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» Polare Archive » Polare 75
» Article 7
A Submission to
H.R.E.O.C.
by Kathy Noble
A Submission to the Human Rights and Equal Opportunity Commission Seeking a National Enquiry into
Discrimination Experienced by Transgender people in Australia
Having been involved with the New Zealand
H.R.C. report via a submission and meeting
with Joy Liddicoat in Wellington, I am firmly convinced that we need to have a similar enquiry in
Australia. This should be determined along the lines of the New Zealand enquiry, i.e. be nation wide and
should arrange meetings and take submissions from the trans-community in order to understand the
situation. The enquiry should deal with all levels of Government in Australia, which currently make laws
which are inconsistent between State, Territory and Federal Governments.
Too many laws lead to confusion and make it extremely difficult to understand who is responsible for
what. We need easily understood legislation which is user-friendly, and does not vary from each
level of government, but is based on directions from the Federal Government that can be implemented by
State and Territory Governments. At present if people move interstate they are faced with different and
confusing laws that often mean they have to learn how the new State's laws affect them.
Some States offer a Recognition Certificate, but there is no consistency in this, as the usage of
Recognition Certificates differs from jurisdiction to jurisdiction. South Australia, Western Australia
and Victoria offer Recognition Certificates but may or may not recognise the certificates issued by
other States. In addition, their certificates may not be recognised by the other States and Territories.
They can be used abroad as recognition of a person's transition in order to have documentation amended
in country of birth yet no government in Australia recognises any Recognition Certificate issued outside
Australia, and this creates problems for those who have immigrated here and become citizens.
The amount of documentation that is required to be altered is appalling, and can be very
off-putting to those who face this both before and after surgery. In addition there is the fact
that you have to apply to each government department separately, as they do not exchange details
interdepartmentally. This means that you have to tell the Passport Office, Citizenship, Immigration and
Multicultural Affairs separately. States and Territories are responsible for Birth Certificate, Change
of Name, Drivers Licence and other matters such as land registry.
The Federal Government is responsible for Passport, Citizenship Certificate, Marriage, Health
Insurance Commission and Permanent Residency. Therefore, it is of little value to blame the wrong
government for causing problems. As each of these Governments makes its own laws inconsistency is
inevitable, and will remain so until a structure is established at Federal level to be the basis for
consistency at all levels of government. This should include an assurance that data will be passed
between Departments, as is the case in Britain. The format used in the
U.K. would be an ideal starting place. The Gender
Recognition Act 2004 dictates that one department notifies all others after acceptance and issue of the
Gender Recognition Certificate.
We have tried to underline these problems in the following pages with letters from affected
transgenders. We would like you to consider very carefully what we have put together, in the hope that
we can at last achieve congruence of government policy and law. We have been continually told about this
by the Federal Government of both the former Coalition and the current Labor government.
Transgenders are a minority group seeking equality at law with the rest of society, which we
currently do not have. We wish to be recognised in the same way that we have recognised ourselves since
birth. Through a quirk of nature we were born into the wrong body and we ask that this be corrected
through appropriate documentation. By doing this many will be saved a lifetime of torment and the strong
possibility of suicide.
Official submission concerning discrimination against Trans people and their Spouses.
This submission comes under the International Covenant on Civil and Political Rights and Immigrant
Status and Social and Cultural Rights. It also relates to the Australian Constitution (Chapter 1 part
V (xxi.)
marriage and (xxii.) divorce and chapter
V. The States. 109 and 117)
109 states "When a law of a State is inconsistent with a law of the Commonwealth, the latter
shall prevail, and the former shall, to the extent of the inconsistency, be invalid" So, is an
inconsistency at State level overruled by a consistency, or a bigger inconsistency at Federal level?
At present there are huge inconsistencies at all levels where transgendered are concerned.
Correspondence from the Coalition and the policies of the Labor Government's talk about consistency, but
deliver inconsistency. In addition they both abdicate their Federal obligations, and attempt to pass to
the States and Territories what is not their legal area of concern!
I am continually told by various Government and Health Departments that we are "too
complex". I would counter this, by saying that the current legal framework is too complex and
confusing for trans people.
The New Zealand Human Rights Commission (H.R.C.) in their Transgender report 2007 state in
Conclusions at 8.43 "The current legal framework is complex and confusing for trans people. Trans
people are very diverse and should not have barriers placed in the way of their human rights simply
because that diversity presents legal complexity. All persons, everywhere are entitled to respect for
their dignity by virtue of their humanity. An inclusive approach should be taken to protecting trans
people from discrimination"
New Zealand H.R.C. Findings and
Recommendations 9.2 "Frequently, the wider community has little or no understanding about these
issues affecting trans people's lives. The evidence presented in this report demonstrates there are
crucial policy areas where no consultation has taken place with trans people and decisions have been
made based on limited knowledge about their impact on trans people".
This is certainly true in Australia where the full problem has not been researched and thought
through in a unified and consistent way.
9.50 The enquiry recommends that the Government should enable effective participation by trans
people in decisions that affect them by:
- Recognising and supporting the leadership advocacy of trans people; and
- Increasing government agencies' consultation and collaboration with trans people, starting
with the priority areas outlined in this report.
We in Australia would very much like to see this implemented!
It appears all too easy to hide behind the oft quoted word "complex" which seems to be an
excuse for those Departments that really are saying "Go away, we have no time to spend on your
problems".
The following lists show the difference in the number of documents which need to be amended for
those born in Australia and those born offshore.
Born in Australia:
- Change of name;
- Sex Reassignment Surgery;
- Divorce (if married);
- Amend Birth Certificate; and
- Ament Passport.
Born off shore
- Change of name;
- Sex Reassignment Surgery;
- Residency status;
- Recognition Certificate;
- Divorce (if married);
- Amend Birth Certificate from country of birth;
- Amend Citizenship Certificate; and
- Amend Passport.
