has flowed on to Centrelink and the ATO. Front line staff are currently being trained in the new procedures in force since July 2013. This is making life easier for Trans* people to amend these documents. Full implementation by July 2016.
We now wait to see what pressures this will have on the States/Territories, to come into line with the Commonwealth Guidelines. The Queensland Review of the 2003 legislation has reached the consultation stage, but nothing has so far occurred concerning consultation, that I am aware of.
The World movement concerning Trans* people, is one of moving away more and more from Surgery towards non surgery of any kind, in order that Trans* people can amend their documentation. Another phenomena is that of “SELF INFORMED CONSENT” Here in Australia, we are far from prepared for this move. However, it is alive and well here, as many practice it, and go so far as acquiring their letters for surgery from Thailand.
Numbers are of course the big factor involved here. I just hope that the Health Ministries are not going to keep denying the fact, that the number of Trans* people is growing exponentially year on year. They need to become acquainted with this fact, and start to accept that numbers are growing, not diminishing as proven by the number of young coming out in Victoria and Queensland. The increases are considerable, and will continue to grow.
This of course is not just to be undertaken by the Commonwealth. The States/Territories need to cede their powers and come into line with the Commonwealth. I very much hope this happens in my life time, as at nearly 80, there is not too much time available to me.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
© Changeling Aspects
changelingaspects.com
A GUIDE FOR TRANS PEOPLE IN AUSTRALIA RESIDENCY, STATUS AND PASSPORT
This is the resource I put together with the assistance of both DIAC and DFAT. The final production was authorised by these departments in 2008/9. I have since up dated the Passport section and am waiting to see if there is to be an update from DIAC, in the areas of Immigration FOI and Citizenship.
Click here to continue reading Kathy's comments about this resource document...
It was down to me to get these out to Trans* people, which I did via my web site. I received no funding for this useful resource to both sides of the counter.
We need a resource like this, in booklet form to cover all Commonwealth Departments. Either that or broken down into separate booklets for each department if there are huge variations in approach and requirements. The basics are laid out in the Commonwealth “Guidelines on the Recognition of Sex and Gender”.
The DIAC and DFAT Departments are complimentary to each other, as one area leads to another. This could now be applied to Medicare/Centrelink as they are under the same banner of Human Services. (I was asked by the Cleveland branch for copies of what I had from Human Services) as this would help both staff and Trans* people to understand requirements.
I would hope that, with the standardisation at State/Territory levels of Government, that a similar approach would be adopted.
This will take funding from Governments, but it will provide open, clear and transparent directions concerning amending documentation for Staff and Trans* people.
This should also be applied to the Health Department, in a way similar to the approach by the UK NHS toward the Health and wellbeing of Trans* people.
Click here to view the resource documents as a PDF - (300KB )
ANZPATH CONFERENCE REPORTED ON 7.30 REPORT
This is the piece that was on South Australian ABC 7.30 Report concerning the upcoming ANZPATH Conference in Adelaide in October 2014.
- (Offsite link)
Conference Information at ANZPATH website - (Offsite link)
View the conference information PDF - (Offsite link)
EPATH Student Initiative!
EPATH is happy to announce the launch of the EPATH Student Initiative! This initiative allows both graduate and undergraduate students interested and active in the wide field of transgender health to get connected.
Read more at http://epath.eu/student-initiative/ - (offsite link)
May we kindly request you to direct young researchers to Silvano and Jonas at
Download the announcement flyer here
GAPS ON LGBTI HEALTH IN MEDICAL DEGREES LEAVE STUDENTS FENDING FOR THEMSELVES
WORRYING curriculum holes on LGBTI health for medical students have left it up to students to fill the gaps themselves with supplementary courses.
In response to concerns from students and advocacy groups about a lack of content relating to sex, sexuality, and gender identity in university medicine degrees, the Australian Medical Students' Association (AMSA) has launched a series of online modules called "AMSA Academy".
One of the most recent modules, called Let's Talk About Sex, has a significant LGBTI component — the online courses offer students presentations, forums and even assessment.
Dr Ruth McNair from the University of Melbourne and the Australian Lesbian Medical Association provided significant input into the modules. While she hoped the modules would increase pressure on universities to change content in the curriculum, she told the Star Observer it was becoming harder to include information on any subject in increasingly-crowded medical courses...
Read more of this article at the Star Observer - (offsite link)
UK - Faqs on the Implementation of the Gender Recognition Provisions of the Marriage Same Sex Couples Act 2013
Click here to view the Document as a PDF - (22KB )
AMA: Transgender Individuals not Required to Undergo Genital Surgery or Forced Sterilization in Order to Change Legal Identification
We are delighted to inform the WPATH membership that on Monday, June 9th, 2014 the American Medical Association joined the World Health Organization in adopting a policy declaring that transgender individuals should not be required to undergo genital surgery or forced sterilization in order to change legal identification documents, including birth certificates. The WHO's interagency statement, released in late May, focuses on the elimination of forced sterilization while ensuring sterilization is available for those who desire it. The AMA's statement addresses the problems of linking preventive treatment to a sex designation, and urges access to healthcare for a trans person's body regardless of paper records. AMA President, Ardis Dee Hoven, M.D. said, "The AMA seeks to ensure that transgender patients always receive appropriate preventive care regardless of whether or not it matches with the gender on the birth certificate."
Read more of this article at WPATH - (offsite link)
Laverne Cox for TIME Magazine
The people out there in America who have no idea what being transgender means, what do they need to understand?
“There’s not just one trans story. There’s not just one trans experience. And I think what they need to understand is that not everybody who is born feels that their gender identity is in alignment with what they’re assigned at birth, based on their genitalia. If someone needs to express their gender in a way that is different, that is okay, and they should not be denied healthcare. They should not be bullied. They don’t deserve to be victims of violence. … That’s what people need to understand, that it’s okay and that if you are uncomfortable with it, then you need to look at yourself.”
Click here to read more of this article at Tom & Lorenzo - (offsite link)
Interesting Facts in License to be Yourself
Full report can be found here
License to Be Yourself: Laws and advocacy for legal gender recognition of trans people
Not require divorce or dissolution a civil partnership
Argentina, Uruguay, the United States, New Zealand and 15 European countries (Austria, Belgium, Denmark, Estonia, Georgia, Germany, Iceland, Luxembourg, the Netherlands, Norway, Portugal, Romania, Spain, Sweden and Switzerland) do not require a trans person to end their marriage as a pre-condition to legal gender recognition. In January 2014, the Scottish Parliament’s Equal Opportunities Committee voted unanimously to remove the spousal veto from the Marriage and Civil Partnership (Scotland) Bill. Under this proposal, married trans people in Scotland will no longer be forced to obtain written consent from their spouse in order to gain legal gender recognition.41
Click here to continue reading...
Marriage equality legislation in New Zealand explicitly addresses the position of trans people. The Marriage (Definition of Marriage) Amendment Act 2013 which came into force in August 2013, defines marriage as “the union of two people, regardless of their sex, sexual orientation, or gender identity.” On the same date, the previous provision prohibiting married people from changing sex details on a birth certificate was repealed.42
In the United States, no state has a law requiring a trans person to be single or get divorced in order to obtain legal gender recognition. The law is clear that when one spouse in a valid different-sex marriage undergoes gender transition, their marriage remains valid.43 This holds true even in the many states that do not recognize same-sex marriages.
In South Africa the Alteration of Sex Description and Sex Status Act 2003 No. 49 states that previous rights and obligations “are not adversely affected by the alteration of sex details” (section 3(3)). However, in practice the Home Office requires previously married applicants to divorce.44
In 2006 the Austrian Constitutional Court ruled that a regulation prohibiting a trans woman from legally transitioning while she remained married to her wife lacked any basis in Austrian law.45 In 2008 the German Constitutional Court similarly invalidated section 8(1)(2) of the federal Transsexual Law which required someone applying for legal gender recognition to be unmarried or divorced. The judges found this created a conflict between a person’s right to marry and their privacy, which included their self-determined gender identity.46 Neither Austria nor Germany have legislated this right to stay in an existing marriage, though it was an element of the Bill proposed by the Green Party in 2009.
