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Tasmania shuts down gender debate with new research
The Tasmanian Law Reform Institute published new research that could shut down all legal debate around the state’s controversial gender laws introduced in 2019.
Naomi Neilson
In a move celebrated by advocates across the country, Tasmania’s Parliament passed laws that made recording gender optional on birth certificates and ended requirements for transgender people to have sex reassignment surgery before they were identified.
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At the time, the government warned that the legislation was not appropriately drafted and could have “unintended consequences”. While it hinted at a possible repeal down the track, it tasked the Tasmanian Law Reform with investigating the concerns.
“The [institute’s] inquiry uncovered no evidence that allowing people to change officially recorded gender would have any significant unforeseen legal consequences,” the institute wrote.
“At most, there are small issues to be considered, but they are taken into account and the legislation carefully responds to them.
“Most notably, this was done by ensuring effective scrutiny of gender change applications.”
Between 5 September 2019 and when the laws came into effect in May this year, there were 63 Tasmanians who applied to change their gender on existing birth certificates. Another 743 applied to have gender details erased completely.
The concerns raised by the community included a debate on whether birth certificates could become meaningless if gender is not fixed at birth. Addressing this, the institute found that gender is no longer an identifying criteria on a range of documentation, like a driver’s licence or a passport. The new Tasmanian gender law reflects that trend.
Another concern was people would be able to hide their criminal records by changing birth certificates, however, while previous genders are no longer recorded on any birth certificates, there is a separate historic record maintained for policing purposes. With this, authorities have “reasonable and lawful access” to criminal information.
Finally, there was debate on whether predators could misuse the law by changing their gender to access female toilets or gain an unfair advantage in sports. On this concern, the institute said Tasmania’s laws are “carefully designed to safeguard such misuse”.
“The registrar responsible for birth certificates can refuse to permit a change of gender if not satisfied the application is legitimate. Many sporting clubs, women’s services and government programs have adapted policies addressing inclusion and safety,” the institute said.