Queensland
(The author is from Queensland)
Problem: Lack of full recognition for those born off shore due to there
being no Recognised Details Certificate (R.D.C.) in place.
Solution: Issue an
R.D.C. in Queensland.
Problem: Gender Recognition Certificate issued by Country of birth not
recognised
Solution: Recognise off shore recognition certificates. Proof of
residency in Australia is required if we are to implement an
R.D.C. in Queensland. This is a
Federal problem. Births, Deaths & Marriages will allow change of name for those born off shore and
resident in Queensland. Allow driver's licence to be amended before surgery and after change of name
accompanied by a letter from your Psychiatrist. Those born in Queensland do not need proof of residency,
or an R.D.C. to be fully recognised in
their new sex / gender in order to change their Birth Certificate.
Problem: Those from off shore are now made to feel like second class
citizens, even when they have been granted permanent residency and are citizens of Australia.
Solution: Afford us the same status at law as those born in Australia.
Australian Constitution Chapter 5, 117. A subject of the Queen, resident in any State, shall not be
subject in any other State to disability or discrimination which would not be equally applicable to him
if he were a subject of the Queen resident in such other State.
Federal
Problem: Does not recognise any recognition certificate issued off
shore.
Solution: Recognise off shore recognition certificates. For those born in
Australia they need only to be divorced, over eighteen and single to be able to change their Birth
Certificate and Passport after S.R.S.
Problem: Requirements for those born offshore. include an amended Birth
Certificate from country of birth, and an amended Citizenship Certificate in order to amend their
Australian Passport
Solution: Allow amended Citizenship and passport after
S.R.S.
Problem: Proof of Residency has to be amended if you entered the country as
male and are now female. Could it be construed that until that amendment is made, you do not exist, or
are an illegal immigrant? No sex is mentioned on form 283, Certificate of evidence of resident
status.
Solution: To be automatically amended after Citizenship Certificate has
been amended. There is no link up between departments. Citizenship certificate must be amended in order
to amend your passport (Since May 2007). No sex is mentioned.
Problem: Marriage. If married there has to be a divorce in order to amend
your Birth Certificate. This discriminates against those who who wish to stay married.
Solution: Needs to be approached in an entirely different way to
same-sex, as still legally married
Problem: The trans-person's spouse suffers loss of rights to
inheritance and superannuation. They are placed into a same-sex relationship category by
Government departments, although still legally married. The spouse cannot regain full rights in
marriage. Divorce is required in order to have those rights re-instated. Why should this be, as
they took solemn vows and have done no wrong, other than stay married to their partner?
Solution: As the above solution
Problem: If denied an amended Birth Certificate because they are still
married, then the passport cannot be amended due to being still married. (But note recent Anrams case
and Supreme Court ruling). This places those who have to travel off shore in a very invidious
position.
Solution: In the past passports have been amended on production of evidence
of surgery, why not now? We have proof
Problem: Those born in
U.K. have to divorce to be able to amend their Birth
Certificate, so this stops them from amending their Citizenship Certificate and passport.
Solution: Also in the past the Citizenship Certificate was amended without
an amended Birth Certificate. Again we have proof.
Problem: Does this apply to residency too?
Question: Does this also apply to proof of permanent residency, that Birth
Certificate and Citizenship Certificate have been amended?
Problem: The decision handed down in the case of Abrams, now presents us
with a farce, as she can amend her passport, but not her Birth Certificate.
Query: Will this mean that many more will use this precedent in order to
change their passport via this route?
Why has Government made it so hard to change our passports, when it is a seemingly easy exercise when
a newly married woman changes hers, due to her change of name?
Is it possible to lower the threshold for enabling trans women to obtain an "F" passport
and a trans man to obtain an "M" passport, reflecting the
U.K. approach? This could take the form that allows the
gender marker to be changed as long as the person has permanently changed gender role and does not
intend to reverse it. A simple letter from a medical professional, general practitioner, psychologist or
psychotherapist is sufficient to endorse this. This is unrelated to the Gender Recognition Certificate
issued by the U.K. Gender Recognition Panel.
Legal Stance
What is the difference for those born an Australian Citizen, as against those who are granted it via
Australian Citizenship? Are those born here considered to be more elite, than those granted both
permanent residency and citizenship. It gives those who are granted citizenship the feeling of being
second class citizens.
Is the Federal Government aware that a couple who remain married after one has undergone
S.R.S., are forced to divorce in order for
the trans person to amend documentation, and they would have to commit perjury as the law expects them to
quote "irreconcilable breakdown", when this is patently not the case, as this is the only
grounds allowed for divorce.
What would be the outcome if the couple stated in Court that they were being forced into a divorce in
order to be allowed to change their Birth Certificate and other documentation, because of current
Federal Government legislation with regard to Trans people who are married and wish to stay married? If
this were found to be a lie, would they have committed the crime of perjury?
The New Zealand Human Rights Commission in their Transgender Report 2007 on page 98 at 9.40 states
"Similarly, the inquiry considers that while amending a birth certificate should be sufficient to
amend sex details on other records, it is not a necessary prerequisite. If someone meets the proposed
criteria for changing the sex details on their birth certificate, they should nonetheless have the right
to amend a passport, citizenship certificate or other documents. This provision is particularly
important for trans people who cannot amend their birth certificate (for example: because they were born
in a country that does not allow trans people to amend birth certificates, if they are currently
married, or for cultural reasons).
What is the legal situation concerning young people who may require puberty blockers, (Re: Alex),
whilst they decide if they are transsexual and intend to fully transition?