In 2002 the European Court of Human Rights Europe (ECtHR) recognized that trans people who had gender affirming surgeries had the right to marry as that sex (Goodwin and I. v UK). Only recently has the Court heard a case about the right to stay married. In November 2012, the ECtHR dismissed a complaint by a trans woman that the compulsory divorce requirement in Finnish law was in breach of her rights under the Convention (H v. Finland). The case was heard by the Grand Chamber of the ECtHR in October 2013 (Hämäläinen v Finland), with a decision expected in 2014.
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I suppose that we can now add in the Australian Commonwealth Government and their departments. This of course would be the Passport Office and the 2007 Court decision concerning Grace Abrams taking the Minister for Foreign Affairs and Trade (The Passport Office) to Court and won. Date 28-09-2007. Court order 2007/0955. This allowed her to amend her passport as she remained married after sex affirmation surgery. This opened up the field for all in the same situation, on a case by case basis.
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The Passport Office in 2008 then added a dedicated web page concerning how Trans* people could amend their passport. I worked with them and was allowed to put together a booklet on how to change passports. This was vetted by the department before I was allowed to put it onto my site and pass it to interested people.
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The following from the Department of Immigration and Citizenship (DIAC) states Note: the surgeon’s statement would contain information such as confirmation that the person has undergone a full gender re-assignment procedure. The psychiatrist’s statement would provide confirmation that the person is living as their chosen gender of identity, has undergone hormone treatment and shows no intention of reverting to their original gender.
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This would appear to have influenced the thinking concerning the 2011 Passport Office legislation.
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This in 2009 from the Commonwealth Attorney-General’s Office adds more support for those remaining married after sex affirmation surgery.
- Letter from The A-G dated 17-03-2009
- In relation to your letter of 24 January 2009, I would like to clarify the Government's position. I can confirm that the Commonwealth Same-Sex discrimination law reforms will have no effect on the Marriage Act 1961. The Marriage Act provides that a marriage must be between a man and a woman. This is consistent with current Government policy and there are no plans to change the Marriage Act to allow for a marriage to be solemnized between same-sex couples.
- Gender re-assignment surgery has never, of itself, changed the status of a marriage which was valid at the time of solemnization. It has always been the case that a validly solemnized marriage would continue, irrespective of whether one of the parties subsequently underwent gender re-assignment surgery. The same-sex reforms due to come into force on 1 July 2009 do not change that position.
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The legal recognition of the sex of transgender persons is primarily a matter for the States and Territories, as they are responsible for maintaining their respective Registers of Births, Deaths and marriages. All States and Territories have legislation which enables post-operative transgender persons to obtain either a recognition certificate or an amended birth certificate recording their preferred sex in certain circumstances, unless the person is a married person. Again, the same-sex reforms have no impact on this.
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Also in 2009, the ACT stated that it was no longer a requirement to divorce in order to amend your birth certificate.
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In 2011, the Passport Office amended their legislation allowing us to choose our sex marker to read F M or X. this for Trans* people meant we did not have to undergo having irreversible surgery. We could now choose to live in our preferred sex/gender. Choice had always been a way for many to express their true sex/gender. It also opened up the World for those who cannot afford surgery, or cannot undergo surgery, due to health reasons.
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2013, saw the implementation of the Guidelines on the Recognition of Sex and Gender, as well as the revised Commonwealth Sex Discrimination Act (SDA).
- 2014, and the ACT have again jumped the gun, by aligning their legislation to be the same as the Commonwealth, by not requiring a Trans* person to undergo surgery in order to amend their birth certificate
This now places those 6 States and 1 Territory outside of the Commonwealth and ACT legislation. We now have confusion in the Trans* community as to whether the rest of the States and Territories will follow on and amend their legislation.
Finally, I would like to draw your attention to the Argentinean Gender Identity and Health Comprehensive Care for Transgender People Act.
“Argentina’s 2012 law stands out as the only legislation that comprehensively addresses almost all of the human rights principles analyzed in this resource. It is the benchmark for activists and policy makers wishing to develop progressive gender recognition laws.”
The Argentinean Gender Identity and Health Comprehensive Care for Transgender People Act (Decree No. 773/12, of Gender Identity Act No. 26.743):
In Spanish: http://www.infoleg.gov.ar/infolegInternet/anexos/195000-199999/197860/norma.htm
In English: http://globaltransaction.files.wordpress.com/2012/05/argentina-gender-identity-law.pdf.
English Translation of Argentina’s Gender Identity Law as approved by the Senate of Argentina on May 8, 2012
Gender Identity Law - Buenos Aires, November 30th.
Article 1
Right to gender identity. All persons have the right,
a) To the recognition of their gender identity;
b) To the free development of their person according to their gender identity;
c) To be treated according to their gender identity and, particularly, to be identified in that way in the documents proving their identity in terms of the first name/s, image and sex recorded there.
Article 2 — Definition
Gender identity is understood as the internal and individual way in which gender is perceived by persons, that can correspond or not to the gender assigned at birth, including the personal experience of the body. This can involve modifying bodily appearance or functions through pharmacological, surgical or other means, provided it is freely chosen. It also includes other expressions of gender such as dress, ways of speaking and gestures.
Article 3 — Exercise
All persons can request that the recorded sex be amended, along with the changes in first name and image, whenever they do not agree with the self-perceived gender identity.
Article 4 — Requirements
All persons requesting that their recorded sex be amended and their first name and images changed invoking the current law, must comply with the following requirements:
1. Prove that they have reached the minimum age of eighteen (18) years, with the exception established in Article 5 of the current law.
2. To submit to the National Bureau of Vital Statistics or their corresponding district offices, a request stating that they fall under the protection of the current law and requesting the amendment of their birth certificate in the records and a new national identity card, with the same number as the original one.
3. To provide the new first name with which they want to be registered.
In no case will it be needed to prove that a surgical procedure for total or partial genital reassignment, hormonal therapies or any other psychological or medical treatment has taken place.
Article 5 — Minors
In relation to those persons younger than eighteen (18) years old, the request for the procedure detailed in Article 4 must be made through their legal representatives and with explicit agreement by the minor, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents. Likewise, the minor must be assisted by a children’s lawyer as prescribed by Article 27 of Law 26061.
When the consent of any of the minor’s legal representatives is denied or impossible to be obtained, it will be possible to resort to summary proceedings so the corresponding judges will decide, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents.
Article 6 — Procedure
Once the requirements stated in Articles 4 and 5 are met, the public officer will proceed – without any additional legal or administrative procedure required - to notify the amendment of the sex and the change of first name to the Civil Register corresponding to the jurisdiction where the birth certificate was filed so it will issue a new birth certificate incorporating the said changes, and to issue a new national identity card reflecting the amended sex and the new first name as now recorded. Any reference to the current law in the amended birth certificate and in the new national identity document issued as a result of it is forbidden.
The procedures for amending the records as described in the current law are free, personal and do not require the intervention of any agent or lawyer.
Article 7 — Effects
The effects of the amendment of the sex and recording a new first name/s according to the current law will create rights against third parties since the record is first made.
The amendment in the records will not change the legal entitlements to rights and legal obligations that could have corresponded to the persons before the recording of the amendments, nor those derived from the relationships consecrated by family law at all levels and degrees, that will remain unchanged, including adoption.
In all cases, the number in the persons’ national identity document will be relevant over the first name or morphological appearance of the persons, for identification purposes.
Article 8
The record amendments prescribed by the current law, once completed, can only be modified again with judicial authorization.
Article 9— Confidentiality
Only those authorized by the document holder or provided with a written and well-founded judicial authorization can have access to the original birth certificate.
The amendment of the recorded sex and the change in first name will never be given to publicity, except with the authorization of the document holder. The publication in newspapers prescribed by Article 17 of the Law 18248 will be omitted in these cases.
