Choice of sex on birth certificates becomes law in Victoria

Transgender Victorians can now choose the sex recorded on their birth certificate without surgery.

Victorian Greens leader Samantha Ratnam (centre) is seen with supporters of the gender diverse birth certificate bill outside of the Victorian State Parliament in Melbourne. (AAP Image/James Ross)

Transgender Victorians are celebrating new legislation making it easier to change the sex recorded on their birth certificates.

Under the legislation, which passed the Victorian upper house on Tuesday night despite the opposition of the Liberals, people will be able to choose the sex recorded on their birth certificate without undergoing reassignment surgery.

Support service Switchboard Victoria chief executive Joe Ball said the organisation had already received calls from the community asking when the legislation would come into effect: “I think this is an issue that is intergener­ational and affects everyone — transgender, non binary and gender diverse. I think essentially it’s about people not having discrimination in their lives.”

Mx Ball said the bill meant Victorians would no longer have to have uncomfortable conver­sations when applying for driver’s licences, enrolling in school or starting a bank account: “I see it as equality. It’s just about people being equal and that’s just how people will experience it.

“Rather than feeling like they’re second-class citizens or less than human … this will create an equality for people.”

Transgender Victoria acting executive director Sally Goldner said there was an enormous round of applause in parliament when the bill passed.

However, she said people who live in Victoria but were born in some other states couldn’t share in joy: “We have to get the last few done.”

Under the changes to the Births, Deaths and Marriages Registration Act, people can self-nominate the sex listed as male, female or any other gender diverse or non-binary descriptor of their choice.

The Registrar of Births, Deaths and Marriages will, however, be able to refuse to register a descriptor that is obscene, offensive or “not reasonably established as a sex descriptor”.

Children can alter the sex on their birth certificate with parental support and a statement from a doctor or registered psychologist saying the decision is in the best interests of the child.

Victoria joins Tasmania, Northern Territory, South Australia and the ACT in removing the need for surgery.

University of Melbourne philosopher Holly Lawford-Smith said the bill changed the legal definition of sex and would have serious implications.

“This legislation will prove to be bad for women as it is doing already in other jurisdictions,” Dr Lawford-Smith said.

Attorney-General Jill Hennessy said the previous surgery requirement was cruel and ­unfair. “These important new laws are about ensuring everyone can live their life as they choose,” she said.

Opposition Leader Michael O’Brien said: “What the government has done is turn a document which records biological sex into something which reports a person’s gender identification.”

Additional reporting: AAP