Recommendations
If a person meets the criteria to amend his / her Birth Certificate in any State or Territory
or Country that affords this to those born in those States, Territories or Countries, why cannot those
born off shore, but residing in said State Territory or Country also be allowed to amend their
documentation as is mentioned above in the New Zealand Human Rights Commission Report at 9.40. e.g.
Citizenship Certificate, Passport, Permanent Residency, Health Insurance Commission. Why can't these be
amended if one is still married or unable to undergo
S.R.S. because of finance, cultural or health
reasons if residing in the said State, Territory or Country, either by birth or being born offshore?
As the Federal Government is responsible at law for five areas (Passports, Citizenship Certificates,
Proof of Permanent Residency, Marriage and Health Insurance Commission) that cover trans people, they
should implement consistency of law and word with regard to trans people. This could then be used as a
guide for all States and Territories in Australia, creating consistency within the Commonwealth in
accordance with Chapter V - 109 of the Australian
Constitution. The new guide should include the principle that amended facts are to be passed between
Federal Government Departments, so that trans people do not have to apply to each department in turn for
full recognition. Which would be the Alpha department that would collate these details and pass them on?
This is done in the U.K., under the Gender Recognition
Act 2004 by the Gender Recognition Council. Once the Gender Recognition Certificate is granted, then
that authority notifies all relevant departments, such as Birth Registry, Tax Office and Pension Office,
whose records are amended to show the person's new gender.
Our Federal Government should recognise all Gender Recognition Certificates issued in Australia and
those issued outside Australia by other sovereign governments and this recognition should then flow to
all levels of Government within Australia.
Summation
We would like to see an approach in Australia similar to that of the New Zealand Human Rights
Commission. Trans people should be interviewed across Australia, or asked to send in submissions. This
would lead to a much better understanding of the problems that we face at all levels of government and
medical areas. It can also afford anonymity for those who require it.
Chapter 5 of the New Zealand Human Rights Commission Report records what professional clinicians have
to say. This is what is sadly lacking in Australia.
The New Zealand Human Rights Commission Report outlines the extreme problems that we face in
Australia. Something must be done to counter the immense damage that our current laws cause and how
trans people's problems are viewed, before too many more are lost to depression, despair and
suicide.
Young trans people, sometimes as young as four, who come into the system, deserve better treatment
than we older activists and advocates have received, and are receiving.
We suffer from outdated laws that are not being amended in order to keep pace with changes and
research within the trans area of concern. The laws pertaining to trans people are far out of date in
most cases, and out of touch with reality. We would ask that you give open and honest consideration to
what we have outlined, in order to bring us up to date and into the 21st Century, with regard to legal,
social and health concerns in Australia.
Letters to accompany The Submission to
H.R.E.O.C.
Complaints
I am fortunate that I have been able to acquire a Gender Recognition Certificate from the
U.K., and have therefore had my Birth
Certificate amended. This has allowed me to amend my Citizenship Certificate, both my Australian
and U.K. passports, as well as now receiving my
Form 283, Certificate of Evidence of Resident Status. Clearly this should mean that I am fully
recognised in Australia and Queensland. However, I feel that the situation in Queensland is
questionable, as Queensland does not recognise any form of Recognition Certificate issued off
shore, plus the fact that I have not been offered a Recognised Details Certificate by
Queensland, as they do not offer this!
My question is, am I recognised in Australia, but not in the State where I am domiciled
(Queensland)?
Kathy Anne Noble
President, Changeling Aspects
Hi Kathy,
Please find below an account of my dealing with the Passport Office.
I rang up the Passport Information Service on the 18th of December 2007 and asked what the
procedure was to change gender in my passport. After a discussion they said it would be best if
my application was processed at the Passport Office and not a Post Office. An appointment was
made for the 27th of December 2007.
On the 27th I fronted the Passport Office. They initially said that I would need an updated
birth certificate and I explained that I did not fit the criteria for a revised birth
certificate (due to being married and not divorced). I brought a certified copy of my birth
certificate but for some reason they needed the original even though I had my current and
previous passports with me.
Finally they accepted my application. They did state it wouldn't be processed in their normal
ten day period. They didn't know how long it was going to take and that it would need to go to
Canberra for approval. The reference number for my application is 03452512W.
The following day (28th), I went down to the local Australia Post business centre and asked
them to send a copy of my birth certificate through.
On the following Thursday (4th January 2008), I received a phone call from the Passport
Office with an additional requirement, they wanted a letter from a second doctor confirming that
I had had reassignment surgery. About half an hour later they phoned again requesting a letter
stating that I was married and not going to get a divorce and also a letter from the
N.S.W. Department of Births Deaths and
Marriages stating the requirements for gender change on
N.S.W. birth certificates, even though these
are publicly available. They said they would forward my application to their Policies
Department.
I spoke to the call centre at Births Deaths and Marriages (also on the 4th) and asked if they
could produce such a letter. They said they'd get back to me within twenty-four hours with
a decision. I queried what decision, their response was the decision would be on whether they'd
give me such a letter.
I didn't hear back from them until the morning of the 7th when I had to re-explain what
I needed and why. The gentleman I spoke to said this wouldn't be an issue and he'd get it out
that afternoon.
In my letter to the Passport Office regarding my marital status, I also explained that I work
for a company that is in the oil industry, I pointed out that we deal with oil companies in
countries that are not accepting of transsexuals and that the longer it takes to process my
application, the higher the chance that it will interfere with my ability to perform my
duties.
I received the letter on the 10th of January, 2008 and faxed the documents to the Passport
office. I will take the originals to my local Australia Post business centre today, so they can
forward the hard copies to the passport office.
Name Withheld
11th January 2008
Hi Kathy,
I've been hassling the Passport Office and I just got a phone call from them today (I rang
them yesterday and last week but they didn't get back to me). They said it still hasn't been
approved but it should be in the next couple of days. So I explicitly asked so it'll be issued
next week and she said yes.
