Page 2008 - Week 07 - Thursday, 13 August 2020
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The ACT Government supports the realisation of LGBTIQ+ equality as part of our broader commitment to social inclusion and equality …
While our jurisdiction has seen some significant gains, there is more work to do—particularly in addressing the needs and priorities of trans and intersex Canberrans.
In terms of the substance of Ms Lawder’s amendments and why we do not support them, the age of 12, for the purposes of creating further pathways for application to the Registrar-General, was chosen after extensive consultation with a range of advocates and experts in the field. It accords with the age at which many young people enter high school in the ACT, and we know that this is a critical transition point for the small number of young people who this legislation will support.
While 12 corresponds with the social transition to high school, it also corresponds for many young people with the onset of puberty. Literature on gender diverse young people indicates that the onset of puberty and adolescence is often a critical time when transgender young people may experience increased feelings of gender dysphoria and may be prompted to seek counselling and treatment.
The age of 12 is also particularly important as it is the age when young people are more likely to be travelling independently on public transport and will need to produce student identification. If students are not able to change their name on their photo identification, this may out them and risk exposing them to discrimination and bullying.
Another point worth adding is that the age of 12 in the bill is simply the age at which a young person may make an independent application to ACAT, not the age at which they may make this decision for themselves. It will be up to the ACAT to assess on an individual basis whether the young person has sufficient maturity and understanding to make the decision to change their registered sex or given name. We have built that into the ACAT process because, while all children and young people have evolving capacities, they do mature at different rates. We believe that the ACAT is well placed to determine the capacity of the child or young person and to consider all the circumstances.
It is also important to remember that the existing criteria for changing sex registration will continue to apply, so it will be necessary to have the support of a treating practitioner, working with the child or young person, who will need to provide evidence to the registrar. Not being able to obtain identification documents that accurately reflect their gender identity can create a range of difficulties and increase the chance of the young people being subjected to discrimination, prejudice or bullying.
This is a particular concern as, as I noted in my earlier remarks, transgender, intersex and gender diverse young people do face higher risks of depression, anxiety and other mental health issues than other young people do, and they also face greater risk of self-harm and suicide. We believe that these changes support an increased opportunity for better mental health.
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