The Victorian Government has introduced a bill to ban unnecessary surgeries and treatments on children born with variations in sex characteristics, often referred to as intersex.
The State Government says this change will give intersex people “agency over their own body,” following reports of harm and trauma caused by ”inappropriate and unnecessary medical interventions.”
If passed, this would make Victoria the second Australian jurisdiction to enshrine these protections into law, following the ACT in 2023.
Intersex
Around 1.7% of people are born intersex, meaning they have traits that don‘t fit typical male or female definitions.
This might involve reproductive organs, chromosomes, and hormones. They can be apparent in infancy, or arise during puberty or adulthood.
Being intersex is different from being transgender or gender diverse, which relates to gender identity rather than characteristics diagnosable from birth.
In Australia, doctors can recommend surgical treatment for infants with intersex characteristics.
LGBTQIA+ advocacy organisation Equality Australia has found surgery is often performed for non-medical reasons, including “parental distress/confusion” or “cosmetic justifications.”
The organisation also said many intersex people “live with the consequences of decisions they had no real part in — and which could have waited until they were old enough to decide for themselves.”
New law
In October 2021, the Australian Human Rights Commission (AHRC) urged all Australian governments to ban unnecessary medical interventions on intersex people without their consent.
Following this advice, the ACT Government implemented a ban in 2023. The Victorian Government has since committed to a similar ban.
If passed, the new legislation would prohibit permanent medical treatments on children who are too young to consent, as long as it is safe to wait.
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The Victorian Government said parents of intersex children currently have limited information and support when making decisions about treatment.
It said the new law would ensure parents are provided with:
- Information about their child’s specific variation and all treatment options
- Explanations of what happens if treatment is delayed
- Access to counseling, peer support groups, and expert advice
Parents will still give final consent for their child’s treatment. However, an independent expert panel will also review treatments when:
- The person cannot give informed consent (usually infants and young children)
- The treatment causes permanent changes to sex characteristics
- The treatment is not urgent and can be safely delayed
If a proposed treatment is not approved by the panel, it will only be able to take place once the child is old enough to give consent.
Bill
Victorian Health Minister Mary-Anne Thomas introduced the bill to Parliament on Tuesday.
Thomas said: “This is an important step forward for people born with variations in sex characteristics and their families — who for too long have not had the fair and proper legal recognition of their rights.”
If passed, implementation will take place over several years, allowing time to develop resources and educate health services and families.