Article 10 — Notifications
The National Bureau of Vital Statistics will provide information about the change of national identity document to the National Registry of Criminal Records, to the corresponding Electoral Registry for correction of electoral rolls and to other bodies as determined in the regulation of this law, including those that might have information on existing precautionary measures involving the interested party.
Article 11 — Right to free personal development
All persons older than eighteen (18) years, according to Article 1 of the current law and with the aim of ensuring the holistic enjoyment of their health, will be able to access total and partial surgical interventions and/or comprehensive hormonal treatments to adjust their bodies, including their genitalia, to their self-perceived gender identity, without requiring any judicial or administrative authorization.
There will be no need to prove the will to have a total or partial reassignment surgery in order to access comprehensive hormonal treatment. The only requirement will be, in both cases, informed consent by the individual concerned. In the case of minors, the informed consent will be obtained following the principles and requirements established in Article 5. Without prejudice to the former, when consent for total or partial surgical intervention is to be obtained, the competent judicial authorities for the jurisdiction must also express their agreement, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents. Judicial authorities must express their views within sixty (60) days from the time they were required to provide their agreement.
Public health officials, be they from the state, private or trade union-run health insurance systems, must guarantee in an on-going way the rights recognized by this law. All medical procedures contemplated in this article are included in the Compulsory Medical Plan (that is, they are not subjected to additional costs for those having private or trade union-run insurance plans), or in whatever system replaces it, as decided by the enforcing authority.
Article 12 — Dignified treatment
The gender identity adopted by the individual must be respected, particularly in the case of girls, boys and adolescents using a first name that is different from the one recorded in their national identity documents. Whenever requested by the individual, the adopted first name must be used for summoning, recording, filing, calling and any other procedure or service in public and private spaces.
When the nature of the procedure makes it necessary to register information in the national identity document, a system will be employed that combines the initials of the first name, the surname in full, date and year of birth, and the number of the document, adding the first name chosen by the individuals on the ground of their gender identity if so required by them.
In those circumstances in which the person must be named in public, only the chosen first name respecting the adopted gender identity will be used.
Article 13 — Enforcement
Every norm, regulation or procedure must respect the human right to gender identity. No norm, regulation or procedure must limit, restrict, exclude or annul the exercise of the right to gender identity, and all norms must always be interpreted and enforced in a manner that favours access to this right.
Article 14
Section 4 of Article 19 in Law 17132 is repealed. (This 1967 law regulates the practice of Medicine, Dentistry and their auxiliary professions. The repealed section forbade doctors to carry on “surgical interventions modifying the sex of the sick person, unless they are performed after judicial authorization has been provided.”)
Article 15
The passing of this law is to be communicated to the Executive Power.
***
Translated by Alejandra Sardá – Chandiramani and Radhika Chandiramani
Translingua- Traducciones feministas multigenéricas
***
Reproduced with the permission of:
GATE – Global Action for Trans* Equality
www.transactivists.org
Portugal
Lei no 7/2011 - Cria o procedimento de mudanca de sexo e de nome proprio no registo civil e procede a decima setima alteracao ao Codigo do Registo Civil
www.dre.pt/pdf1sdip/2011/03/05200/0145001451.pdf (in Portuguese)
Spain
The Spanish Gender Recognition Law 2007 / Ley 3/2007, de 15 de marzo, reguladora de la rectificación registral de la mención relativa al sexo de las personas (in Spanish):
http://www.boe.es/boe/dias/2007/03/16/pdfs/A11251-11253.pdf
United Kingdom Gender Recognition Act 2004
http://www.legislation.gov.uk/ukpga/2004/7/contents
The Argentinean approach may not be feasible or appropriate in all parts of the world, at this point in time. However, as a best practice law that is based on strong human rights standards, it provides a checklist against which other approaches can be compared. It is hoped this resource will increase understanding about where current laws or proposals fall short of such human rights obligations. Some of these shortfalls require urgent attention, particularly those that amount to discrimination or cruel, inhuman or degrading treatment (including forced sterilization). Others, such as access to health services linked to gender transition, require progressive realization to the maximum of a country’s available resources.
Personally, I think this has set the benchmark, for all future legislation in Australia. I am perfectly aware of the vast abyss between Commonwealth and State/Territory thinking on this subject, but I do believe that there must be a National legislation in place. Currently the 9 separate legislations imposed on the Trans* community only lead to dissatisfaction and total frustration as we are not sure which legislation applies. Just look at the media release concerning the Guidelines, as well as the SDA,
It is a well known fact, that you can move to Victoria or New South Wales if born abroad, and after a years stay, be able to apply for a Recognised Details Certificate. This could help with amending documentation in your country of birth, but equally, would not be recognised when you moved to another State/Territory. Even the ACT, do not offer this facility to those born abroad.
I for one, am fed up with being told that we must take legal advice to sort out this dilemma. This has come about, due to the badly put together legislation and the fact that we in the Trans* community are governed by three sets of legislation.
- Legislation for all Australian citizens
- Legislation for Trans* people born in Australia, and those born abroad
- Legislation, from your Country of birth
As I have oft stated, we need less legislation that is concise, friendly and Nation wide.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
Jessica joyful about getting her new birth certificate
Canberran Jessica Walsh has reached a milestone day - the day when she can hand back a birth certificate that for her tells a lie.
"That little "M" is a bit annoying," Ms Walsh said with some understatement, referring to the section on her birth certificate that records her as a male. "I'm female and having my birth certificate saying I'm male is basically just false information."
Monday, April 28: new ACT laws take effect to allow people to change the sex on their birth certificate without the need for sexual reassignment surgery...
Click here to read more of this article at The Canberra Times - (offsite link)
Meeting with James Lambie, Director of Policy for the Commonwealth Attorney-General's Office
Dear James, 25 April 2014
This is my take on our meeting of the 24 April 2014. If there are any discrepancies, would you please correct, as I wish to place note of this meeting on my web site, as above.
Today a meeting between James Lambie, Director of Policy for the Commonwealth Attorney-General’s Office and I took place in Brisbane.
The meeting was concerning Trans* issues that I had raised with the Attorney-General’s Office over time. I found the meeting to be cordial and sincere from both sides, and I was pleasantly surprised at what was discussed.
It was mentioned by James that there is increasing support for the Trans* community and our perceived problems within the Parliament at large. One item that was discussed, was the urgent need for a National Trans* group to be formed. This was also discussed at my meeting with Tim Wilson from Human Rights on the 3 April 2014.
Click here to continue reading...
The feeling is that there are many in Parliament who are now realising that Trans* is an issue that has not been dealt with in the past, but must now be looked at. There is the recognition, that Trans* has nothing to do with being Gay or Lesbian, and that we stand alone.
Numbers were discussed, as there is no way of knowing just how many Trans* people there are in Australia. I offered details of percentage of population questioning their gender being from, 0.3% from the UN to 1.4% from the UK Human Rights Commission. We did not discuss Intersex, as that is for them to open a dialogue.
They realise that there are many areas of concern to be discussed and hopefully dealt with. The situation concerning us and marriage after surgery is a thorny one, which may ultimately come to rely on same sex marriage being recognised. This although from the Attorney-General’s Office dated 17 March 2009.
“Gender re-assignment surgery has never, of itself, changed the status of a marriage which was valid at the time of solemnization. It has always been the case that a validly solemnized marriage would continue, irrespective of whether one of the parties subsequently underwent gender re-assignment surgery. The same-sex reforms due to come into force on 1 July 2009 do not change that position.”
There is the hope that the COAG meetings and the “Years Grace period” will add to more understanding of the problems that exist between the Commonwealth Government and the States and Territories in relation to the huge differences in legislation between these nine governments.
We also discussed the situation concerning taking input from the Trans* community into account. The reason being, that we are only too well aware of our situations and the lack of awareness and understanding at all government and departmental levels that we are expected to deal with. There really needs to be more input from the Trans* community, as at present, it appears to come mainly from the Gay and Lesbian communities. I pointed out, that they do not have to abide by three sets of legislation, those being
- For the general public at large
- For those Trans* people born, or now residing in Australia
- For those born abroad, if allowed to amend their documentation in their Country of birth.
