Victoria’s Births, Deaths and Marriages Registration Amendment Bill 2016

Update: 14 January 2017


Unfortunately, this necessary and important legislation was voted down by the Victorian Legislative Council on December 6 2016.


As reported by SBS here (‘Gender change voted down in Vic parly’), the Victorian Liberal and National Parties combined with cross-bench conservative MLCs to reject the Births, Deaths and Marriages Registration Amendment Bill 2016.


In the process, Victorian Coalition MPs have ensured that the process for transgender people to amend their birth certificates remains onerous, and continues to exclude a large number of trans and gender diverse people completely, especially those who identify as non-binary and gender-fluid.


The decision to reject this vital reform was shameful, and will hopefully be remembered by all LGBTI Victorians when they go to the polls next, in November 2018.


Original post:


The Andrews Labor Government, elected in November 2014, has repeatedly demonstrated its commitment to the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Victorians in its first two years in office. This includes:

  • Creating the nation’s first Minister for Equality (Martin Foley)
  • Appointing a Gender and Sexuality Commissioner (Rowena Allen) and establishing an LGBTI Taskforce
  • Legalising adoption by same-sex couples
  • Apologising to people unjustly convicted for historical homosexual offences
  • Committing funds to establish a Pride Centre, and
  • Defending the Safe Schools program from Commonwealth Government attacks.

It is currently pursuing two further important items of law reform. The first of these is the Births, Deaths and Marriages Registration Amendment Bill 2016 (the second, the Equal Opportunity Amendment (Religious Exceptions) Bill 2016, will be the subject of a later post).

As noted by Attorney-General Martin Pakula in the Bill’s second reading speech, “[t]he bill implements the government’s pre-election commitment to remove barriers for trans, gender diverse and intersex Victorians to apply for new birth certificates.”

Specifically, the Births, Deaths and Marriages Registration Amendment Bill 2016 will:

  • Remove the requirement for trans and gender diverse people to undergo gender affirmation surgery in order to alter their official records, including birth certificates
  • Remove the requirement for trans and gender diverse people to be unmarried in order to alter their records (thus ending the policy of ‘forced trans divorce’)
  • Simplify the process for adults to alter their records – with the new system based on a statutory declaration by the individual, supported by a statement from another adult who has known them for more than 12 months
  • Allow children to alter their records for the first time (with the application made by parent(s) or guardian(s), and supported by a statement from a doctor or registered psychologist that the alteration is in the child’s interest), and
  • Allow individuals to nominate a descriptor of their choice – ‘male’, ‘female’ or any other term chosen by the applicant (provided it is not obscene or offensive) – to recognise their trans, gender diverse or non-binary identity.

Writing as a cisgender gay man, these reforms seem very straightforward – allowing trans and gender diverse people to access documentation that reflects their identity, removing inappropriate and unjust barriers (such as the requirement to undergo gender affirmation surgery – something many trans people will never do – and abolishing the horrific practice of forced trans divorce).

The reforms also appear to be widely supported by trans, gender diverse and intersex advocates, with Transgender Victoria’s Chair Brenda Appleton noting that “[t]his is a profoundly important reform for our community, as many of us are currently prevented from changing the most basic form of documentation to reflect our true identity.”[i]

Intersex advocate Gina Wilson also welcomed the changes in the same media release: “[f]or the Victorian Parliament to say ‘we give you here a document that acknowledges the truth of your life’ would be life changing… It is very difficult to explain to someone who has never struggled to fit in the way Intersex people often have to how much joy and relief that would bring.”

Consequently, one would hope such legislation, respecting the autonomy of people to nominate their own gender identity or sex, rather than having one imposed upon them (by the medical profession, and ultimately by the Government), would be uncontroversial.

Alas, those hopes were forlorn. The Bill has been opposed by the ‘unholy’ triumvirate of contemporary Australian politics: the right-wing of the Coalition, the Australian Christian Lobby, and News Corp (in this case, via the Herald Sun).

The Bill has already been debated, and voted on, in the Legislative Assembly, where it only passed by a margin of 45 votes to 35. The debate leading up to this vote saw a number of ill-informed and, frankly, intolerant, contributions by some members of the Liberal and National Parties, perhaps none ‘less-informed’ than that by the Member for Ripon, Louise Staley. Her speech included the following ignorant observations:

“I oppose this bill. This bill goes too far. This government is in thrall to highly contested gender theories. This is the sort of post-modernist mumbo jumbo we have come to expect from the Andrews Labor Government…

“I ask the house to reflect on what we are doing when we allow a man – and the statistics show most transgender people are born male – who has male chromosomes and who naturally has the right to enjoy the privileges we as a society still give to men, such as earning more and dominating business and politics, to choose to be recognised by the state as a woman because he feels like a sex he biologically is not and cannot by definition actually ever experience. I cannot help feel that such men are engaged in a radical form of mansplaining, telling women what really makes one a woman…

“The feminist in me objects strongly to a man changing his birth certificate to female because he feels enough of a woman to identify as one but not enough to take the step of permanently doing so…

“There are also women-only spaces, services, shelters et cetera that explicitly exclude men for feminist or safety reasons. Allowing preoperative transgender people to join these bodies – especially, I may add, to make political points or to pursue activism – will at some point cause great distress to all involved.”

