Changeling Aspects
For Parents of Gender-Variant Young
For Parents of Gender-Variant Young
Links from Synopsis of Transsexualism
International Links from TranssexualRoadMap
GenderBridge -NZ A Great Site with a Vast Amount of Info.. See their "Resource" section.
Psychiatrists, Psychologists, Counsellors
Hair Removal & Facial Rejuvenation Etc
Queensland Police Service LGBTI Liaison
Australia's Internet Safety Advisory Body
Gender Recognition Certificate
Gender Recognition Certificate (GRC)
In Australia, if this wasn’t such a serious matter, it could be said to be laughable at the approach that is extended to it by Government Departments!
It appears that all States and Territory Governments recognise a GRC from where ever it is derived, as a full recognition after Sex Affirmation Surgery (SAS) of ones new sex, but it does not mention a Birth Certificate (BC)!
What is amazing, is that only 3 States, South Australia, Western Australia and Victoria issue a GRC to people residing there, but born abroad after SAS! The other States, NSW, Tasmania and Queensland, plus the Australian Capital Territory and the Northern Territory do not issue GRCs!
This leads to confusion as in those States and Territories that do not issue a GRC, we are not recognised by those States and Territories and therefore cannot be recognised in any State or territory in Australia unless holding a GRC from another source!
We then have to rely on receiving a GRC from our Country of Birth in order to be fully recognised in our new sex!
Add to this, that although the Federal Government of Australia does allow us to change our Passport, Citizenship Certificate and Health Insurance Commission central records, this really does not afford us full recognition, as they do not offer a GRC or an equivalent form of recognition, as this is left up to the States and Territories!
A further thought! How, or does this affect any Australian Citizen, as they receive an amended Birth Certificate (BC) after SAS, but is that full recognition of their new sex, or are they only recognised via a GRC as per the States and Territories?
In light of what has been received from the UK DCA concerning the GRC versus the BC, this would be a very interesting Exercise. Do we still accept the BC as prima facie evidence, or do we follow the UK thinking, that the GRC is the more important?
Kathy Anne Noble
18/05 2007
LETTER FROM UK DCA
Dear Kathy
Thank you for your enquiry. You asked whether the Gender Recognition Certificate was 'the Prima Facie document' needed before a new birth certificate can be issued or the acquired gender be registered with the tax and pensions authorities. In the UK, the answer is yes, in the sense that the full GRC is the fundamental evidence and the primary document issued when someone's legal gender has been changed. A new UK birth certificate can follow only when there is a UK birth register entry in respect of the person to whom the full GRC is issued.
People who apply for gender recognition in the UK on the basis of having changed gender under another country's law must send the Gender Recognition Panel evidence that they have legally changed gender under the law of an approved country or territory, of which the State of Queensland is one. The precise evidence required by the Panel is set out in the table on the GRP website. Provided this can be supplied, no medical evidence is required. Anyone unable to furnish the specified evidence would have to make an application supported by medical evidence in the usual way.
I understand that you have obtained a full Gender Recognition Certificate under the Gender Recognition Act 2004. You are therefore fully recognised as female in the UK, but, with regret, I cannot advise you as to whether the Certificate is recognised as valid in Queensland or on the State of Queensland's criteria for legal recognition. Any questions about these matters should be addressed to the State authorities.
I hope this answers your enquiry.
Yours sincerely
Janet Hawkes
Janet Hawkes
Human Rights Division
Ministry of Justice
6th floor (6.06, Post Point 5B), Selborne House,
54-60 Victoria Street, London SW1E 6QW
Tel: 020 7210 8893 Fax: 020 7210 1393
E-mail: janet.hawkes@justice.gsi.gov.uk
Commentary ( in Dark Blue )-Below by: Karen Gurney
From: Karen Gurney
Sent: Saturday, May 19, 2007 4:13 AM
To: Kathy Noble
Subject: Re: GENDER RECOGNITION CERTIFICATE
Dear Kathy
GENDER RECOGNITION CERTIFICATE (GRC)
In Australia, if this wasn’t such a serious matter, it could be said to be laughable at the approach that is extended to it by Government Departments!
It appears that all States and Territory Governments recognise a GRC from where ever it is derived, as a full recognition after Sex Affirmation Surgery (SAS) of ones new sex.
No. Some of the legislation limits recognition to certificate from those jurisdictions prescribed by the regulations. You need to look at each set of regulations to find out which countries' laws have been prescribed.
What is amazing, is that only 3 States, South Australia, Western Australia and Victoria issue a GRC to people residing there, but born abroad after SAS! The other States, NSW, Tasmania and Queensland, plus the Australian Capital Territory and the Northern Territory do not issue GRCs!