- This along with the fact, that we have to contend with amending 40+ pieces of documentation
- Do not have to amend their birth certificate or passport and many other items
- They are not subjected to appraisal, as we are, to assess that we are indeed suffering from Transsexualism
Lastly, we returned to the need for a National Trans* group to lobby Parliament concerning the many problems we face, and the urgent need for help and understanding.
Nothing was promised, other than the fact that the areas outlined would be looked at and considered.
I for one cannot think of a better outcome from our first meeting.
This is what I raised with James.
PROBLEMS and WISH LIST 20-04-2014
PROBLEMS
Departments ask us to contact them by email and get the documents from them on line. Many do not have access to computers, so this means that Trans* people give up, when trying to organise amendments to documentation.
Medicare/Centrelink are in the main still initiating the changes introduced in July 2013. Some are up to speed, but in many instances, front line staff are not aware of these changes. This in some cases can lead to confrontation.
Most are not aware that the changes have until July 2016 to be fully implemented. This was not made very clear, as was the problem concerning the “Guidelines and SDA” only applying to Commonwealth and not States/Territories.
Most are not even aware of the media release concerning these facts, hence the annoyance at lack of communication in these very important matters.
There is very little if any knowledge of the “1 year Grace Period” within the Guidelines or the SDA. This commenced end of July 2013 and will end at the end of July 2014.
It is only because activists and advocates within the Trans* community have got this out to Trans* people, that there is any form of awareness.
We have three sets of laws to understand and live by. These being
- Legislation for all Australian citizens and permanent residents
- Legislation at State/Territory level concerning Trans* people born within that jurisdiction, and those residing there, who were born abroad
- Legislation concerning the Country of birth, if offered
- For those born in your jurisdiction or off shore are they fully recognised at law after sex affirmation surgery? Not applicable to BDM Qld. The person concerned should seek legal advice.
EFFECT OF REASSIGNMENT OF SEX CURRENT AS AT DECEMBER 2012 IN Queensland legislation
How does this fit into the scheme of things?
(1) A person who has had the reassignment of the person’s sex entered into a register maintained under a corresponding law is a person of the sex as reassigned. Are the laws from abroad recognised?
(2) A person who is the subject of a recognition certificate is a person of the sex stated in the recognition certificate. My UK recognition certificate does not count, because of the section concerning the library and only on shore recognition certificates would be recognised. Is that correct? A recognition certificate as mentioned in the Births, Deaths and Marriages Act 2003 is defined by it's description which in part states 'recognition certificate means a certificate issued under the law of another State that identifies the person who is the subject of the certificate...' The key is 'issued under the law of another State'. In other words, BDM can only accept a recognition certificate that has been issued in Australia.
(3) However, the person must comply with section 23 for the reassignment of the person’s sex to be noted under this Act. This as I understand it, only relates to those born in QLD and the RBDM register.
Correct, to note a re-assignment of birth in Queensland your birth must be registered in Queensland.
(4) If the reassignment of a person’s sex is noted under this Act, the person is a person of the sex as reassigned. If I am not noted under the Act as I was born abroad, so what sex am I in QLD? Unfortunately I cannot give you legal advice. You would need to contact your legal advisor for an answer to that question.
- Queensland Legislation in black
- My questions in red
- RBDM answers in blue
List of requirements (for BDM Qld to note a person's reassignment of sex on their birth registration).
- Over 18. In Queensland, an application can be made to note the reassignment of a child's sex.
- Single ( Read Divorced). The reassignment of a person's sex can only be made if the person is not married.
- Evidence of divorce or partner’s demise. As above.
- Evidence of sex affirmation surgery. Statutory declarations, by 2 doctors, verifying that the person has undergone sexual reassignment surgery or a recognition certificate. A recognition certificate means a certificate issued under the law of another State that identifies the person who is the subject of the certificate as (a) having undergone sexual reassignment surgery; and (b) being the sex stated in the certificate.
- Does your jurisdiction accept an orchiectomy and oestrogen, or a double mastectomy and testosterone as being sufficient to qualify for an amended birth certificate? No.
Sorry for these queries, but I feel that this is the essence of the misunderstandings that arises within the Trans* community as I understood that QLD RBDM accepted an orchiectomy as being able to amend a birth certificate.
As per a case by case basis, as I believe that this happened to a friend in Townsville Last year. Correspondence was via Colin and a young lady there. Can you please check again?
Since then, two others have amended their birth certificate using this route. I have recently seen an amended birth certificate using this route, and it has been confirmed that the person concerned has only had an orchiectomy.
The only way that a client who had undergone any of those procedures could apply to note a reassignment of sex in Queensland is if they produced statutory declarations, by 2 doctors, verifying that they had undergone sexual reassignment surgery.
The doctors are not required to advise what constituted the reassignment surgery.
Thank you for that, as it puts the whole scene from last year into focus
This only leads to utter confusion concerning Trans* people. Just what they can and cannot amend, due to the requirements set by the 9 governments in Australia. This is why New Zealand and the UK are so far ahead of us. They only have one Government to deal with.
WISH LIST
- To have Trans* people recognised as human beings who suffered a quirk of nature
- One law to cover the whole of Australia. Not as at present, laws from Commonwealth, States and Territories
- Full recognition at law, as is stated by all State/Territory legislation, but not practiced, concerning those born abroad or even on shore
- (1) A person who has had the reassignment of the person’s sex entered into a register maintained under a corresponding law is a person of the sex as reassigned.
- (2) A person who is the subject of a recognition certificate is a person of the sex stated in the recognition certificate
- Easy and friendly access to amending legislation
- Recognition Certificates and Recognised Details Certificates issued within Australia and abroad, to be recognised every where in Australia
- Our health needs to be fully recognised, especially in the mental health and suicide areas
- Teaching concerning Transsexualism to be implemented at all levels. This to be included in Universities, Medicine, Governments and Departments and Parents
- Discrimination to cease at all levels.
Kathy Anne Noble TRANS* & Author
WPATH Member
© Changeling Aspects
changelingaspects.com
Invitation to meeting at the Commonwealth Attorney General's Office
This is the letter that preceded the invitation to meet the Director of Policy in Brisbane. Click here to view the letter as a PDF - (2.8MB )
Malta & India Trans* recognised in law
Click here to view the articles as a PDF
Email to the Human Rights Commissioner Tim Wilson about making things happen
From: Kathy Knoble []
Sent: Wednesday, 16 April 2014 3:10 PM
To: Tim Wilson; Siri May
Subject: FW: Voice
Good Afternoon
We in the Trans* community have no voice nationally. I personally feel that it is time to shut up and let the Gays and Lesbians run the Trans* world, surely can’t make a bigger hash of it than an unresponsive Trans* community..
We are told how to act and amend documentation by Gays and Lesbians, so let them now completely run our lives.
It makes no sense to go on hitting your head against a brick wall, as I have done since 2004. I will have my meeting with the Commonwealth Attorney-General’s Director of Policy next week here in Brisbane.
After that, I will seriously consider what comes next.
Kathy
Click here to continue reading...
----------------------------------------------------------
Hi Kathy, 16-04-2014
Thanks for your email.
There are different components. National advocacy is one issue. Clearly there isn’t the clarity that everyone requires. We will do what we can to help. But we also don’t want to displace important national voices on these issues from within the trans* community.
But there is also a local and human dimension. I was speaking to the QLD Anti-Discrimination Commissioner, Kevin Cocks, the other day about trans* issues. He kept telling me of the vital and important work you were doing directly to improve people’s lives. He and his staff were in awe of your efforts and achievements.
As we discussed the other day, trans* issues are complex and it has taken thousands of years to get the first toe on the starting block. But we are now there. It is because of people including you, Kathy, that we are now there. Now isn’t the time to be pulling back. It is the time to be encouraging others.
Kathy, I don’t think you appreciate how important the work you do is for people facing these difficult issues during an incredibly challenging period of physical, mental and life transition.
The work you do is national, State and local. Don’t become dispirited because of issues in one space. Your contribution is too great, and I suspect much greater than you realise and so many people are thankful for it.
