The Australian Capital Territory (ACT) has taken a significant step in protecting the rights and autonomy of intersex individuals with the introduction of new legislation. The proposed laws aim to ban unnecessary and irreversible medical procedures on intersex people’s sex characteristics until they are old enough to take part in the decision. Intersex individuals are born with sex characteristics that differ from male or female norms, and some are insufficiently involved in permanent decisions about their bodies. Children often undergo irreversible medical procedures when they are too young to consent, which has led to significant harm and a breach of their rights.
In an emotional speech in the Legislative Assembly, Chief Minister Andrew Barr acknowledged the harm inflicted on intersex people, stating that the proposed changes have been too long in the making. He pledged to offer a “new approach” to work with each individual to ensure that they are respected, celebrated, and given the opportunity to make their own decisions about their bodies. If the ACT legislation is passed, it will stop deferrable treatments on intersex people’s sex characteristics until they are old enough to make an informed decision.
The proposed ACT laws will not ban emergency medical procedures for intersex children, nor surgery that does not permanently affect a person’s sex characteristics. The legislation would also allow treatments if the person has the capacity to consent to them. The ACT is one of the few places in the world to consider such laws, and the Chief Minister hopes that other jurisdictions are watching closely. He believes that the ACT legislation is a “template for national reform” and a significant step towards preventing past harms.
The proposed legislation has been welcomed by intersex advocates, who have long campaigned for greater autonomy and decision-making power over their bodies. Mimi Hall, an intersex individual who watched the Chief Minister introduce the bill, described the day as a “momentous day” for the intersex community. Ms. Hall’s mother, Sian Morgan Hall, also welcomed the proposed law, stating that it was crucial for intersex people and their families.
In 2021, the Victorian government commissioned Equality Australia to develop proposed legal changes similar to the ACT’s legislation. The organisation conducted the largest-ever consultation of intersex people, their families, and clinicians, with the aim of providing greater transparency over decision-making. The proposed ACT laws include a two-year review period to ensure that the laws are working as intended. The ACT opposition has yet to indicate whether it will support the legislation. However, the legislation is a significant step towards protecting the rights and autonomy of intersex individuals, and it is hoped that other jurisdictions will follow suit.