And only Victoria is open-ended in its acceptance of recognition certificates issued elsewhere.
This leads to confusion as in those States and Territories that do not issue a GRC, we are not recognised by those States and Territories and therefore cannot be recognised in any State or territory in Australia unless holding a GRC from another source!
This statement is not a correct interpretation of the position. All the States give effect to a recognition certificate from an approved source as you said in your opening paragraph. Some of the States have regulations that prescribe the jurisdictions that issue an acceptable certificate. Irrespective of this, the first and primary source of recognition is your birth certificate. If you have obtained a relevant birth certificate then you are recognised for all purposes of the law to the same extent as any other citizen. That means it would take a court to consider the individual circumstances applying and determine to change the outcome. In addition, the common law provides a very comprehensive protection for most individuals in most circumstances.
We then have to rely on receiving a GRC from our Country of Birth in order to be fully recognised in our new sex!
Primarily you should rely upon your birth certificate. If your country of birth makes no provision for either the correction of birth certificates or issue of a recognition certificate, only then must you rely upon the legislation of the State in which you reside to issue you with an appropriate certificate and give you the legal status you seek.
Add to this, that although the Federal Government of Australia does allow us to change our Passport, Citizenship Certificate and Health Insurance Commission central records, this really does not afford us full recognition, as they do not offer a GRC or an equivalent form of recognition, as this is left up to the States and Territories!
And the Commonwealth has no power to issue you with a recognition certificate because matters of birth registration and the like are matters solely within the power of the States. The Constitution gives no power to the Commonwealth to legislate in that regard... thank God! Your recognition is a matter of state prerogative and if your state gives you recognition then you are automatically recognised by the Commonwealth. That is why the APO is now insisting it will only issue a passport in the sex recorded on your birth certificate.
A further thought! How, or does this affect any Australian Citizen, as they receive an amended Birth Certificate (BC) after SAS, but is that full recognition of their new sex, or are they only recognised via a GRC as per the States and Territories?
Birth certificate is the primary source of full recognition, whether for someone born in Australia or born overseas. Because I was born in Victoria and reside there, I am entitled to a female birth certificate. I'm not entitled to a recognition certificate which is a second level document here (unlike UK which gives it paramountcy). None of the States or Territories issues a "GRC". A recognition certificate issued anywhere in Australia, like a birth certificate, deals only with the matter of sex, and not gender.
In light of what has been received from the UK DCA concerning the GRC versus the BC, this would be a very interesting Exercise. Do we still accept the BC as prima facie evidence, or do we follow the UK thinking, that the GRC is the more important?
Nothing the stupid bloody legislators do in UK changes or affects the law here. You are confusing the use of "prima facie" in their letter with the prima facie nature of a birth certificate. In the UK, the GRC constitutes the prima facie evidence needed to justify the issue of a corrected birth certificate. In any common law jurisdiction, a birth certificate is prima facie evidence of the facts stated therein and only a competent court can make a contrary determination.
kaz
LETTER FROM UK DCA
Dear Kathy
Thank you for your enquiry. You asked whether the Gender Recognition Certificate was 'the Prima Facie document' needed before a new birth certificate can be issued or the acquired gender be registered with the tax and pensions authorities. In the UK, the answer is yes, in the sense that the full GRC is the fundamental evidence and the primary document issued when someone's legal gender has been changed. A new UK birth certificate can follow only when there is a UK birth register entry in respect of the person to whom the full GRC is issued.
This is the convoluted process dreamed up by bureaucrats who now have a whole new base from which to work and expand their control. Compare it with the process in the Victorian BDM Act! The ordinary hierarchy of documents would place birth certificates first and a recognition certificate a decided second.
People who apply for gender recognition in the UK on the basis of having changed gender under another country's law must send the Gender Recognition Panel evidence that they have legally changed gender under the law of an approved country or territory, of which the State of Queensland is one. The precise evidence required by the Panel is set out in the table on the GRP website. Provided this can be supplied, no medical evidence is required. Anyone unable to furnish the specified evidence would have to make an application supported by medical evidence in the usual way.
I understand that you have obtained a full Gender Recognition Certificate under the Gender Recognition Act 2004. You are therefore fully recognised as female in the UK, but, with regret, I cannot advise you as to whether the Certificate is recognised as valid in Queensland or on the State of Queensland's criteria for legal recognition.
It's irrelevant since you have birth certificate. And the birth certificate does not (should not?) reveal your medical history to everyone that sights it.
Any questions about these matters should be addressed to the State authorities.
I hope this answers your enquiry.
Yours sincerely
Janet Hawkes
