Legal...
Foreword | Sarah's Theory of Bureaucracy | General Legal Status | Changing Your Name | What To Do If It Doesn't Work Out | Listing of Legislation | Contact Details | South Australian Sex Reassignment Act, 1988
State by State Listing of Legislation
 

Please select your state:
Victoria | New South Wales | Australian Capital Territory | Queensland | Tasmania | South Australia | Northern Territory | Western Australia

Victoria
 

To my knowledge, Victoria has no legislation specifically dealing with transsexuals, although I intend to do my damnedest to change that, as I was born there, and can't have the sex on my birth certificate changed. In fact, if anyone knows of anyone who's currently fighting with the Victorian government, or is interested in ganging up with me, please let me know, either by email or phone.

To summarise, transsexuality, or cross dressing, is perfectly legal, but you are regarded as legally belonging to the sex on your birth certificate here, and that can’t be changed under any circumstances. Transsexuals cannot marry someone of the opposite (to their reassigned) sex. On a positive note, Victorian drivers licences do not state sex, and the motor vehicle registry will change the sex on your records on the presentation of a letter from your shrink.

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New South Wales
 

The New South Wales state government have finally passed legislation to protect the rights of transgendered people. I haven’t as yet seen the actual legislation, but I believe that all transgendered people, crossdressers, transsexuals, whatever, are assured ‘freedom of gender expression’.

New South Wales drivers licences do not state sex. Therefore, you can simply wander into your local motor registry office and change your name and photo, and receive a useable licence. Unfortunately, the sex recorded on the file (held by rego) is your birth sex, and they will not at present change this. This is only of consequence when making dealings with motor registry, as the counter staff have access to your records, or when a Police officer checks your licence details. Hopefully, both parties should be sympathetic.

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Australian Capital Territory
 

The ACT government have very little in the way of policy regarding transsexuals and crossdressers. If you were born in the ACT, when you change your name, you can get a new birth certificate that lists your previous name as well as your new name. Birth extracts, however, simply state your new name, and make no reference to sex, so they are a useable identifying document.

As of 1st October, 1996, ACT drivers licences no longer state sex.

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Queensland
 

Queensland licences state sex, but I am assured that the authorities will change the record on production of a letter from a shrink.

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Tasmania
 

Tasmania doesn't have a good reputation with the queer community. Everyone remembers the stink they raised when the Commonwealth tried to get them to repeal their anti-homosexual laws. I'm unsure of what their laws actually say, but I'll find out shortly.

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South Australia
 

Don't ask me why, but South Australia seems to be the most enlightened state in Australia, as regards transsexuality. They have legislation dating from 1988, protecting the rights of transsexuals.

Here it is, in glorious HTML, thanks to Janie:

South Australian Sex Reassignment Act, 1988.

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Northern Territory
  
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Western Australia
 

Western Australia have recently enacted legislation protecting the rights of transsexuals, that I am led to believe is very similar to that of South Australia. I don’t have a copy of this (yet).

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