аЯрЁБс>ўџ FDўџџџGџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅС` јПЧ*bjbjЫsЫs .6ЉЉЧ"џџџџџџЄ^^^^^^^ШФєєєєŒV$(>>>>>>>езззззз$zhт*ћ^q>>qqћ^^>>ЁЁЁqR^>^>еЁqеЁЁ^^Ё> ›єЁœЦєУ^Ёе&0VЁ !v Ё ^Ё4>„Т^Ё Ll>>>ћћ— >>>VqqqqŒŒŒ„ фŒŒŒ r4І"џџџџ^^^^^^џџџџ [Name Withheld] HYPERLINK "mailto:"  [Details removed] Although this submission may appear be a little outside of your terms of reference I feel it is important to bring it to your attention and hopefully something can be done. When deciding if a relationship is same sex or not it appears to be fairly easy. You either have two males or two females. However the situation of the transsexual has not been taken into account. Federal statutes and case law do not recognise the rights of the transsexual, treating people with a penis as male and people with a vagina as female. Thus unless a transsexual female with a penis undergoes surgery to have it re constructed into a vagina, in the eyes of the Federal Government she will always be a male and vice versa. SECRETARY, DEPARTMENT OF SOCIAL SECURITY v. "SRA" No. NG745 of 1992 FED No. 869/93 Social Security (1993) 118 ALR 467 (1993) 43 FCR 299 (1993) 18 AAR 498, (1993) 31 ALD 1 On the face of it this seems a straightforward and perfectly logical way of dealing with the situation, however it has never been as simple as that and various governments around the world, particularly Europe, have or are now amending their laws to take into account the status of the pre operative or non operative transsexual. By continually ignoring the situation, Australia is not only being left behind in the human rights issues but is now causing extreme embarrassment and distress to the non or pre operative transsexual. In Re Kevin (Validity of Marriage of Transsexual) [2001] FamCA 1074 (12 October 2001) the idea of brain sex was discussed but dismissed as not enough research was available in order for it to be useful in the decision. However it cannot be ignored. Being either male or female isn’t about the genitals it is about the ID, how one perceives oneself, how one presents in society. Does a male who has a total penectomy due to cancer, suddenly become a female just because he no longer has a penis? No of course not. Does the law see him as a female? No because simply removing the penis is not enough for the law, it requires the formation of a vagina. So imagine if a male who is required to have his genitals removed due to cancer or accident had a vagina formed, would that make him a female? Under current Federal case law the answer is yes, however logically the reality must be no. Again, it is not the genitals that decide whether a person is male or female, it is the feeling of self. I am a pre op male to female transsexual 49 years old. I was born in London and my birth was registered there as being male. I came to Australia in 1982 and as I was still denying who I am I registered as male with all the usual government depts. As proof of identity I was often asked for my birth certificate and, being considered primary proof of identity, it was simply accepted without question along with other supporting documents. All was fine until eventually I could no longer deny who I am and after 6 months of hormone treatment, in July 1997 I started living as the female I am and changed all my documentation to reflect this. I had little or no trouble with most things, it was only when I had to get Commonwealth Dept’s to alter my record of gender that I met with refusal. Yes we have no problem in changing your name. Yes we will change your gender but only after you have had surgery. It was annoying but most of the time it didn’t really affect me that much. That was in 1997. However today it is a totally different story. Due to being taken to the European Court of Human Rights the British Government amended their laws which came into force last year. After fulfilling certain criteria a transsexual may now apply to have their record of birth amended to reflect their chosen or perceived gender. This applies to both pre and postoperative transsexuals. I applied late last year and in January of 2006 received a birth certificate in my new name and gender, IE [name withheld], female. I contacted Medicare by email, attached a copy of the birth certificate and requested them to amend my record to female. I received a phone call from Medicare informing me I had to take the BC to one of their offices and my record would be updated. I asked for reassurance as I didn’t want to get into an embarrassing situation and was told yes it would be changed. Of course it was not. The first thing I was asked for was a letter from a doctor saying I had had surgery. I explained that a birth certificate is primary proof of identity and they had to accept what it said. I was informed it was policy to request the doctors letter saying I had had surgery and shown the relevant section of their policy manual. I was extremely embarrassed in a small and very full office and most of the staff and customers could hear the conversation about my genital status. The situation was very humiliating. Even though I hadn’t said if I had had surgery or not, it was assumed that my reluctance to produce the requested letter meant I had not. Further emails and telephone calls to Medicare were no use and despite twice being promised that I would receive a letter explaining the situation, to date I have not received anything. I lodged a complaint with the HREOC and they have written to Medicare asking for their comments but even though the requested deadline for an answer has passed there has been no reply. It is a ridiculous state of affairs. If I had arrived in Australia armed with my current birth certificate it would simply have been accepted and originally I would have been recorded as female. If a mistake had been made in recording my gender it would simply have been corrected on production of documents, but because they know that I once had a penis or still have one, I am denied the right to have my birth certificate accepted as proof of my identity and who I am. There are several other areas where this is very serious. Immigration for instance have me recorded under a different name and male gender. If I need to prove my residency status, as I sometimes have to do with Centrelink, I am going to have to disclose that I was once male unless Immigration will update their records. However it appears that all Commonwealth depts. have this policy of requesting proof of surgery so currently I have not made enquiries. With the threat of a government photo ID card being introduced I am worried that in the future when I deal with a government dept I have to expose my genitals, figuratively speaking, to the person or persons handling my enquiry. It won’t take long before the retail industry start asking for the card as proof of identity as they do with driving licences and it will become an everyday occurrence. People treat you differently if they know you haven’t had surgery. For the post operative transsexual they tend to accept you as who you are but with a sneer. For the pre op transsexual female, as far as most are concerned you are just a man in a dress. Whilst they may not ridicule you in your presence, their attitude is reflected in how they deal with you. One of the first questions most people ask when they realise you are a transsexual is “Have you had surgery?” I didn’t used to mind saying if I had or hadn’t but the different attitudes have changed my feelings on this and so I often reply that unless you want sex with me it is none of their business. Of course most then assume I haven’t had surgery and it is noticeable in their manner. Insurance companies have different criteria for men and women. If I take out a policy and use my birth cert as POD and pay for years, will they refuse to make a payout if they discover I haven’t had surgery? Are they legally entitled to do so? In order to get married I simply have to produce my birth cert, but if I married a man and people discovered I hadn’t had surgery the marriage would classed as same sex and would be annulled. Should marriage celebrants now start conducting genital examinations? As previously stated, more and more governments around the world are accepting the medical evidence that genitals do not maketh the man or woman. They are accepting that it is a basic human right not to have to be the subject of a genital examination when dealing with either the government or other people. Some people may think that if the legislation is amended so that the same rights apply to same sex partnerships that this will cover my situation. It does not. If I have a de facto relationship with a male I don’t want it to be considered a same sex relationship. It belittles me and everything about me. I request that when considering amendments to legislation the committee takes these problems on board and some attempt is made to equalise the playing field all round and restore the dignity of the transsexual person. 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