Warm regards,
Tim Wilson
Human Rights Commissioner
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T + M F +
E W www.humanrights.gov.au
Australian Government Guidelines on the Recognition of Sex and Gender - Requirements: Correspondence from Government
Read the Australian Government's correspondance with Kathy Noble. Click here to view the PDF (825KB)
Gender ruling: High Court recognises third category of sex
A Sydney resident who fought to be legally recognised as being of non-specific sex has hailed a High Court ruling that New South Wales laws do permit the registration of a category of sex other than male or female.
Norrie was born male but had a sex change and now does not identify as specifically male or female. After a four-year legal battle, Norrie has won the right to be legally recognised as being of non-specific sex.
Read more on ABC website
Australian Medical Students' Association officially adopts the LGBTIQ health policy
Good evening,
This is just a short email to announce that the Australian Medical Students’ Association officially adopted the LGBTIQ health policy, including the creation of an LGBTIQ Health Officer. Overall, the policy gained overwhelming support, which I believe reflects the willingness of medical students to learn about LGBTIQ health. I would like to kindly thank everyone who contributed and lent their support.
The policy is available here: http://media.amsa.org.au/policy/2014/201403_LGBTIQ_Health_Policy.pdf
And also available on changeling aspects: AMSA LGBTIQ Health Policy
Please feel free to distribute these great news across your networks.
Kind Regards,
Asiel Adan
COMPLAINT—DISCUSSION—RESOLUTION: CENTRELINK
I was contacted by a friend concerning a perceived problem in regard to Centrelink, as follows
Dear Kathy, 19-03-2014
As per our conversation today, Re Centerlink. I went into my Centerlink account and tried to update my profile and found that I was still called by my previous name, my name should be( Carla Ronnie Bay), Not (Ronald Bay) and it said I was still Male when my passport and drivers licences clearly states I am female.
I was told by the staff at the Cleveland office that if I present my passport it can all be corrected but when I took the passport into the Capalaba office I was told it could not be done without documents stating that I had had all the medical procedure of gender reassignment surgery completed.
Kind Regards
Carla Bay,
This was a Commonwealth Government department and therefore more likely to be subject to the Commonwealth Sex Discrimination Act (SDA) and therefore not subject to the Queensland Anti-Discrimination legislation.
Following are the pages from the “Guidelines on the Recognition of Sex and Gender/SDA and Human Services (Medicare/Centrelink)
Click here to continue reading...
To the Department of Human Services
Good Morning Angela,
I have received a complaint concerning the new guidelines for Trans* people amending their documentation with Centrelink. Both are local to me, in Cleveland and Capalaba in Queensland.
Front line staff and Managers do not appear to be aware of the new system that you kindly sent to me, as follows
Updating your personal details on a Medicare Card for TRANS* people noting a change of name and gender
This would be of immeasurable assistance to both Trans* and front line staff in Medicare.
Thank you again for your very prompt assistance in these matters.
If there are any other details to clarify, please contact me.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
Updating your personal details on a Medicare Card
Changes to your Medicare card details must be done in person at your local service centre.
Supporting documentation is needed to change details, such as your name or date of birth.
Appropriate supporting documents are:
- current driver's licence
- birth certificate
- marriage certificate issued by Births, Death & Marriages (non-commemorative)
- legal document
- bills such as telephone or electricity accounts
Appropriate supporting documents to change your sex or gender are:
- a statement from a registered medical practitioner or psychologist
- a valid Australian Government travel document, such as a passport that specifies your sex or preferred gender
- an amended state or territory birth certificate that specifies your sex or preferred gender
- a state or territory Gender Recognition Certificate or Recognised Details Certificate showing a state or territory Registrar of Birth Deaths and Marriages has accepted a change in sex
Our Customer Service Officers will treat sensitive issues in confidence. You can discuss changes to your enrolment by calling 132 011.
Once your details have been changed, we will cancel your old card and keep it. You will be given a temporary card to use until you receive your new card in the mail.
In extreme cases, if you live in a remote area or cannot visit a Medicare Service Centre, you can send a signed request with certified copies of the above documents and your current Medicare card to:
Department of Human Services
GPO Box 9822
in your capital city.
Until your new card arrives in the mail, it is important you record your old card number for Medicare claiming purposes.
Thank you Angela,
That is most welcome news. I will pass it on via my web site.
In regard to the Updating Details, I understand about the designated web page. What you have done is excellent, as it is a vast improvement on what was previous, as it gave no directions really to Trans* people.
I note that you are using the “Guidelines” which is great. However, as I have pointed out to the department concerned with the “Guidelines” it does not have anything to do with those born abroad and recognising their documentation, such as birth certificate, passport or recognition certificate from their country of birth. I hope that this will be amended to come into line with both DIAC and DFAT (Passport Office)
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
I am sure that you will understand that this has caused some considerable ill will with the Trans* person concerned. This is prior to her having sex affirmation surgery in Melbourne next week. She wanted to clear up outstanding problems of name as you will see. Also to have her details corrected at Centrelink to coincide with her passport (also mentioned in her email)
Can you please have this investigated, as it seems that although you sent out a memo concerning these new arrangements, they are not being followed, or have not acquainted themselves with the new regulations?
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
The above is what Human Services have amended on their web page, so that the applicable details listed in the Guidelines and the SDA are there for reference.
I then went to the Cleveland Centrelink Office and requested a meeting with the Manager. This was arranged on the 21 March 2014 and went very well.
I expressed the view that it was more a case of lack of understanding Trans* issues and the possibility of training. I was not happy with the thought that discrimination was to become an issue. My intent was for both sides to air their views and then work for the common good
I believe this has been achieved, as per the attached emails from the Manager.
From: Vlaanderen, Merrilyn [mailto:]
Sent: Friday, 21 March 2014 1:21 PM
To: ''
Subject: Enquiry [SEC=UNOFFICIAL]
Hi Kathy
Thank you for bringing to my attention today your concerns regarding customers changing their gender on the their Centrelink records..
I have followed up your enquiry and can confirm our policy and guidelines adhere to current legislation.
The guide to the Social Security Act states:
:
Any of the following is sufficient evidence to verify or amend a person's gender for social security purposes
- a statement from a registered medical practitioner or a registered psychologist, specifying that the person has had, or is receiving appropriate clinical treatment for gender transition, or
- a valid Australian Government travel document, such as a passport which specifies their preferred gender, or
- an amended State or Territory birth certificate which specifies their preferred gender.
A person who is transgender may have undergone or be undergoing sex reassignment surgery, whether in or outside Australia. However, sex reassignment surgery and/or hormone therapy are not pre-requisites for the recognition of a change in gender for social security purposes.
The case you brought to my attention has been followed up and rectified.
With Thanks
Merrilyn Vlaanderen
Cleveland Service Centre Manager
Ph 33830125
Mobile 0408883863
Spectrum 730 125
Hi Merrilyn,
Thank you so much for this.
I am very pleased at the outcome, as the last thing that I wanted, was to have problems arise, that would sour our relationship between Human Services and the Trans* community.
With your permission I will place this on my web site, so that my Trans* friends in Australia can view it.
Again, thank you for your very prompt attention to this problem. I will forward this to the Australian Human Rights Commission, to show that all is in order.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
From: Kathy Knoble [mailto:]
Sent: Friday, 21 March 2014 3:29 PM
To: Vlaanderen, Merrilyn
Subject: Question
Hi Merrilyn
Would it be of any benefit to Staff if I was to come in and give a chat and take Q & A on this matter?
If so, please let me know
Sincerely
Kathy
From: Vlaanderen, Merrilyn [mailto:]
Sent: Friday, 21 March 2014 4:04 PM
To: 'Kathy Knoble'
Subject: RE: Question [SEC=UNOFFICIAL]
Thank you for the offer Kathy
Based on your enquiry today and have already followed up some training material for my staff to ensure they are aware of and are complying with requirements. This has been passed onto other neighbouring offices and raised with our business support team.
