NSW will scrap a surgery requirement that has previously limited gender-diverse people’s ability to change their sex on their IDs.
Under a new law passed in the state’s Parliament, it will also now be illegal to “out” an LGBTQ+ person. The changes were proposed by Independent MP Alex Greenwich and passed with the support of the state Labor Government.
The Government said the changes are a step towards making NSW a “safer and more inclusive place”.
Most Coalition members voted against the bill.
Background
Last year, independent MPintroduced the ‘Equality Bill’.
It proposed simplifying the process of updating gender on official documents, and criminalising discrimination on the basis of sexual orientation in workplaces. This included discrimination against LGBTQ+ students and teachers at religious schools.
Greenwich is not a Government MP, which meant he needed to secure NSW Labor’s support to pass the bill.
Greenwich’s bill was reviewed by a.
The committee recommended going ahead with a parliamentary debate over the bill. It said religious groups and other stakeholders had raised concerns about some of the reforms that should be considered.
These concerns included the possibility “it would lead to a loss of recognition of male and female ‘sex’ and conflate ‘sex’ and ‘gender’”.
Changes
Last week, Greenwich announced he would drop parts of the legislation following talks with the Government.
He said the Government would not consider changes to the treatment of LGBTQ+ teachers and students until a broader review of relevant legislation took place.
However, the Government agreed to, including allowing transgender people to update their official documents like birth certificates and driver’s licences.
Bodhi’s story
One advocate for the bill was NSW mother Heike Fabig, who spoke publicly about her son Bodhi, a transgender man.
Bodhi died of a degenerative genetic condition earlier this year.
“His biggest fear in his last few days was that he would die still unrecognised as a male,” she said.
Fabig said that while Bodhi couldn’t change his birth certificate while he lived, he wanted her to be able to correct his gender on his death certificate.
Parliament
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The pared-back bill passed Parliament last week. Some of the changes include:
“Outing” or threatening to “out” someone – meaning disclosing their LGBTQ+ orientation, HIV status, or history of sex work without consent – is a criminal offence.
People no longer need surgery to be able to change their gender on official documents.
Non-binary will be an official sex descriptor on ID.
Reaction
In a speech to Parliament, Greenwich acknowledged he was “disappointed” that he couldn’t pass the full version of the bill.
He said the new changes are a “catalyst for action” in improving the lives of LGBTQ+ people in NSW.
Upper House leader Penny Sharpe said the Government would “revisit” issues not covered by the bill, including around LGBTQ+ teachers and students in religious schools.
However, Sharpe said: ”This bill makes it a little bit better for everyone affected.”
In a speech to Parliament, Greenwich acknowledged he was “disappointed” that he couldn’t pass the full version of the bill.
He said the new changes are a “catalyst for action” in improving the lives of LGBTQ+ people in NSW.
Upper House leader Penny Sharpe said the Government would “revisit” issues not covered by the bill, including around LGBTQ+ teachers and students in religious schools.
However, Sharpe said: ”This bill makes it a little bit better for everyone affected.”
Opposition
Shadow Attorney General Alister Henskens said it was “unacceptable” that children could change their sex on their birth certificate “without their parents or guardians being informed… That’s one of the provisions involved in this legislation.”
A child will only be able to do this if they seek court authorisation.
Most Opposition MPs voted against the bill. Upper House Liberal MPs Susan Carter and Rachel Merton raised concerns about “access to women’s sport and women’s spaces”.
However, Liberal MP Felicity Wilson voted against her party’s position to support the reforms.
“Those who claim it will create risk for women are fearmongering,” Wilson said.
“There is a simple and compassionate reason for the change — everyonedeserves to be recognised for who they are.”
The reforms will come into effect 1 July 2025.
