Who is a recognised transgender person?
Under NSW anti-discrimination law, you are a recognised transgender person if ONE of the following applies to you:
you have a new birth certificate issued by the NSW Births, Deaths and Marriages Registry that states the gender you identify with; or
you have an amended birth certificate or an equivalent document known as an “interstate recognition certificate” issued by another Australian State or other Australian jurisdiction.
You can only get a new birth certificate in NSW if ALL of the following apply to you:
your birth was originally registered in NSW;
you are over 18 (or your parent or guardian agrees if you are under 18 );
you have had sex reassignment (gender affirmation) surgery — any surgical alteration to your reproductive organs such as your womb or genital area; and
you are not currently married.
What are my rights as a recognised transgender person?
If you are a recognised transgender person, you are legally recognised as your reassigned sex under NSW laws. If you are a female to male transgender person, people must treat you as man. If you are a male to female transgender person, people must treat you as a woman.
For example, if you are a male to female recognised transgender person, you generally have the right to be considered for a job that is for women only, and to receive a service for women only, for example to attend a women- only gym. (Women-only jobs and services may be allowed in specific circumstances under anti-discrimination law.)
You also have the right to be treated in the same way that all other women are treated. You must not be treated differently or unfairly just because you are transgender.
Back to contents
What are my rights if I am not a recognised transgender person?
If you are not a recognised transgender person, you can’t legally force people to treat you as your preferred gender, but they must still treat you fairly.
For example, if you were born male but your identified gender is female, you generally can’t force an employer to give you a job that is for women only. And you may not be able to insist on receiving a service aimed at women only (for example a women’s refuge or a women-only gym).
However, in general, where services and jobs are open to both genders, you must not be treated differently or unfairly just because you’re transgender.
Back to contents