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Discussion paper

Legal recognition of sex and gender: issues paper

Law LGBTIQ+ Tasmania

Recent changes to Tasmanian laws relating to recording sex and gender information on birth certificates are consistent with international trends and human rights obligations, but issues of consent to invasive medical procedures on children remain unresolved.

These are the preliminary findings outlined in a Tasmania Law Reform Institute (TLRI) Issues Paper examining the practical operation of the Justice and Related Legislation (Marriage and Gender Amendments) Act 2019, (“the JRL Act”) which was passed by the Tasmanian Parliament in April 2019.

The TLRI paper reviews issues relating to the legal recognition of sex and gender in light of amendments to the Act. The Institute is now calling for community feedback on the issues raised in the paper.

The Institute's preliminary view was that concerns raised about potential impacts on police search powers, passport applications and access to gender-specific programs had been overstated, as many of the issues raised during earlier debate were addressed in the final Act or can be resolved through minor amendments or administrative procedures.

However, non-consensual medical procedures performed on intersex children, often with long-term adverse physical and psychological impacts, remain a concern to the intersex community.

Related Information

Legal recognition of sex and gender: final report https://apo.org.au/node/306436

Publication Details
Access Rights Type:
TLRI Issues Paper No. 29