The Tasmanian Law Reform Institute has published its initial report on the recent changes to the state’s sex and gender laws, finding many of the concerns were ‘overstated’.
The amendments to the Birth, Deaths and Marriages Act were made in April this year, to make it easier for a person to transition and become legally recognised as their preferred gender. The decision was then referred to the Institute by the Tasmanian parliament.
Prior to the changes, Tasmanians were required to have gender reassignment surgery in order to have their gender correctly addressed on their birth certificates.
This included a hysterectomy, a course of hormones and counselling. Since the amendments, you no longer have to undergo gender reassignment surgery.
Rather, people can submit a statutory declaration of their gender and change it on their birth certificate. The changes also mean that a parent does not need to choose a gender at birth for their child.
Many groups expressed concerns about the law and its potential impact on society.
These include the effect it could have on police search powers, passport applications and access to gender-specific programs.
Women Speak Tasmania, a local feminist lobby group, told The Feed they were concerned about what these changes would mean for women.
“It’s an inescapable fact that sometimes women need the company of other women, and a law which will allows a man who, who is presenting entirely as a male to come into those spaces. This [law] will make it illegal to excluded them.”
However, Dylan Richards, co-author of the Issues Paper, said the institute’s preliminary view is that the concerns raised about the potential impacts of the new law have been overstated.
“Many of the concerns raised during earlier debate were addressed in the final Act or can be resolved through minor amendments or administrative procedures,” Mr Richards said.
The issue paper found that Tasmanian law on gender records was consistent with both international trends and human rights obligations.
The institute also addressed critics’ fears that the new laws could be misused, reminding that a person who uses a birth certificate with the intention to deceive is breaking the law and it’s an offence that is punishable by up to 2 years in prison.
Richards said the group was still open for public consultation on the issue, hoping to hear from medical professionals and the general public.