Many of the worst aspects of transphobia – deliberately misgendering trans people, invalidating non-binary identities, creating panic about trans women accessing women’s spaces – are present and accounted for in Ms Staley’s offensive and outrageous speech. If you want to read the full catastrophe, you can find it here (but make sure you don’t eat immediately beforehand).


Transphobic Victorian Liberal MLA Louise Staley

Of course, right-wing Liberal and National Party MPs are not the only ones capable of extreme transphobia. As expected, Lyle Shelton and the Australian Christian Lobby have lived down to their already-low public reputation by inciting bathroom panic as part of their campaign against the Bill. In a web post titled “Why is This Government Putting Women at Risk?”[ii] (yes, seriously), they wrote:

“Australian Christian Lobby Managing Director Lyle Shelton said radical changes that would allow men identifying as women to enter women’s private spaces such as toilets and change rooms needed wider discussion…

“Mr Shelton said Mr Andrews [sic] new laws would make private space unsafe for women. “Why should a man identifying as a woman be allowed into a woman’s gym or a domestic violence shelter? Why should biological males identifying as women be allowed into women’s public toilets and shower facilities?””

It seems the ACL is intent on importing the worst kind of hate-speech from its international counterparts, and especially from anti-LGBTI groups in the United States, whipping up fear against trans women and vilifying people on the basis of their gender identity[iii].

And of course, where right-wing Liberals and Nationals and the ACL ‘lead’ (into the gutter), News Corp papers usually follow – with the Herald Sun backing the transphobic campaign against what should, on its merits, be uncontentious legislation.

In an appalling article titled “Laws allowing Victorians to choose sex on birth certificate raise safety concerns,”[iv] Rita Panahi wrote:

“New laws allowing Victorians to choose their sex on a birth certificate will compromise the safety of female-only spaces, including single-sex schools  changing rooms, domestic violence shelters and even prisons, according to a women’s rights group…

“The proposed changes, which passed the Lower House earlier this month, could see boys and men identifying as female – but with no intention of undergoing gender reassignment or clinical treatment – being allowed access to areas reserved for girls and women.”

Umm, Rita, that would be because they are girls and women, and therefore have the right to access ‘areas reserved for girls and women’. And, just like Ms Staley and Mr Shelton before you, you should already be aware that deliberating misgendering trans people in this way is extremely offensive.

The Bill that has prompted this backlash is expected to be debated in the Legislative Council in the week beginning Tuesday 11 October. Given that the ALP does not have a majority in the Upper House (even with the addition of Greens and Sex Party MLCs), and the ongoing scare campaign against its provisions, it is now uncertain whether the Births, Deaths and Marriages Registration Amendment Bill 2016 will in fact be passed.

As a result, I have sent the below short email to all Members of the Victorian Legislative Council, calling on them to support the Bill. If you have time between now and October 10th, I encourage you to do the same. You can find the contact list for MLCs here.


Friday 30 September 2016

Dear Member of the Victorian Legislative Assembly

Please Support the Births, Deaths and Marriages Registration Amendment Bill 2016

I am writing to you to urge you to support the Births, Deaths and Marriages Registration Amendment Bill 2016 when it is debated and voted upon in October.

This legislation is important because it will remove the barriers that exist for trans, gender diverse and intersex people in terms of accessing new birth certificates.

Specifically, I understand that the Bill will:

  • Remove the requirement for trans and gender diverse people to undergo gender affirmation surgery in order to alter their official records, including birth certificates
  • Remove the requirement for trans and gender diverse people to be unmarried in order to alter their records (thus ending the policy of ‘forced trans divorce’)
  • Simplify the process for adults to alter their records – with the new system based on a statutory declaration by the individual, supported by a statement from another adult who has known them for more than 12 months
  • Allow children to alter their records for the first time (with the application made by parent(s) or guardian(s), and supported by a statement from a doctor or registered psychologist that the alteration is in the child’s interest), and
  • Allow individuals to nominate a descriptor of their choice – ‘male’, ‘female’ or any other term chosen by the applicant (provided it is not obscene or offensive) – to recognise their trans, gender diverse or non-binary identity.

