This is where you find out just what fun it can be being transsexual in
Australia. In the absence of specific legislation that you can wave in
a bureaucrats face, it’s incredibly hard to get anyone to do anything to
help.
A good example here is the ACT department of Urban Services, which is
responsible for the ACT Motor Vehicle Registry. When I found out conclusively
that they would not change the gender displayed on my licence, which took me
actually trying to do it - they ignored my request for information, I started
a campaign against them. This involved the following steps:
Firstly, I wrote a letter of complaint to the Registrar of motor vehicles.
I sent copies of this letter to the ACT Human Rights Commissioner and minister
for Urban Services, and informed the Human Rights Commissioner that I wanted
to lodge a complaint against the motor vehicle registry.
The Human Rights Commissioner was fairly quick to respond, and told me that
rather than treating the matter as a complaint, wouldn’t it be better to just
let them push Urban Services for a policy change. I agreed to this, thinking
naively that this was the best recourse.
Urban services didn’t answer my letters until I rang them up and asked what
they were doing. The person that I spoke to - a low grade clerk, assured me
that the matter was well in hand, and that they would have policy ready in
‘a couple of weeks’
A couple of weeks later, I received a letter stating that they were
‘looking into’ the matter, and would inform me of any developments shortly.
This is the only letter that the department of Urban Services has ever sent
me regarding this case. Basically, I think that they figured the best way
to fob me off was to give the impression they were doing something, when in
fact they had no intentions of the sort.
I kept harassing the Urban services staff by phone every few weeks, until
one of them told me that they had generated policy, but that it hadn’t gone
any further than the registrar. It appeared that he had the final say. At
this, I contacted him directly, and argued my case unsuccessfully on the
phone.
Next, I informed the Human Rights Office that I wanted to pursue the matter
as a specific complaint, and wrote letters to the Attorney General, and the
minister for Urban Services, asking for their help.
After a further four weeks or so of complete inaction, I tried to renew my
licence, and found that inappropriate information, regarding my gender
identity, had been recorded on my file. This angered me sufficiently to
seek legal advice.
I next engaged the services of a solicitor, who I found by ringing the ACT
Aids Action Council, to take the matter to court, and contacted an
opposition MLA (Member of the Legislative Assembly, the ACT governing body)
to ask for his help.
These two actions seem to have done the trick. Within a few days, the Human
Rights Office contacted me, and told me that they had now presented my
complaint to Urban Services, the note spontaneously disappeared from my file
(but not before I demanded a copy for use in court), and the registrar
contacted my solicitor, promising that he would have the policy amended to
remove the sex field within a fortnight. As of October 1, 1996, ACT drivers
licences no longer display sex.
There are a few lessons to be learnt from this. Firstly, bureaucrats will
resist change, at almost any cost. The only way to ensure that your case is
dealt with at all, is to exert as much pressure as you can. The best form of
pressure seems to be threat of publicity. The bureaucrats do not like the
prospect of being hauled before the courts, or having their minister
questioned in parliament, as it makes them look extremely bad.
When looking for people to help, I’ve found that other government agencies,
such as in this case the Human Rights Office, although sounding really good,
actually have no interest in getting your case sorted out. Bear in mind that
these people are probably on the same payroll as the people you are complaining
about, therefore they have different objectives to yours. The best people to
help are independent, such as solicitors and opposition party politicians.
These people have the motivation and the power to really get things done.
If you’re looking for a solicitor, get in touch with anything in your area
that resembles a queer lobby group. Queer friendly solicitors will often do
amazing things for no money at all, simply because it’s advancing the cause.
Freedom of Information is an extremely powerful tool. Rather than simply
writing or phoning a department or agency, and hoping that they will keep
you informed of their progress, which they won’t, a Freedom of Information
request guarantees (by law) all the information you are requesting within
30 days. It costs money, of course, but the law keeps that down to a
reasonable amount ($15 in the ACT).
Finally, and this is the most important thing I can say, don’t give up.
There’s always a way to accomplish the changes we need. Sure, it may take
years of political pressure and lobbying, and maybe even fights in the courts,
but we will win in the end.
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