Released 08/06/2023
The nation-leading Variations in Sex Characteristics (Restricted Medical Treatment) Bill 2023, to protect the rights and choices of people with variations in sex characteristics in medical settings, passed in the ACT Legislative Assembly today.
This legislation represents the first time an Australian government has acted to meet the recommendations of multiple international human rights bodies in relation to intersex human rights.
For people who have variations in sex characteristics, this Bill will uphold their ability to make their own decisions about non-essential medical treatments that affect their bodies, once they have capacity to do so.
It is a further example of ACT Government leadership in human rights.
The legislation is only one part of significant reform in this area, with the Government investing in new services including the establishment of a Variation in Sex Characteristics Psychosocial Support Unit at the Canberra Hospital with specialist staff to support intersex people and their families and training packages and resources to support health professionals providing these services.
Work is already underway to establish a new statutory oversight scheme and supports for parents and families of intersex children to navigate decisions and treatment pathways for their child.
This legislation enables the ACT Government to fulfil a key commitment in the implementation of the Capital of Equality Strategy and the reforms demonstrate the Government’s commitment to making Canberra the most inclusive and welcoming city in Australia.
Quote attributable to Chief Minister, Andrew Barr
This is an internationally significant reform in protecting the rights and choices of people with variations in sex characteristics and I am proud that the ACT is leading the nation to a better standard of care for people with variations in sex characteristics. I hope other jurisdictions will look at this legislation and follow a similar path.
Today we have shown that we care about the autonomy, consent and safety of intersex people. This is a law to support Canberrans, but we hope its impact leads to changes elsewhere in how intersex people are treated in medical settings and society more broadly.
Quote attributable to Minister for Health, Rachel Stephen-Smith
Deferrable and unnecessary medical interventions performed on children with variations in sex characteristics can result in poor health outcomes that effect the person for the rest of their life. This can include pain, trauma and a need for ongoing medical treatment that would not have otherwise been required.
The Government is taking a number of steps, both in the legislation and in the broader reform process, to make sure our workforce is supported and clinicians have the tools they need to continue their care for people with variations in sex characteristics.
This legislation creates an additional layer of safeguarding to ensure that, where treatments can safely be deferred, this is done. Most importantly, it will give people with variations in sex characteristics more say in their own medical treatment.
Quote attributable to Minster for Human Rights, Tara Cheyne
This is the first time an Australian government has acted to meet the recommendations of multiple international human rights bodies in relation to intersex human rights.
It is an example of how the ACT provides leadership in human rights. I hope that other jurisdictions will follow the lead we are offering, so that these protections are extended to intersex people across Australia.
- Statement ends -
Andrew Barr, MLA | Media Releases