These appear to be straightforward reforms that respect the autonomy of people to nominate their own gender identity or sex, rather than having one imposed upon them by clinicians or the Government. I note they are also supported by trans, gender diverse and intersex advocates.

As highlighted by Jo Hirst, these reforms “won’t mean much to most Victorians, but to an estimated 4 per cent of the population it means everything. It’s certainly significant for my little boy, who’s transgender. He recently told me it would mean more to him than food.”[v]

Hirst then further observes that “[t]o have their birth certificate reflect their true identity would empower young transgender people to fully participate in all the educational, social, sporting and job opportunities our society has to offer. Most importantly it would give them a sense of validation that would help them feel whole.”

I therefore call on you to support the Births, Deaths and Marriages Registration Amendment Bill 2016 to better recognise the human rights of trans, gender diverse and intersex Victorians, by simplifying the process by which they can ensure official records reflect their gender identity or sex.

If you have any questions or would like additional information, please contact me at the details provided below.


Alastair Lawrie



[i] Media Release, Birth certificate reforms will deliver respect and recognition for trans, gender diverse and intersex Victorians, 12 September 2016.

[ii] Australian Christian Lobby, Why is this Government Putting Women at Risk?, 29 August 2016.

[iii] Noting of course that anti-LGBTI vilification is not prohibited currently under either Victorian or Commonwealth law.

[iv] Herald Sun, Laws allowing Victorians to choose sex on birth certificate raise safety concerns, 27 September 2016.

[v] Sydney Morning Herald, Surgical sterilisation shouldn’t be the cost of correcting a transgender person’s birth certificate, 15 September 2016.


Submission to Alex Greenwich Discussion Paper re Removing Surgical Requirement for Changes to Birth Certificate

Alex Greenwich MP

58 Oxford St


Friday 21 August 2015

Dear Mr Greenwich


Thank you for the opportunity to provide this short submission in response to the above-mentioned Discussion Paper, and for highlighting what is clearly an important issue for transgender people in NSW.

I should begin by noting that I am writing this from the perspective of a cisgender gay man and that, if this submission is contrary to the views expressed by trans* individuals and organisations, then those submissions should obviously be preferred.

Nevertheless, as a long-term advocate and activist within the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, I find it hard to disagree with the premise of the Discussion Paper which is that trans* people should not be required to undergo irreversible sex affirmation surgical procedures before being able to apply to amend their birth certificate.

Similarly, I can see no valid reason why the approach which has been adopted by Ireland – and which is described in the Discussion Paper as ‘world’s best practice’ – should not be adopted here.

This approach – allowing transgender individuals to legally change their birth certificate through a statutory declaration process without any need for medical documentation – has a number of significant advantages.

These include:

  • Recognising the diversity of experience within the transgender community
  • Respecting the personal autonomy of people to identify themselves and
  • Removing the unnecessary ‘medicalisation’ of this process.

Above all, adopting the Irish approach would make it easier for trans* people to obtain documentation which reflects their gender identity, which is a positive outcome in and of itself.

I look forward to seeing the Final Report of this consultation later in 2015, and to the ongoing work of yourself and the NSW Cross-Party LGBTI Working Group on a wide range of other, related issues, including (but not limited to):

  • The abolition of incredibly unjust ‘forced trans* divorce’ laws
  • The removal of exceptions to the NSW Anti-Discrimination Act 1977 which allow private schools to discriminate against trans* students and teachers[i] and
  • The abolition of the unjustifiably broad exceptions granted to religious organisations in sub-section 56(d)[ii] of the same Act.

Thank you in advance for taking this submission into account. Please contact me at the details provided below if you would like clarification or further information about any aspect of this submission.


Alastair Lawrie

[i] Section 38K of the NSW Anti-Discrimination Act 1977, which covers education, provides that “[n]othing in this section applies to or in respect of private educational authorities”.

[ii] “Nothing in this Act affects: … (d) any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

State Member for Sydney Alex Greenwich (source NSW Parliament website).

State Member for Sydney Alex Greenwich (source: NSW Parliament website).

Germaine Greer, ABC’s #QandA & Transphobia

Updated 22 April 2017:

ABC’s #QandA producers have done it again, inviting notorious transphobe Germaine Greer to appear – yet again – on next Monday night’s episode.

In fact, Ms Greer’s appearance will be, at least, the third since the below post was written about the International Women’s Day episode in March 2015 (with other appearances in April 2016 and September 2016).