So the squeaky wheel gets the oil. But it still remains to be seen whether they'll do it or
not.
Has the other girl got hers issued yet?
Name Withheld
Some typical questions and answers:
Question: Sorry to trouble you, but is your passport with
"M" in the box a ten year one, or longer?
Answer: My Passport is a ten year one, it was one I took out before
flying to Thailand for S.R.S. I was
told I could have it changed upon providing evidence of surgery to the department.
Question: Several others have been given this type of passport and
when they have queried it, they are told "It is to save embarrassment when travelling"
How can that be? When there is a clear mix of male and female displayed.
Answer: Damned good question - I think it's a disgrace. I
travel quite a lot with work and it's a source of constant fear for me (particularly in South
East Asia). I have actually held off on trips to the
U.S. because of their level of scrutiny and
potential for intense humiliation at a U.S.
airport with a prominent "M" on my passport. Recently I had to apply for some complex
business finance and had to provide a copy of my passport with the documentation. I was
terrified someone would pick up on the "M" then too.
Question: Have you changed your
U.K. passport, or don't you have one?
Answer: I have a
U.K. passport, but it has expired many years
ago. I haven't been to the U.K. since I left in
1987.
Question: Have you amended your Citizenship Certificate, and if so,
was it back dated in your female status to the date that you originally took it out?
Answer:. Yes - my Citizenship Certificate has been amended. I
have no idea if it was backdated at all - wasn't something I checked to be honest.
Question: There is now no mention of sex on the Citizenship
Certificate.
Answer: There was no mention of sex on my original certificate
(Issued in 1990), but the name was obviously male.
Question: Hope you don't mind answering these questions, as it is
all useful in building a case for change.
Answer: No problems at all - happy to help if I can.
Dear Kathy
Sorry this has taken so long. I just haven't had a chance to do it before this. The passport
is attached.
This is my experience as you requested.
I rang the Passport Section of Immigration in around August / September 2004 to tell
them that I was travelling to Thailand later in the year to consult three surgeons who
specialise in male-to-female sex reassignment surgery.
I am a professional and I told them that on the way to Thailand I had to visit a colleague in
Surabaya, Indonesia on business. I had been advised by my Indonesian colleague to be sure that I
had a passport that declared me as female or I might experience difficulty, or even be forced to
repatriate on the next available flight to Sydney when passing through Indonesian Immigration.
In my phone conversation with the Passport Section of Immigration in Canberra I mentioned that I
wanted a twelve months passport which declared me as female (i.e. an "F" in the
passport number and box rather than an "M") which I understood was available for
M.T.F. transsexual people visiting Thailand to
either seek or to actually have surgery performed and explained my reason for needing this. I
was advised that this type of passport had been available for a number of years to assist
transsexual people in choosing and consulting a surgeon, but that it had recently been removed
from the type of passports available. I was advised that the only way to have the passport
declaring me as female was to obtain a birth certificate issued declaring me as female. This can
only be issued by Births, Deaths & Marriages in
N.S.W. if Sex Reassignment Surgery has been
undergone by the applicant. Thus I was unable to get the birth certificate I required. The only
other way was to travel as a male with my male passport. Under the standard conditions of
transitioning from male to female, the psychiatrist will not allow any reversion to the former
gender of the person seeking S.R.S.
for any reason whatsoever, and if that does occur the patient must start therapy again and
repeat the standard two year period with a full psychiatric report before any surgeon will carry
out the procedure. I was already twelve months through the period.
The only way that I could solve my problem was to request the printer to assist me in
gaining entrance to Thailand. Fortunately the company was influential in Surabaya and because of
the then outdated entrance arrangements, representatives were able to meet me before
Immigration, whisk me away to a lounge while the company director took care of the Customs and
Immigration formalities on my behalf.
I was fortunate. Many other transsexual people would not be as fortunate. I cannot emphasise
enough how important it is for a pre-operative transsexual's sense of self and dignity
that he or she be treated as the gender dictated by this condition which has been present since
birth. The current situation is devastating for transsexuals needing surgery.
Surgery is more cost effective overseas and is certainly up to Australian standards and in
some cases exceeds them, but the normal procedure of finding, consulting and becoming
comfortable with a surgeon is denied Australian transsexuals travelling overseas. Under the
current regulations they travel under embarrassing circumstances with inappropriate
documentation.
Name Withheld
The Dog's Breakfast - 1st August 2007
I arrived in Australia on a temporary passport in 1964! Issued by Australia under "The
Migration Act" supporting white immigrants, usually called "10 pound Pommie"
Many years later I applied for Australian citizenship in my "then Male name, address
etc" and it was issued as such.
Applied to British High Commission in Canberra for passport so I could return to England
for a three month holiday (male mode).
Some twelve years later I transitioned from male to female. I was issued with a deed poll for
name change. Medicare, Driving Licence etc changed with deed poll and medical certificate from
psychologist issued by sexual health. All documents were changed.
In 2006 I applied to Canberra British passport office for new passport in new name (deed poll
supplied) plus old male passport with all information asked for as per application. New passport
was issued in female name with an "F" in the box and on the bottom amongst the numbers
was an F as well. My old passport was returned with the corner cut off.
I now applied for an Australian passport via the post office with documents asked for. The
new passport was returned with an "F" in place, and no questions asked! As per the law
in Australia, I answered all questions truthfully. There was no question that had to be ticked
or answered that had anything to do with being transsexual!
Hypothetical question! If I was a mass killer would I say that I was, if not asked?
I cannot accept that an error has been made as stated in the above. If what follows is
correct!
Clearly you have gathered from the general basic information which (name withheld) supplied
initially that there is a fairly specific and detailed process to go through but there is no
mention of how to do this contained within the
I.P.S. application pack due to
the sensitivity of the information.
