Page 1014 - Week 04 - Tuesday, 19 March 2013
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Access to accurate documents of identification for sex and gender diverse people is a central concern of the report and will be a focus for the government as implementation progresses. There may also be circumstances where it is not necessary for a person to disclose their sex and gender identity or where a person chooses not to identify their sex and gender identity.
The government supports in principle recommendations about including “intersex” and “none of the above” as options for identification on data collection forms. The government also acknowledges that it is not always necessary to collect information about sex and gender identity and this will be considered as public authorities review their data collection systems.
However, the government is also conscious of the need to ensure the integrity and security of record-keeping systems and other systems. As the council acknowledged in its report, there are occasions where it is necessary to know a person’s sex and gender identity, such as in the provision of certain emergency, health and education services. Therefore it is important that accurate records are maintained and that sex is recorded for the purposes mentioned, as long as the person knows what has been recorded, that it is an accurate record and that it can be amended. The report captures this balance. The report said:
At the heart of the issue is the extent to which the person applying to change the record of their sex and gender identity has to offer some guarantee or level of comfort that their change of sex and gender identity is genuine and is being recorded in good faith.
The government will be looking at ways to balance a robust data collection system with the need to respect a person’s sex and gender identity.
Improving recognition for sex and gender diverse people will require a multi-pronged approach through amending legislation, ensuring the implementation of appropriate practices and the reviewing of procedural structures.
It is important to use this opportunity to promote improved recognition and equality for sex and gender diverse people through increasing awareness, understanding and respect for people of all sex and gender identities in the community. The report notes:
Law reform is a significant part of achieving attitudinal change, giving a signal to the community about the general policy direction. Real change requires leadership and education to promote public acceptance [of] the intention behind the law.
The government wants to reduce the negative stigma faced by sex and gender diverse people and provide them with equal recognition before the law. A significant amount of work across government will be required to give effect to the government’s response and to ensure that meaningful and effective measures are implemented.
Improving legal recognition is not a one-step process, and continued work will be required to achieve a robust and full evaluation of the processes currently in effect in
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