The frequent promotion by our national broadcaster of someone whose repugnant views about transgender people should be ignored rather than indulged is galling.

Importantly, Greer has already been given – and used – the opportunity of appearing on #QandA to ‘clarify’ her views on gender identity, but chose instead to continue her attacks on transgender people.

On the 11 April 2016 episode, Ms Greer deliberately mis-gendered Caitlyn Jenner, commenting that:

“I don’t believe that a man who has lived for 40 years as a man and had children with a woman and enjoyed the services, the unpaid services of a wife, which most women will never know, that he then decides that the whole time he’s been a woman, and at that point I’d like to say, “Hang on a minute, “you believed you were a woman, but you married another woman. “That wasn’t fair, was it?””

Here’s a hint Germaine – because you seem to be a bit slow on the uptake – Caitlyn Jenner is a woman, whether you like it or not (and it certainly appears to be the latter).

She even returned to the subject, later in the conversation, to take on a hypothetical middle-aged trans person, saying:

“If you’re a 50-year-old- truck driver who’s had four children with a wife and you decide that the whole time you’ve been a woman, I think you’re probably wrong.”

Imagine, for a second, that statement being made about another social group, say Aboriginal and Torres Strait Islander people, or Jewish people, or Muslim people – that, despite what you say you are, despite your fundamental identity, I will assert that your identity is incorrect. In effect, I will tell you that the person you say you are doesn’t exist.

This erasure wouldn’t be accepted – and it shouldn’t be accepted in relation to transgender and non-binary gender diverse people, either.

It’s time for Ms Greer to be taken off the speed dial list for ABC’s #QandA producers, and for her to be replaced by a feminist who is capable of accepting life in the 21st century. There is absolutely no shortage from which to choose.


Original Post 8 March 2015 (previous title: My Question to Tony Jones, Annabelle Crabb, #QandA Producers, Mark Scott & The ABC):

On Monday March 9th 2015, the ABC’s Q&A program will hold its first ever all-female show, to align with International Women’s Day (which is today, Sunday March 8).

There have actually been Q&A’s with all-female guests before – although they still featured Tony Jones as host, whereas tomorrow night Annabel Crabb will be moderating the conversation.

This is of course a welcome development, especially given the ongoing under-representation of women in political life in Australia, nowhere more than around the federal Cabinet table (with one of the two women currently in Cabinet, the Hon Julie Bishop MP, also a guest tomorrow night).

It’s just such a shame that it is undermined by the inclusion of Germaine Greer as a panellist.

Don’t get me wrong, Ms Greer was one of the most influential Australians of the 20th century, and her academic and public work on feminism, and improving the situation of women around the world, should be, indeed must be, respected.

Unfortunately, her views on gender identity, and in particular surrounding issues of transgender identity, have steadfastly refused to enter the 21st century. She has been, and remains, a vocal and unapologetic transphobe.

And it is this transphobia which, I believe, makes her an unsuitable guest for Q&A. It is my firm view that the ABC more generally, and Q&A specifically, should not be giving a platform to someone whose opinions are so abhorrent.

Now, that might seem like an extreme statement. Until you recognise that her comments about transgender people, and trans-women in particular, are far more extreme.

For example, in her 1999 book, The Whole Woman, Ms Greer wrote:

“Governments that consist of very few women have hurried to recognise as women men who believe that they are women and have had themselves castrated to prove it, because they see women not as another sex but as a non-sex.”

“No so-called sex-change has ever begged for a uterus-and-ovaries transplant; if uterus-and-ovaries transplants were made mandatory for wannabe women they would disappear overnight. The insistence that man-made women be accepted as women is the institutional expression of the mistaken conviction that women are defective males.”

Proving that it is possible to learn nothing about a subject in 10 years, Ms Greer wrote the following for The Guardian in 2009:

“Nowadays we are all likely to meet people who think they are women, have women’s names, and feminine clothes and lots of eyeshadow, who seem to us to be some kind of ghastly parody, though it isn’t polite to say so. We pretend that all the people passing for female really are. Other delusions may be challenged, but not a man’s delusion that he is female.”

In 2015, another six years having passed, and yet Ms Greer still doesn’t seem to be any the wiser about transgender issues. Delivering a public lecture at Cambridge University in January, she returned to her discriminatory ways.

According to the Huffington Post, transphobia itself became a target of her speech:

“Women are 51% of the world’s population and [I’ve been told] I’ve got to worry about transphobia… I didn’t know there was such a thing [as transphobia]. Arachnophobia, yes. Transphobia, no.”