If there is nothing contained in the information pack, where do we get the information from?
Therefore, I think that what my friend has done, was correct, as she complied with what was
asked for. I would suggest that the error is in the way the law / package has been put
together!
Name Withheld
Kathy, the above was sent to Newcastle-Upon-Tyne to try to get answers as to how
this happened.
Private and Confidential
Director, Passport Renewal Section, Passport Office
I need to bring to your attention an issue around the renewal of my current Australian
Passport. In its current state, is both incorrect and misleading, not to mention creating
unnecessary personal stress.
Making the passport renewal online I was distressed to discover that the renewal form, that I
was to take to the local post office, contained incorrect and misleading name and gender
details.
I find this incredible this has occurred, given I made and was granted a decision through the
Department of Immigration and Multicultural Affairs (Melbourne section), the right to change my
personal records pertaining to all government records, including Passport and Australian
Citizenship Certificate, after I had provided evidence to the effect I had undergone gender
reassignment and was regarded as being female in the community, with the name (withheld). The
evidence provided included records stating that I legally be known as (withheld) and my gender
regarded as Female, including the following:
- Victorian Recognised Details Certificate;
- United Kingdom Birth Certificate; and
- United Kingdom Gender Recognition Certificate.
The Officer from the Parliamentary and Public Access Unit, stated the personal evidence
provided, leads her to the concluding decision that personal information held and available for
use by Australian Government Departments' was incorrect and misleading.
This authorised the changing of all Australian Government Departments' records to the
name (withheld) and gender as Female, and includes changing all historical personal records, of
which clearly a renewal of the passport is one. This decision allowed a successful application
and issue of the Australian Citizenship Certificate, in the name to be received.
I also make reference to information received from a friend, where I draw the conclusion made
by an officer from the Watch Office, Department of Foreign Affairs and Trade (dated 17 April
2007), under section 8 of the Australian Passport Act 2005, and that from an Assistant
Secretary, Passport Client Services Branch (dated 22 May 2007), that I have provided absolute
evidence to ensure all future renewal applications of my Australian passport should correspond
to that of my correct female name and female gender.
I trust this provides sufficient evidence for you to make a decision and direction, to ensure
the renewal of my Australian Passport and to direct that it no longer has reference to incorrect
and misleading information.
Sincerely yours,
Name Withheld
Re: Chronological sequence of my passport story
Hi Kathy,
I attach the F.O.I. decisions (not
sure if I previously sent them?). But it is worth referring to the section where the
F.O.I. agent says that if there is any
passport enquiries contact the Passport Office!
You can imagine the mockery of this statement from the result I received when I initially
queried with the Passport Office about the fact that old improper details appeared on the
Passport Renewal online and was told offhandedly, "we need this for security reasons"
so that in effect they were not interested in assisting me at all.
So in ascending date order of events leading up to today's (Friday 31st August 2007)
"experience" at the Australia Post (Airport West - Victoria) Office:
- Received authority from the
F.O.I. for Departmental
records to be changed which in effect would allow for me to pursue an application for a
new Citizenship Certificate.
- Received Citizenship Certificate with new "proper" details with the date
it was first issued (in 1977)
- Noted Passport was up for renewal mid-September 2007
- Around mid-August initiated renewal through the Passport Renewal online
access.
- Discovery after completing family name, first names, gender, and date of birth etc
the P.D.F. file revealed my
old gender name and details.
- Tried to seek assistance thru the Passport telephone contact number 131 232
- Received response from the
"C.S.R." I mentioned in
the first part of this email.
- I contacted Kathy who suggested I contacted the Passport Policy section - this
I duly did referring to two instances of replies Kathy had received from earlier
passport queries
- I phoned to seek progress and was informed that the response would be in the post
that in effect would outline that I need to submit the new Citizenship Certificate with
a normal Passport application - this letter I duly received around a week
later.
- I then made progress to complete the Passport application, including having the
photo sighted and signed, then wanting to make an appointment with the Passport
Office.
- Informed this is not possible despite explaining the circumstances surrounding the
sensitivities of this application that could be revealed - being informed all
Australian Post personnel are trained and would need to go to Australia Post.
- Made appointment with the first available Australia Post for the passport
application - making copies of documents that may be required in what I thought
was going to be a private meeting in a closed-off office!
- Imagine my surprise - to the point I was going to walk out - where I
have had the so called interview as if I was buying a book of stamps -
disgusting
- The clerk said "it would not make any difference if I were to walk out as all
Australia Post do it is this way"
- So I stood there handing over the copy of the Citizenship Certificate imagining that
any personal question that may have come up - would have been the point I would
have walked out - can imagine the stress for someone who had to do an initial
passport with all the questions / answers back and forth - very
unacceptable
- To cap off this "wonderful experience" she cut my still valid passport
front cover!
So Kathy you can see this is just the "tip of the iceberg" of what we have to put
up with - what should have been a relatively standard process.
Hi Kathy,
Thank you for your thoughts on problems transsexuals and
G.I.D. Australians face! My wife and
I approached my name change and all it's implications honestly but in trepidation as we notified
the various Government and State Authorities.
Centrelink
We had no difficulty with Centrelink Lismore as we apprised their financial advisor of our
plight and my name change. This particular Officer changed my name on their files and this to
date has made no difference to us receiving Married Centrelink Part Pension Payments.
My wife and I confirmed that we will remain married and stay together for life as we both
took sacred marriage vows and had no intention of breaking them by divorce.
N.S.W.
R.T.A. Drivers License
I provided the Lismore Office of N.S.W.
R.T.A. with a certified copy of
my amended Birth Certificate in my new name and was issued with a new license in the name of
(withheld). As there is no gender noted on the licence all is ok.
