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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-15 Daily Xml
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GENDER IDENTITY

The Hon. K.L. VINCENT (15:15): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question regarding gender identity on official documents in South Australia.

Leave granted.

The Hon. K.L. VINCENT: I have been contacted by several constituents in the past who have struggled to get recognition on official documents for their true gender identity. These are people who are of an unspecified sex identity: they are neither male nor female. Obviously these people are a minority in our community, but I do not believe that that makes them any less deserving of having their true sex reflected in documentation. As it stands at the moment, while a South Australian can be recognised with an X in the gender box on their Australian passport, they are only able to pick between male or female on their birth certificate. There are several other examples of this limitation in South Australia, including when filling out forms required to get medical treatment.

This state of affairs is unacceptable. It goes against all concepts of self-determination and empowerment which our society supposedly embraces. Further, not only are these people being forced to lie on documents about their gender, they are also being forced to present incorrect information about their gender and being forced to present incorrect information on medical records, which could clearly affect the quality of care that they receive.

I have previously written to the Attorney-General about this issue, and I have received a flat out refusal to consider changing this policy. My questions to the Attorney-General are:

1. Given that people of neutral gender identity are a reality in Australia, what are the reasons for denying these people the right to have the correct information recorded about them on official documentation?

2. What would he advise South Australians of unspecified sex to do when confronted with forms requiring them to choose between male and female gender?

3. Has the Attorney-General considered the recommendations of the 2009 report, The Sex Files, while forming his stance on this issue?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (15:18): I thank the honourable member for her important questions and will refer them to the Attorney-General in another place and bring back a response.

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