With Thanks
Merrilyn Vlaanderen
Cleveland Service Centre Manager
Ph 33830125
Mobile 0408883863
Spectrum 730 125
I initially reported this to the Australian Human Rights Commission and received this reply. This after sending the above emails concerning the complaint from Carla.
Good morning Kathy,
Thanks so much for sending this through, the response you have provided to Angela appears to have been helpful to her.
I am sure you are also aware that individuals can now make complaints to the Australian Human Rights Commission if they believe they have been discriminated against on the basis of the new grounds within the SDA Amendments also. If any of you become aware of trans* people being discriminated against in access to, or delivery of service, because of their gender identity, I urge you to discuss the possibility of bringing a complaint under the new provisions to the Commission.
This step could have two contributions towards broader equality in this context;
- First the individual may well get a satisfactory outcome from the conciliation, that is the discriminating behavior may stop and be replaced by respectful and inclusive behavior.
- Secondly, at the Commission we can understand from the complaints data, how the new provisions are being used, and how effective they are in preventing this form of discrimination.
As I know you are fully aware Kathy, most states and territories already have some form of protection against discrimination on the basis of sexual orientation and gender identity; however, the SDA Amendment Act has introduced more inclusive definitions in sexual orientation and gender identity. It addresses gaps such as a lack of coverage for acts or practices of the federal government. It also includes the new ground of intersex status.
Thanks again, most appreciated.
Kind regards,
Siri.
Siri May
Senior Policy Advisor
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 T + or ?F + E | W humanrights.gov.au
Hi Siri,
Good outcome all round I feel.
My friend and I are very happy that this problem is resolved to everyone’s satisfaction so promptly.
My relationship with Medicare/Centrelink has always been good, and I did not want it to be other wise.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
© Changeling Aspects
changelingaspects.com
Interview with Clifton Cortez, UNDP. Transgender Community Participation at WPATH Symposium.
Births, Deaths and Marriages Legislative Review
This is the latest from the Queensland BDM Review Board.
I think it shows promise and have said so.
I hope that I am not treading on any toes
---------------------------------------------------------------------
From: Kathy Knoble []
Sent: Tuesday, 4 March 2014 5:09 PM
To: 'bdmlegislativereview'
Subject: RE: Births, Deaths and Marriages Legislative Review
Dear Legislative review board,
Thank you for this information. I look forward to being able to take part in any discussions concerning the situation for Trans* people.
I am pleased that you are aware of the “Regulation 5 of the Sex Discrimination Regulations 1984 which prescribe all State and Territory laws in force on 1 August 2013 for a stated period of one year”
There is immense hope that the current review will help alleviate many of the problems faced by Trans* people residing in Queensland.
I don’t wish to be presumptuous, but I really hope that after asking for amendments since 2004, that at last the Trans* community will be consulted on these matters.
Sincerely
Kathy Anne Noble
Click here to continue reading...
---------------------------------------------------------------------
From: bdmlegislativereview []
Sent: Tuesday, 4 March 2014 4:17 PM
To: Kathy Knoble
Subject: Births, Deaths and Marriages Legislative Review
Dear Ms Noble
Thank you for your e-mail of 12 February 2014 regarding the amendments in 2013 to the Sex Discrimination Act 1984 (Cth) (the Act) and whether this is part of the current review of the Births, Deaths and Marriages Registration Act 2003. We apologise for the delay in responding.
The Act provides protection at a federal level against discrimination on the basis of sexual orientation, gender identity and intersex status. Section 40 (2B) of the Act provides an exemption for conduct in direct compliance with prescribed State and Territory laws.
The Queensland Government is aware of Regulation 5 of the Sex Discrimination Regulations 1984 which prescribe all State and Territory laws in force on 1 August 2013 for a stated period of one year.
The scope of the current review of the Births, Deaths and Marriages Registration Act 2003 is set out in the Terms of Reference (available at www.justice.qld.gov.au/bdmactreview) and includes considering changes to modernise the act and simplify its operation. The review team is aware of the issues you have raised regarding sex and gender recognition and the above matter, and will take these into consideration as part of the review .
There will be further opportunities for you to contribute to the review following the public release of a consultation paper. More information will be made available on the Department of Justice and Attorney-General's website in the coming weeks.
Kind Regards,
Registry of Births, Deaths and Marriages,
BDM Revitalisation Program
Ground Level, 63 George Street
PO Box 15188,City East QLD 4002
---------------------------------------------------------------------
From: Kathy Knoble []
Sent: Monday, 24 February 2014 8:28 AM
To: bdmlegislativereview; 'Attorney'
Subject: Courtesy
Good Morning,
I have now been told on three separate occasions that someone would phone me back concerning my submission to the Births, Deaths and Marriages Registration Act 2003—review.
The last was on Thursday last week. To date, there has been no response, as has happened previously. I think that it is only common courteous to reply, if that has been indicated
I await your reply to my queries.
Sincerely
Kathy Anne Noble
The Commission’s work on promoting and protecting the rights of Trans* women
Dear Kathy, 07-02-2014
I apologise for not being able to respond to your email earlier, but thank you for raising your concerns about the Commission’s work on promoting and protecting the rights of Trans* women.
The Commission’s statement for International Day to eliminate violence against women and the 16 days campaign (https://www.humanrights.gov.au/news/stories/leadership-critical-eliminating-violence-against-women), covers all forms of violence against all women, including Trans* women. But as the focus of the statement was on the need for strong leadership in the community to ending violence against women, it did not speak explicitly on the specific groups of women who are at risk of experiencing such violence.
Click here to continue reading...
However, as you will be aware, the Commission has been promoting the rights of trans* and gender diverse people including pushing for and educating the public on new protections against discrimination on the basis of gender identity: https://www.humanrights.gov.au/new-protection
The Commission has also made statements to the UN Human Rights Council expressing concern at the serious human rights violations and calling for more formalised action on LGBTI rights: https://www.humanrights.gov.au/news/stories/call-formalised-international-lgbti-rights-action
I hope that assists to clarify the work of the Commission in this area.
Thanks,
Alison G Aggarwal Principal Adviser, Sex Discrimination Team
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T + F + M
E W www.humanrights.gov.au
A Plea for Understanding
Dear Jamison,
When reading the acronyms WPATH and ANZPATH they lend no meaning to the TH in each and what it supposedly infers. It is only when reading the full titles, World Professional Association for Transgender Health, and Australian and New Zealand Professional Association for Transgender Health, that you realise TH refers to Transgender Health.
This appears to be the sole purpose for their existence. I and many others in the Trans* community thought this would lead to fostering higher education and understanding of all things Trans*. This to be achieved by pursuing that core curriculum are included in University on Transsexualism for the entire Medical Fraternity. There appears to have been very little in regard to this approach pursued by WPATH over the years.
It would appear that I am naïve in this respect, as it appears to Trans* people that there has been very little movement in this direction. Many feel they are being used and in many cases abused by the “Professionals” who are supposedly there to help us understand the journey we are about to undertake. This is akin, to the blind leading the blind. This is of course the real reason behind why many Trans* people are moving away from the ‘recognised’ path of using “gatekeepers” to largely doing self analysis and their own informed consent.
Click here to continue reading...
The paper that I wrote ‘Coming Trend within the Trans* community, including Doubts and Regrets’ was intended to open dialogue on the coming situation facing not just Trans* people but professionals too. It was very soon evident that the message in the paper was neither read nor recognised. What was, was the one WORD “TRANS*” with or without the * and was discussed at great length by many professionals within WPATH.
Does this further imply that professionals are not interested in what is happening in regard to Trans* people and how they appear to us? Uncaring, unsympathetic, lack of empathy and constantly asserting that they know best.