N.S.W. Birth Certificate
I amended my N.S.W. Birth Certificate
by Deed Poll without any trouble as long as I retained male gender indicated on the amended
certificate.
To change the gender on this certificate I must;
- Divorce my wife.
- Furnish the Births Deaths and Marriages with a certified statement by the Surgeon
that I have had G.R.S.
and am now a female.
- I must lodge a fresh application as a Transsexual before I can have my gender
changed on my birth certificate.
This is totally impossible and draconian, not to mention discriminatory as my wife and I
(like many other couples in our situation) wish to remain married to honour our commitment and
marriage vows to one another.
Australian Passport
As an Australian Citizen I hold a passport in my former male name with the gender as male.
If I wish to apply for a new Passport in the name of (female name) Gender Female then the
N.S.W. Birth Certificate must show I am
transgender female!
A Catch 22 situation, in anyone's language. Such a situation over gender would cause major
problems in many countries if my passport showed me as (female name) male thus I might be unable
to travel overseas as a result of this Federal Government's discriminatory legislative
folly.
Commonwealth Public Servants Superannuation
This august body is bound by Federal Government Legislation which discriminates against
all same sex couples (married or not) by denying their surviving partner / husband
/ wife the 65% of the deceased Public Servants Superannuation Pension which is applied
only to married male and female couples!
In our case we are both retired, superannuated Commonwealth Public Servants (still married
after thirty-nine years) and we both contributed to the Commonwealth Public Servants
Superannuation from our salaries while working for our joint retirement.
Because of current legislation we are not now entitled to receive 65% of the deceased
person's pension if I change my gender on my Birth Certificate! This is grossly unfair as we
have and always will rely heavily on one another as a married couple financially, morally and in
health matters not to mention the tremendous unconditional love, compassion and support we
continue to share with one another through thick and thin. I still get Commonwealth Public
Servant Superannuation Mail Addressed to Mr. (female name) because I dare not change my gender
on my birth certificate because of the aforementioned legislation.
We and many couples like us are caught in Government Legislative Discriminatory Regulations
which refuse human rights and equal opportunities to those Australian Taxpayers who through no
fault of their own do not meet the Religious and Political Norm of a Male-Female
Heterosexual Couple.
I don't know of other legislation which precludes us from Health Care etc.
I do know that we are in no man's land because we do not fit into the Government mould.
It is vital that our situation is resolved and we are able to receive the same entitlements
as other Australian Taxpayer Citizens.
Hope this helps you a bit.
Name Withheld 20th September 2007
Letter to Member of Parliament
Re: Discriminatory Legislation of State and Federal Governments Impacting on Transgender
Married Couples and Singles in Australia
I am writing to you to try and highlight the draconian and cruel discriminatory legislation
currently applied to Australian transgender married couples which strips away the basic human
rights and equal opportunities of all Australian transgender citizens. Such legislation flies
in the face of the International Human Rights and Equal Opportunities Charter of which
Australia is a signatory.
My wife and I are like many other Australian married couples, lumped in with the
anti-gay legislation of "Same Sex Couples" post Howard and State legislation
which ignores the facts as follows:
My seventy-two year old wife and I married in good faith thirty-eight years ago
as male and female and our union has lasted to this point despite surviving the stresses of
Cyclone Tracy, major floods on the Queensland Sunshine Coast and even the very necessary gender
reassignment surgery undertaken on 3rd August 2007. Because my Gender Identity Disorder and
Transsexualism were not understood before our marriage I was forced to subjugate my condition
all my life until such unbearable pressure of the condition overwhelmed me to the point of
contemplating suicide four years ago.
As part of an incomplete university psychology degree which my wife undertook for her work,
she attended a section on "Gender Bending" (Transgenderism) and therefore understood
my condition and sought help to diagnose and confirm my condition. Because the area where we
live is so isolated from specialist gender medical practitioners I was referred to the Brisbane
Gender Centre by a local doctor. I attended appointments with a specialist gender
G.P. at the Centre, and with a
psychiatrist at the Brisbane Women's Hospital and Queensland Mental Health Specialist, also an
endocrinologist in Wickham Terrace, Brisbane, over a period of four years.
My condition was confirmed and I began female hormones after being subjected much earlier to
both Electro Convulsive Therapy (E.C.T.) and testosterone therapy in an effort to become male.
Both failed. I also had a four-hour neuropsychology test in Brisbane to ensure my brain
functions were okay and passed with flying colours.
I attended appointments with doctors, two psychiatrists and the plastic surgeon at the Monash
Gender Centre. These reviewed my condition and treatment by the Queensland Gender Centre before
accepting me for gender reassignment on August 3rd 2007.
At no time were either my wife and I advised of the draconian discriminatory State and
Federal legislation against "same sex couples" introduced into both State and Federal
Parliaments which lump transgender citizens in with lesbian and gay couples.
Neither of us is homophobic but we resent being classed and discriminated against by
inclusion under the wrong label.
We are not Lesbians nor thought of as such in our local community that understands that my
condition is both medical and mental and, after all other avenues have been exhausted, has
resulted in me becoming a woman.
The Commonwealth and State Legislatures choose not to recognise our condition and strip us of
all our human rights and equal opportunity before the law.
The Human Rights and Equal Opportunities Commission late last year identified over fifty
pieces of State and Federal Legislation against "Same Sex Couples" including
transgender couples and transgender singles.
