Gender Recognition Guidelines Consultation
Human Rights Policy Branch
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
Via email: sexandgender@ag.gov.au
Dear Sir or Madam,
Draft Australian Government Guidelines on the Recognition of Gender
I would like to thank the Department for the opportunity to provide feedback on the Draft
Australian Government Guidelines on the Recognition of Gender. I strongly support the
introduction of a consistent sex and gender classification system for Australian Government
records. In particular, a system that allows individuals to identify outside the binary of
‘male/female’ and provides a consistent standard of evidence for people who are changing
their sex or gender on records across Australian Government departments and agencies.
During 2011 – 2012, I was an active member of the ACT Law Reform Advisory Council which
undertook an inquiry into legal recognition of transgender and intersex people in the
Territory. The Council outlined its findings and recommendations in a report titled ‘Beyond
the Binary: legal recognition of sex and gender diversity in the ACT’. The report was tabled
in the ACT Legislative Assembly on 19 March 2013.
I wish to make the following comments in relation to the Guidelines:
Inclusion of Title – Optional
I recommend that requests for information regarding a person’s title should be optional. I
refer to paragraph 17 of the Guidelines:
Where sex and/or gender information is collected and recorded in a personal record,
individuals should be given the option to select M (male), F (female) or
X (Indeterminate/Intersex/Unspecified).
Level 4, 12 Moore St Canberra City
GPO Box 158 Canberra ACT 2601
Phone: (02) 6205 2222 | TTY: (02) 6205 1666
Facsimile: (02) 6207 1034
Email: human.rights@act.gov.au
Web: www.hrc.act.gov.au
I note that other than honorific titles such as Doctor or Reverend, commonly used titles—
Mr, Mrs, Ms—specifically identify a person as ‘male’ or ‘female’. Requiring a person to
select a title that is commonly perceived to be ‘male’ or ‘female’ would, in my view,
undermine the intention of the Guidelines, which is to allow people the option to identify as
X (indeterminate/intersex/unspecified). Until one or more non-gender specific titles enters
common use, it would be preferable for selection of a title to be optional, or alternatively,
for an open field to be available for persons to record their preferred title.
Timeline for implementation of Guidelines
I note paragraph 36 of the Guidelines:
These Guidelines will come into force on 1 July 2013. Australian Government
departments and agencies will progressively align their existing and future business
practices with these Guidelines by 1 July 2016.
I recommend that to support efficient and timely implementation of the Guidelines, all
departments and agencies should be required to regularly report on their progress in
implementing the Guidelines. This could be required as part of each department or agency’s
Annual Report during the implementation period (1 July 2013 – 30 June 2016) or until such
time as implementation is complete.
Consistent Collection of sex and gender information across Australia
I refer to paragraph 42 of the Guidelines:
Where departments and agencies are jointly responsible with the States and Territories
for the maintenance and record of individuals’ information, including sex and/or
gender, those agencies will work with the States and Territories to seek their agreement
to implement these Guidelines.
I understand that the Guidelines are the first in Australia to outline best practice regarding
the collection, use and amendment of sex and gender information in individual personal
records. These activities are also undertaken by government agencies and departments in
all States and Territories. Indeed, all individuals would generally have their personal
information recorded at a Federal level (with agencies including Medicare, the Australian
Tax Office and the Australian Electoral Commission) and with local State or Territory bodies
(such as a Births, Deaths and Marriages Registrar and their local Road Transport Authority).
In my view, it would be preferable for all state and territory jurisdictions to adopt a
consistent approach to the collection, use and amendment of sex and gender information.
National implementation of the finalised Guidelines would ensure that all jurisdictions
endorse a best-practice approach to recognising sex and gender diversity and promote
consistent recording of individuals’ personal information.
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Accordingly, I would encourage the Department to explore opportunities for collaborative
implementation of the Guidelines at a state and territory level. It may be appropriate for the
issue to be explored by COAG, through the Standing Council on Law and Justice.
I thank you again for the opportunity to review the draft guidelines. They represent a
significant step forward in Australia’s ongoing work to fulfil our international Human Rights
obligations.
Yours sincerely
Dr Helen Watchirs
Human Rights and Discrimination Commissioner
17 February 2016
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