Many of us in the Trans* community will allow that, if and when the “professionals” do have meaningful accreditation earned at University, that conveys a knowledge of all things Trans*. Until then, the current trend will only grow even more, as trans* people turn away from ”professionals” who in many cases only come to recognise a need for helping Trans* people, when one of us walks through the door of their practice. This for many “professionals” is the time that they should state that they know nothing about our condition, as many are not equipped to deal with us. For many, it ends up with the Trans* person teaching the “professional”
I implore WPATH and ANZPATH to direct their energies into achieving full University teaching of this subject. Most on both sides are aware of the numbers growing exponentially and that Trans* people are no longer a minor irritant. Because of lack of leadership from the Medical Fraternity, there is no way that Governments will accept the oncoming problems they face in regard to health problems in the Trans* community. Governments are ill prepared for what faces them in the future because of lack of help from the Medical Fraternity.
I have been fortunate in meeting with Government Health Department Doctors who try to establish the numbers that they are likely to face concerning mental health, and general health problems confronting Trans* people. This is in order to gauge what resources will be needed as the numbers of Trans* people increases. Unfortunately, the discussion was thrown out, due to lack of support from the Medical Fraternity. This illustrates again the need for more research and teaching where these problems raise their heads.
I am sad that I will not be able to attend Bangkok. I wish you all a safe conference.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
© Changeling Aspects
changelingaspects.com
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Dear James,
I am sorry to have to send this to you, but it is to myself and other Trans* people of the utmost importance that this situation is fully understood
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
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REPLIES
From: Dewey, Jodie M. []
Sent: Wednesday, 29 January 2014 5:56 AM
To: Kathy Knoble
Subject: RE: Follow up
Kathy,
I read your recent letter to Jamison. I am impressed with your commitment and drive. It makes perfect sense to me. It seems so simple, or at least it should be, no?
Jodie, 29-01-2013
I too think that it is simple, that is until the point of implementation, where you run into all types of intransigence. This usually is at government, medical and personal interest.
Kathy
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-----Original Message-----
From: Jamison Green []
Sent: Wednesday, 29 January 2014 6:26 AM
To: 'Kathy Knoble';
Subject: RE: [WPATH-MEMBERSHIP] FW: Emailing: A plea for understanding
Dear Kathy,
Thank you for writing to me. I think I do understand your concerns, and I am happy to have a private dialogue with you to make sure that I do.
I will respond to you in depth within a few days. I am traveling and preparing to speaking at several conferences before departing for Bangkok, so please forgive me that I can't reply in depth immediately, but I will do so as soon as I possibly can. I do agree with you that these issues are very important.
Sincerely,
Jamison
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Dear Jamison, 29-01-2013
Thank you for your response and understanding concerning these issues.
I understand the pressures that you are under leading up to Bangkok, and do hope that the conference takes place without any of the problems existing in Thailand at present being an imposition.
I am only too happy to enter into dialogue with you and others who are interested in the current and future direction concerning these issues. I look forward to an open and invigorating dialogue
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
SENATE COMMITTEE REPORT. Sex and Age Discrimination Legislation Amendment Bill 2010 - [Provisions] issued March 2011
I thought that after my email yesterday that I should follow up with more concerning this problem. I don't know if you are aware of the EM in Government parlance. This is the ubiquitous "Explanatory Memorandum", which covers everything from Gobbledy Gook to Cock Ups. The Gobbledy Gook was covered as below.
Click here to continue reading...
Or download the PDF version
Can you please explain where this appears in the above? I see that the part concerning Intersex has been amended, so has the parts concerning Trans* people also been given the same treatment?
This is the section in question.
Items 8 and 14 repeal the definitions of 'man' and 'woman' in subsection 4(1) of the SDA. The Explanatory Memorandum (EM)states that:
To the extent these terms appear in the Act, they will take their ordinary meaning. These definitions are repealed in order to ensure that 'man' and 'woman' are not interpreted so narrowly as to exclude, for example, a transgender woman from accessing protections from discrimination on the basis of other attributes contained in the SDA.
I am sorry, but I cannot find any reference to this, or the EM.
The Cock Up follows
This from the Senate Committee Report on Legal and Constitutional Affairs Legislation Committee, Sex and Age Discrimination Legislation Amendment Bill 2010 [Provisions] issued March 2011.
I refer to page 41 and sections 3.78 to 3.84 of the Committee view.
3.78
During the course of the enquiry, submitters were overwhelmingly supportive of the Bill. Particular provisions were none the less, singled out for comment, and the Department's response to those comments was sought. While the response clarified many of the committee's queries, some concerns remain about provisions relating to an exemption for official records of a person's sex, if a state or territory law would require a refusal to amend the records because the person is married.
Nothing has changed in the above.
3.79
The Bill would implement two of the government's election commitments; however, the committee notes that these commitments also included 'the enactment of legislation prohibiting discrimination on the basis of a person's sexual orientation or gender status, and the removal of such discrimination from Commonwealth legislation. (132) Australian Labor Party, National platform and Constitutional 2009, Chapter 7: Securing an inclusive future for all Australians, p.16, www.alp.org.au/australian-labor/our-platform/ 17 February 2011
Have the two commitments been enacted and honoured?
3.80
In this context, the Senate standing Committee for the Scrutiny of Bills raised concerns about these exemption provisions in its Ninth Report of 2010, dated 17 November 2010 (133)Senate Standing Committee for the Scrutiny of Bills, Ninth report 2010, 17 November 2010, pp 358-360. Following the Department's response to the issues raised by the Scrutiny of Bills Committee (which was similar to the response provided by the Department during this enquiry), that Committee remained 'concerned that the proposed provisions have the effect that people in similar circumstances will be treated differently when the official status of a person's sex is important' (134) Senate Standing Committee for the Scrutiny of Bills, Ninth report 2010, 17 November 2010, p.360
Trans* people born abroad are recognised fully in Victoria and New South Wales, but not in the other States/Territories. We are told in Queensland that we need to seek legal advice.
3.81
The department has advised that the 'the amendments to the Sex Discrimination Act in the Bill are primarily intended to implement the accepted recommendations' of the Senate Report. (135)Answers to questions on notice, provided 18 February 2011, p.1. However, providing for these exemptions was not raised in the Senate report, and the Senate Report explicitly recommended extending the Sex Discrimination Act to protect against discrimination on the basis of either sexual orientation or gender identity. (136) Recommendation 43 of the Senate Report.
Have all amendments been implemented?
3.82
Given that the Department has advised the committee that 'the Marriage Act 1961' does not prohibit a person who is married from legally changing their sex', (137) Answers to questions on notice, provided 18 February 2011, p.5. it is unclear to the committee why the Sex Discrmination Act would need to be amended to specifically exempt state and territory laws which enable refusals to make or alter official records of the person's sex because the person is married. The department has failed to explain to the committee how this exemption for these state and territory laws operate prior to its proposed inclusion in the Act, exactly which state and territory laws are being referred to, and, most importantly, what changes to the law the Bill would effect which require these amendments to preserve the existing law.
This is the big stumbling block. We are recognised at Commonwealth level if remaining married after surgery, but not at State/Territory levels, except in the ACT. The two laws being referred to are the Marriage Act and the fact of being required to divorce and to have had sex affirmation surgery in order to amend their birth certificate.
3.83
In particular, the committee expresses concern about the lack of explanation provided in the EM to the Bill in relation to amendments to provide exemptions for official records of a person's sex. Given the opposition to these provisions from a number of submitters, it would have been of assistance to the committee if a more comprehensive explanation was provided in the EM.
Lack of consultation with Trans* stake holders. We could have contributed to the EM.
3.84
While the committee expresses its concerns about these provisions, since the government is undertaking consultations with the states and territories on the recommendations of the Human Rights commission's Concluding Paper, the committee endorses the Human Rights Commission's suggestion that these exemption provisions should only be enacted temporarily. Further, the committee strongly encourages the Australian Government to take a leadership role in ensuring that there is a nationally consistent approach to the legal recognition of sex in official records.
There was the suggestion that these exemption provisions should only be enacted temporarily. I asked at the time 'How long is temporarily?' we are still no nearer a conclusion. Where is the National consistent approach? I have been asking for this for many years, as a 'one legislation for the whole of Australia, not just the Commonwealth'
3.85
In a general sense, the committee also expresses its disappointment with the overall quality of the EM produced to accompany this Bill. The EM is particularly difficult to navigate, and did not assist the committee by clearly explaining the operative provisions of the Bill. The EM also relies very heavily on cross-references to the particular recommendations of the Senate Report, rather than existing as a single stand alone document.
