Gender law reform: Tasmania’s children’s commissioner asks for protections for kids

Tasmania’s children’s commissioner has intervened in the debate, urging for safeguards before kids can change their official sex.

Leanne McLean, Tasmania’s Commissioner for Children. Picture: Nikki Davis-Jones

Tasmania’s children’s commissioner has intervened in the debate over sweeping transgender law reform, warning of the need for safeguards before children can change their official sex or gender.

Leanne McLean has written to members of the state’s upper house, expressing concern about aspects of the controversial reforms that make it easier for people, including children, to have their official sex or gender changed.

While backing an end to the requirement for people to undergo sex realignment surgery before they can change their official gender, Ms McLean warned more safeguards were needed to protect children.

“In my opinion, consideration should be given to including a requirement in the bill that a child or young person undergo appropriate counselling as a precondition to an application to remove or change sex or gender,” she wrote to Legislative Councillors.

“Evidence of this could be required through an additional statutory declaration by an appropriately trained person. This in turn would help inform decision makers as to the will and preferences of a child or young person. “

In her letter to MLCs ahead of their vote on the reforms next month, Ms McLean also expressed concern that the changes remove the need for the “best interests” of the child to be considered before a child’s official sex or gender is changed.

“We must maintain a focus on the fundamental right of children and young people to have their best interests assessed and taken into account as a primary consideration in all actions and decisions that concern them,” she said.

“I am therefore concerned that the bill removes consideration of ‘best interests’ in applications to change a child’s name.”

Ms McLean’s letter, written in November and leaked today after being obtained by critics of the reforms, also appears to chastise political parties for failing to consult her in drawing up the legislation.

“Despite the relevance of this bill to children and young people in Tasmania, I note that neither I, nor former interim commissioner … have been briefed or asked to comment,” she said.

The reforms allow people aged 16 or older to change their official sex or gender simply via statutory declaration.

Parents of children under 16 can apply for a change on their behalf. Where only one parent makes this request, a magistrate may approve it, based on the child’s wishes.

The changes also remove sex from birth certificates unless specifically requested. They were added by the Greens and Labor to a largely procedural government bill last year and passed the lower house with the casting vote of independent-minded Liberal speaker, Sue Hickey.

The state Liberal government opposes the changes, currently before the independent-dominated upper house.

An opponent of the legislation, women’s rights group Women Speak Tasmania, said the commissioner’s concerns were further evidence that the legislation was rushed by opposition parties in their haste to pull-off a parliamentary coup.

“It is very clear that all stakeholders have not been consulted by Labor and the Greens in their rush to fast track transgender law reforms,” said group spokeswoman Isla MacGregor.

“The Legislative Council must refer this issue to the Tasmanian Law Reform Institute for a full and thorough inquiry that will enable the Tasmanian community and all stakeholders to have input.”

Labor and the Greens are yet to respond.