Page 2003 - Week 07 - Thursday, 13 August 2020
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Being transgender, intersex or gender diverse itself is not a mental health issue. Instead, the Telethon Kids Institute found that the suicidal thoughts and behaviour and other mental health issues faced by trans young people were due to the distress caused by the culmination of experiences of transphobia, discrimination, abuse and other actions of exclusion or prejudice. These findings are supported by other studies. Importantly, research has shown that where young people experiencing these difficulties are supported to express their gender identity and to socially transition, this is of great benefit and reduces mental health risks significantly.
Having access to a birth certificate that accurately reflects gender identity can make a huge difference. A birth certificate is a primary identity document that can also serve as evidence for obtaining other documents to support a young person to socially transition. Being able to obtain a birth certificate that affirms the young person’s identity can really assist in their lives. With accurate identification documents, young people can have the confidence of showing their IDs, knowing that the documents will not out them as transgender or gender diverse.
A key principle enshrined in this bill is the recognition of the evolving capacity of children and young people. It is a principle which exists in the Convention on the Rights of the Child, which recognises that even before children reach 18 years of age they may exercise rights and that they develop capacities to make decisions and to anticipate and bear responsibility for the consequences of their decisions.
It is important to emphasise that, unlike decisions about medical treatment, the decision we are talking about today is simply to change recorded sex or name in a register. While of course this is legally significant, in reality this is an administrative process that is completely reversible. The pathways created have been carefully considered to ensure appropriate safeguards around this decision.
For young people under 16 the bill will give the ACT Civil and Administrative Tribunal, or ACAT, the function of assessing whether a young person has the sufficient maturity and intelligence to seek to change their names and recorded sex. In making the assessment, ACAT will have the opportunity to hear the opinions of all relevant parties, including the parents and guardians of the young person, before deciding.
A child under 12 cannot bring an application to ACAT unless they have the support of one parent and can demonstrate exceptional circumstances. Another significant change brought about by this bill is that young people who are 16 will be able to change their given names or recorded sex by applying directly to the Registrar-General as if they were 18.
As I noted when introducing this bill, at 16 young people can already consent to sexual intercourse and medical treatment in most Australian jurisdictions. At that age they can also be in full-time employment. This bill will not allow any young person to change their given names and recorded sex directly. To make a valid application to the Births, Deaths and Marriages Register applicants of all ages must satisfy existing requirements which include producing evidence from a doctor or psychologist
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