Again, this comes down to lack of consultation with Trans* stake holders.
Recommendation 2
3.89
The committee recommends that the Australian Government consider, as part of the consolidation project for federal anti-discrimination laws, all outstanding recommendations of the senate Standing Committee on Legal and Constitutional Affairs' 2008 Report into the Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality.
Have any of the 2008 report, or the 2010 (Provisions) been enacted in order to up date the 1984 SDA concerning the eliminating discrimination and promoting gender equality for Trans* people?
Senator Trish Crossin
Chair
This might all seem a little late in the sequence of events, but there really does not appear to be very much, if anything of consequence happening. I know that as from July 1 2013, the guidelines were introduced, but they are only at Commonwealth level and are not legislation, but the whole of government rulings.
Add to that, a three year wait before full implementation, and you can begin to understand the frustration felt by Trans* people.
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
© Changeling Aspects
changelingaspects.com
Updating your personal details on a Medicare Card for Trans* people
From: Bandte, Angela
Sent: Monday, 4 November 2013 10:43 AM
To: 'Kathy Knoble'
Subject: RE: Medicare [SEC=UNOFFICIAL]
Good Morning Kathy
Our policies are applied Australia wide and all Branches should be following the same policy. The Branch offices were all sent an email when our policy was updated to align with to the Australian Government Guidelines on Recognition of Sex and Gender. Anyone encountering problems or receiving contradictory information, should request to speak to the Branch Manager who, if required, can contact us at National Office.
Our website was updated to specifically include how to change sex or gender on Medicare records. http://www.humanservices.gov.au/customer/enablers/medicare/medicare-card/updating-your-personal-details-on-a-medicare-card. There isn’t a plan to construct a separate dedicated page for Trans* people.
Kind regards
Angela Bandte
Senior Policy Officer
Public Eligibility & Dental Benefits Section
Updating your personal details on a Medicare Card
Changes to your Medicare card details must be done in person at your local service centre.
Supporting documentation is needed to change details, such as your name or date of birth.
Appropriate supporting documents are:
- current driver's licence
- birth certificate
- marriage certificate issued by Births, Death & Marriages (non-commemorative)
- legal document
- bills such as telephone or electricity accounts
Appropriate supporting documents to change your sex or gender are:
- a statement from a registered medical practitioner or psychologist
- a valid Australian Government travel document, such as a passport that specifies your sex or preferred gender
- an amended state or territory birth certificate that specifies your sex or preferred gender
- a state or territory Gender Recognition Certificate or Recognised Details Certificate showing a state or territory Registrar of Birth Deaths and Marriages has accepted a change in sex
These documents are all in line with the guidelines.
This information has been sent to all service officers and is current policy. If a Trans-gender person encounters difficulty in change their sex or gender they should ask to speak to the manager of the office, the manager can ring National Office if they are unsure of requirements
Our Customer Service Officers will treat sensitive issues in confidence. You can discuss changes to your enrolment by calling 132 011.
Once your details have been changed, we will cancel your old card and keep it. You will be given a temporary card to use until you receive your new card in the mail.
In extreme cases, if you live in a remote area or cannot visit a Medicare Service Centre, you can send a signed request with certified copies of the above documents and your current Medicare card to:
Department of Human Services
GPO Box 9822
in your capital city.
Until your new card arrives in the mail, it is important you record your old card number for Medicare claiming purposes.
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Thank you Angela,
That is most welcome news. I will pass it on via my web site.
In regard to the Updating Details, I understand about the designated web page. What you have done is excellent, as it is a vast improvement on what was previous, as it gave no directions really to Trans* people.
I note that you are using the “Guidelines” which is great. However, as I have pointed out to the department concerned with the “Guidelines” it does not have anything to do with those born abroad and recognising their documentation, such as birth certificate, passport or recognition certificate from their country of birth. I hope that this will be amended to come into line with both DIAC and DFAT (Passport Office)
Sincerely
Kathy Anne Noble TRANS* & Author
WPATH Member
Changeling Aspects
changelingaspects.com
Claiming Rebates from Medicare
Below are the numbers that we can claim rebates from Medicare. If you have Private health insurance, then you can claim the gap against these numbers as well. Also be aware that if in Private health, they may cover the cost of bed and theatre.
There is only one number available for the Anaesthetist, as the second one is dependent on the length of time anaesthetised. I have not quoted any numbers. This only applies to sex affirmation surgery carried out in Australia. If working, then you could claim a rebate from the ATO. Please discuss this with an accpuntant.
Numbers for claiming, click on the link for more information and costs:
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45563 - NEUROVASCULAR ISLAND FLAP, including direct repair of secondary cutaneous defect if performed, excluding flap for male pattern baldness
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37405 - PENIS, complete or radical amputation of
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37342 - URETHROPLASTY single stage operation
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35565 - VAGINAL RECONSTRUCTION for congenital absence, gynatresia or urogenital sinus
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30644 - EXPLORATION OF SPERMATIC CORD, inguinal approach, with or without testicular biopsy and with or without excision of spermatic cord and testis
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45206 - SINGLE STAGE LOCAL FLAP where indicated to repair 1 defect, on eyelid, nose, lip, ear, neck, hand, thumb, finger or genitals, and excluding H-flap or double advancement flap
First Same Sex Weddings (England & Wales)
This from the UK could be the precursor of what will happen here in Australia if and when we get same sex marriage. It will mean that those born in the UK who have remained married after surgery, will be able to amend their birth certificate towards the end of 2014 from what is stated below. Add to this the fact that the UK law is predicated on "Non Surgery" and it will give us the lot. Wonderful.
Today we announced the implementation timetable for the Marriage (Same Sex Couples) Act 2013 – see below.
If you have any questions please do not hesitate to get in touch (Telephone - or e-mail - ).
SAVE THE DATE! FIRST SAME SEX WEDDINGS – SATURDAY 29 MARCH 2014
The first same sex weddings in England and Wales will be able to take place from Saturday 29 March 2014, Women and Equalities Minister Maria Miller announced today. Following the Marriage (Same Sex Couples) Act 2013 successfully completing its journey through Parliament in July 2013, the Government has been working to ensure that all the arrangements are in place to enable same sex couples to marry as soon as possible. As a result of this work, the first weddings will now be able to happen several months earlier than anticipated.
Maria Miller said: "Marriage is one of our most important institutions, and from 29 March 2014 it will be open to everyone, irrespective of whether they fall in love with someone of the same sex or opposite sex. "This is just another step in the evolution of marriage and I know that many couples up and down the country will be hugely excited that they can now plan for their big day and demonstrate their love and commitment to each other by getting married."
Those couples wishing to be among the first to marry will need formally to give notice of their intention to marry on 13 March 2014.
Notes to editors
- The Marriage (Same Sex Couples) Bill was introduced in the House of Commons on 24 January 2013 and gained Royal Assent on 17 July 2013: http://www.legislation.gov.uk/ukpga/2013/30/contents/enacted.
- Marriages of same sex couples will be able to take place from 29 March 2014 subject to Parliament's approval of various statutory instruments, to be laid in the New Year.
- For more information on giving notice of marriage, see: https://www.gov.uk/marriages-civil-partnerships.
- Same sex couples who married abroad under foreign law and are currently treated as civil partners will instead be recognised as being married in England and Wales in March 2014.
- Same sex weddings in some British consulates and armed forces bases overseas will be possible, and arrangements for same sex weddings in military chapels will be in place, from June 2014.
- The Government is working hard to ensure that couples wishing to convert their civil partnerships into marriages, and married people wanting to change their legal gender while remaining married, will be able to do so as soon as possible. We aim to do this before the end of 2014.
- We are using #equalmarriage to talk about this announcement on twitter.
Press Enquiries: OR 6051
Public Enquiries: OR Out of hours telephone pager no:
https://www.gov.uk/government/news/same-sex-marriage-becomes-law
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