The following are just some that impact on Transgender married couples:
- By Medicare we are now determined to be a "Same Sex Couple" and lose our
married status despite the fact we are still married;
- I cannot change the gender on my
N.S.W. Birth Certificate without
divorcing my seventy-two year old wife of thirty-eight years;
- I cannot have an Australian Passport with the corrected gender on my new Passport
unless I change the gender on my name-amended birth certificate;
- If I change my gender on my birth certificate then my wife loses her pension card as
she is then classed as a "same sex" single person! As a married couple we are
both entitled to a part-pension along with all the married pensioner discounts on
utilities travel on public transport; and
- Commonwealth Superannuation Scheme Legislation discriminates against "same sex
couples" by denying the remaining partner the same rights as heterosexual married
couples (entitlement of receiving 65% of the deceased Public Servant's Superannuation
Pension. In our case we were both Commonwealth Public Servants and both paid ten 10%
plus of our gross salary to our Superannuation scheme but under the current legislation
neither of us is entitled to 65% of our "partner's" Pension upon either's
demise.
These are a few examples which discriminate against married transgender couples which we have
come across so far.
There is no assistance given to Australian
G.I.D. and transgender citizens at
present so married couples who do not divorce are discriminated against and put under impossible
pressures.
The non-transgender wife / husband in the union is ignored and along with the
transgendered person often suicides as a result of the treatment received under legislation.
Most married transgender couples have worked, paid taxes and contributed to the prosperity of
Australia yet understanding and support by State and Federal Governments, the medical profession
and the Community is sadly lacking.
My wife and I, along with other transgender married couples and singles petition the current
Labor Federal and State Governments to rescind Coalition and State draconian and discriminatory
legislation as quickly as possible. National legislation rather than the piecemeal State and
Federal approach to address our plight would be needed to remove the legislative nightmare we
all now face.
We are Australian taxpaying citizens who deserve the same rights as other Australians. My
wife and I would appreciate a face to face meeting with you to discuss the points raised and to
appraise you of our plight.
It is totally unfair that the non-transgender member of the married couple should be
labelled as part of a "same sex couple" and stripped of all rights as a married
person! After all she / he and the partner are the victims of a medical / mental
condition over which they have no control.
Dear Kathy,
I received your email requesting approval for to use my details in your complaints
submission. My wife and I are suffering great distress to the point of depression at the
inability of State and Federal Governments and their Quangos to address jointly the plight of
transgender Australians, their families, wives husbands, etc. in legislation. It would appear
that our plight has been handballed back and forth between State and Federal Legislators with
each putting the situation in the too-hard basket.
As a married couple we resent the withdrawal and denial of our human rights and equal
treatment before the law and the denial in current legislation of our ongoing commitment to one
another by marriage vows taken in good faith by us both as man and wife.
We raised my wife's four young children (by her previous marriage) and I sublimated my
undiagnosed transgender condition to achieve a "normal" family life and comply with
all the expectations that marriage, family and society demands. Late in life when the pressures
of my condition were diagnosed and confirmed after they became unbearable, by joint agreement I
underwent G.R.S.
No-one explained the minefield of discriminatory legislation which now confronts us and
there appears to be no willingness or effort to try and rectify this situation at present
despite a number of emails to the Human Rights and Equal Opportunities Commission as the
legislation begins to be applied to us!
Always the promise of another special Review of Transgender problems but nothing ever
transpires. Our situation is very depressing and at times this pain resulted in us results in
depression and makes us ill.
Transgenderism is not a choice but a medical / mental condition which is not understood
well either by the medical fraternity or the State and Federal Governments and is therefore
swept into the too-hard basket. Married transgender couples lose all their married rights
and privileges because they have been lumped in with gays and lesbians under the label of
"same sex couples" by State and Federal Legislation. Although technically one of the
couple may have undergone gender reassignment surgery the bond, reliance, trust and support for
one another does not change and the responsibilities and commitments to one another never
changes.
Some are the same as mature heterosexual couples who do not practice conjugal bed activities
(asexual) but in all other ways they remain the same married couple. It is also unfair that the
communities in which we live and work accept our condition once it is explained to them and yet
Governments are unable to do the same in uniform National Legislation.
It is particularly hard to comprehend the often ambiguous, discriminatory legislation against
transgender citizens and their families in over fifty identified pieces of legislation by the
Human Rights and Equal Opportunities Commission in late 2007.
Such action denies transgender couples the basic rights of other married couples not
afflicted with the transgender condition.
It is high time the State and Federal Governments faced up to their joint obligations to
treat all Australian citizens equally both in legislation and before the law.
I wish you well, Kathy.
Name Withheld
Yo Whom it may concern,
I write this as a document that lays out perceived and real problems that have been caused by
my transition from Male to Female.
Background
I am married to a wonderful woman and have been for 27 years.
My transition took place in 2001-2002 and I had
S.R.S. in January 2002.
My wife stayed with me.
I have changed several but not all the documents that pertain to me including, Passport, Bank
Accounts, Name (Deed Poll), Insurance, Medicare Card, Superannuation to my female name. Those
not changed include Citizenship Papers, Council Rates and House Deeds, Birth Certificate.
Documents yet to be considered include Immigration papers and status papers.
At this juncture I would like to add that some papers I've not changed due to cost as I was
unemployed for quite a while during my transition due to difficulty with appearance
discrimination etc.
For instance I informed the Council that my rates notice should be addressed to (female name)
as I had changed my name, but they told me that I had to pay to change it - I'm not sure
how this works as I paid to change my name and am not allowed to use my old name even though
apparently they are.
Now at this point I felt justified in thinking that I might be perceived in a real fashion as
a woman by both the general population and by those who manage the duties of Government. I find
this not the case. This is how I now find the system to be.
- To the Government, I am a married person of indeterminate status unless dead in
which case I am not married and my estate may not be claimed by my wife.
- To Medicare I am a woman
- To my wife's superannuation I apparently am not a family member (particularly as it
pertains to inheritance rights).
- I am not married to my wife as I am a female, but I am not allowed a birth
certificate as a woman because I am married.
