Two West Australian female-to-male transsexuals have won the right to be considered men without having to undergo surgery on their reproductive organs.
The transsexuals won an appeal in the State Administrative Tribunal against the refusal of the WA Gender Reassignment Board to issue them with certificates recognising "the reassignment of their gender".
The board had found against them because they had female reproductive systems, which it said was inconsistent with being male.
But the administrative tribunal overturned the decision on the grounds that while neither had undergone any surgery to alter their ovaries, uterus or vaginas, or had a penis constructed, both were infertile and had "presented as, and appeared to be, males".
The tribunal noted that a surgical procedure was not a requirement of the state's Gender Reassignment Act.
The tribunal also noted that the WA Attorney-General's office had intervened to support the gender board's ruling at an "early stage" of the appeal proceedings.
The identities of both men have been suppressed.