Perhaps in an effort to single-handedly demonstrate that transphobia does exist, Ms Greer also repeated her 2009 view that it was a ‘delusion’ to describe the wish of ‘men to become women’, and “suggested that trans women do not know what it is to “have a big, hairy, smelly vagina.””.

And “[s]he further argued that the surgical procedures and medical treatments associated with transitioning are “unethical” because they “remove healthy tissue and create lifelong dependence on medicine.””.

So there we have (at least) three examples, spread across 16 years, of someone who actively belittles and demeans one group within the community simply because of who they are.

Imagine for a second that she (or indeed any potential Q&A guest) made similar comments about Aboriginal and Torres Strait Islander people, or Jewish people. That they questioned these groups’ ‘authenticity’, called them ‘delusional’ or ‘ghastly parodies’, at the same time as suggesting that racism, or anti-Semitism, were not in fact all-too-real phenomena.

Would the ABC nevertheless go ahead and book them for this program, effectively providing them with a platform for their bigoted views? I expect (and sincerely hope) that they would not.

Which indicates, or at least strongly implies, that the ABC does not consider transphobia to be as serious an issue as racism, or anti-Semitism, or other forms of discrimination.

What makes the decision to invite Germaine Greer onto the program even worse is that she has already appeared, on multiple occasions (and on one of her previous appearances hardly covered herself in glory, in March 2012 disrespecting then Prime Minister, the Hon Julia Gillard MP, by telling her “Face it Julia, you have a fat arse…”)

Are the producers seriously suggesting that a panel of five guests (plus host Annabel Crabb) could not be filled with intelligent and talented women without having to invite a notorious transphobe back for a repeat performance?

The fact that they have done so is, I believe, a serious failure of judgment.

Of course, writing this as a cisgender gay man I am exposing myself to potential criticism, that somehow I am being anti-feminist (for daring to criticise the ‘right’ of someone like Ms Greer to appear).

But I am comfortable enough to know that a) that’s not true and b) that it is more important to stand up for the rights of all of the members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

And it is not as if I am alone in making such criticisms. Author Roxane Gay, who is herself appearing on Monday night’s Q&A, had the following to say in an interview with the Sydney Morning Herald:

“I think she’s [Germaine Greer’s] bigoted and full of hate. She doesn’t acknowledge transgender women as women. That’s not acceptable. I honestly don’t know why she’s being included. I think it’s going to be uncomfortable.”

I too don’t know why Germaine Greer is being included on tomorrow night’s show. So, in the long tradition of Q&A, I would like to submit the following question:

My question is to Tony Jones, Annabel Crabb, #QandA Producers, Mark Scott and the ABC: Why do you consider it acceptable to provide a public platform for a transphobe like Germaine Greer? Or, in other words, why do you believe transphobia is less offensive than racism or anti-Semitism?

I would love for them (rather than the other guests) to provide a response to this, although I have to say I am not holding my breath.

Transphobe Germaine Greer

Transphobe Germaine Greer

One final thing. As I noted at the beginning, while this is the first all-female show, it is not the first all-female panel. And there have been other panels looking at Aboriginal and Torres Strait Islander issues, and one program looking specifically at HIV (held during AIDS2014 in Melbourne).

Perhaps a future Q&A could be devoted to LGBTI issues. With five guests, that means there could be at least one lesbian, gay, bisexual, transgender and intersex person each appearing (noting of course individuals can be more than one of these).

Such a show would go some way towards demonstrating that the LGBTI community is about more than just marriage equality, and that there is also an incredible amount of diversity, both in experience and opinions, within our ranks.

There are a large number of opportunities for such a panel during the year, not only during the (just completed) Sydney Gay & Lesbian Mardi Gras, but possibly even later in 2015 to celebrate 40 years of the decriminalisation of homosexuality in South Australia (the first Australian state to do so). So, Q&A, how about it?

Update 22 April 2017: Later in 2015, #QandA producers actually did stage a program focusing on LGBTI issues. Hosted by gay comedian Tom Ballard, it followed a screening of the documentary Between a Frock and a Hard Place, looking back at the success of The Adventures of Priscilla, Queen of the Desert.

The panel for the ‘#QandGay’ included:

Gay rights activist and author Dennis Altman

Entertainer Paul Capsis

Broadcaster and journalist Julie McCrossin

Christian Democratic Party MP Fred Nile

Transgender woman Julia Doulman and

Student and queer activist Katherine Hudson.

That’s right, not content on including notorious transphobe Germaine Greer on the International Women’s Day episode, #QandA producers apparently believed that a discussion about the progress of LGBTI rights in Australia required the input of notorious homophobe Fred Nile. I guess, based on that logic, the next panel to focus on issues about race will include a neo-Nazi. You know, for balance…