- My passport is female - though it may have male tracers on it - and I've
been informed by the issuing body that the amendments are to spare me embarrassment
while travelling and do not confer legal status.
- To the tax office I am a single woman.
- I've also been told that when it comes to be renewed, it may be renewed as a male
passport as my citizenship certificate is male (though in fact it doesn't say anything
except my old (male) name). I also can't change it because I don't have single status to
get a details certificate or a new birth certificate.
- My wife doesn't appear to have any rights as a married woman either - though
she's done nothing wrong nor has she signed anything that may abbreviate or negate any
rights as a married woman - this is an important point as is apparently
discriminates against an innocent bystander.
Now I have some questions.
- How do I restore those rights of a person who has not committed any offence nor done
anything wrong except treat a medical necessity?
- How do I restore those rights of a person married to the above?
- How do I achieve the same rights I had before in terms of marital rights of
inheritance? I didn't change anything nor sign away any of my rights as a married person
- though I now apparently have none.
Conclusion
My wife and I have both been discriminated against by Human Rights abuses, by Governments,
both State and Federal.
I have had my status removed as a person and my life disrupted by a Government that refuses
to accommodate real and difficult changes that had to occur if my life was to continue.
I seek only that to which others are entitled - the right to be me, the right to pass
on to my spouse of twenty-seven years my estate and to be recognised by my country as a
real person with an integral identity.
I hope this is not too much to ask.
Name Withheld
Dear Ms Noble,
Thank you for your email received by the Minister for Immigration and Citizenship, Mr. Chris
Evans, on 9 January 2008 concerning issues faced by transsexuals resident in Australia when
confirming their visa status and having a "Recognised Details Certificate" issued.
The Minister has asked that I reply on his behalf.
I apologise if you have been passed between officers. Your email has prompted a review of
the procedures used by staff in our
F.O.I. administration area and all
staff are now aware of the process that is required for clients with similar circumstances.
While I can confirm that your records have been amended to reflect your details in the name
of Kathy Anne Noble, for your information I will outline the process that should happen to
effect these changes. I note that you are President of Changeling Aspects so this information
may also be of use to your members.
The Freedom of Information Act 1982 (the
F.O.I. Act) provides a mechanism for
the amendment and annotation of personal records held by Commonwealth Government agencies.
Where clients consider that the Department of Immigration and Citizenship (the Department) has
recorded their details incorrectly they may request under the
F.O.I. Act that the Department amends
their details.
To seek such amendment / s of personal records as held by the Department, they will
need to complete a Form 424C (copy attached) and provide evidence of their correct details as
explained by the form.
There is no fee to lodge an amendment request.
F.O.I. Section is currently arranging
to refund the $30 application fee that you have already paid to lodge an
F.O.I. request to determine your visa
status. Once the amendment / s have been made, the next step is to apply for Certificate
of Evidence of Residency Status (C.E.R.S.). This application is made on a Form 164 (copy
attached) and has an application fee of $70.
In respect of the visa / residency status of a person after gender reassignment, it is
unlikely that their visa / residency status would change. The visa / residency held
by the client is granted because the client has met criteria associated with that visa. If the
visa holder continues to meet these requirements, their visa / residency status will not
change.
Difficulties encountered by clients who may be permanent residents, but arrived on parental
passports relate mainly to difficulties in locating the record of the original arrival in
Australia. These difficulties arise due to the age of the records. For example, the records may
not be held electronically or in some instances may have been destroyed. These difficulties,
while regrettable, are likely to be encountered by any client who arrived in Australia in the
same circumstances. I can assure you that the Department is committed to working closely with
clients in this situation to find alternative ways of establishing the information
required.
If you would like to discuss these issues further, please contact The Director,
F.O.I. Section on (02) 6223 8565, in
respect of the F.O.I. matters and your
local departmental office in respect of matters about visa status (locations of departmental
offices in Australia can be found on the
Department of Immigration &
Citizenship website 
Yours sincerely
Louise Smith
Assistant Secretary, Review Coordination Branch
Department of Immigration & Citizenship
Dear Louise,
Thank you for your letter of the 30th January 2008. I am pleased that a review of procedures
will be undertaken, as we are totally confused by all of this. I have sent off form 164 and
have received back form 283 with my amended details all as Kathy Anne Noble and back dated to
my entry as a permanent resident in Australia.
This was achieved very quickly, as I sent the application on the 8th December 2007 and
received form 283 on the 20th December 2007.
We would like some clear indication as to the procedure for people who arrived as Ten Pound
Poms and those who arrived as children on their parents' passports. This situation has already
caused one person problems, as when she went to Centrelink to change details, she was told at
first that she did not exist. As you can imagine this caused her real concern, and she had to
try to find details from her parents as to the Flight or Ship that she came out on.
We have so many documents to change, that it can be quite frightening when first
experienced. There are some that can only be altered after surgery, as well as many that can be
amended before surgery. This can prove very frustrating, especially if one is sent from one
Department to another, and many of those Departments do not pass details to other
Departments.
The U.K. system is excellent. Once they
granted my Gender Recognition Certificate, they advised all other departments, such as Birth
Registry, Pensions and Tax Office automatically.
If the same were done here, I am sure that it would be a great boon to not just us, but
government departments as well. Details would then be centralised and would lead to consistency
within these areas.
Kathy Anne Noble
Good Afternoon Kathy,
I am writing to you today on behalf of Louise Smith, Assistant Secretary, Review
Coordination at Immigration to inform you that she has passed on your email dated 5 February
2008 to the appropriate research officers for a response to be prepared. As this may take some
time due to the research involved, this email is to inform you that action is being taken and
that a response will be forthcoming.
Regards
Executive Assistant to Louise Smith
Polare is published in Australia by The Gender Centre
Inc. which is funded by the Department of Community Services under the
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