News has emerged that the government is stalling on some key legislative reforms that affect our communities. Rainbow Futures WA (RFWA) has been working hard to advocate for urgent legislative reform, alongside securing a Rainbow Portfolio from the government to better protect our futures.
Like many of you, we have been frustrated by the lack of action from the government. But with the Parade (that the Premier and Attorney General are believed to be attending) rapidly approaching, there are opportunities for us all to work together to push for the outcomes we deserve.
The current position for legislation
Surrogacy and ART
Being led by Gay Dads WA, these reforms will primarily make altruistic surrogacy available to all people, not just women. The new laws will also update the language to inclusive terms, remove donor process requirements for people egg and embryo sharing, allow a greater coverage of costs by the family to the surrogate and allow advertising of surrogacy services. This bill looks promising to go ahead in early 2024.
Birth certificate and gender recognition reform
In consultation with the community, RFWA, TransFolk of WA and gender recognition activists developed a proposal for reform that calls for: scrapping the Gender Reassignment Board (GRB), shifting the focus from medical to self-identification, increasing gender options, and simplifying the administrative process to change your birth certificate. All indicators suggest this legislation should go ahead in this term, however we do not have detail on some key elements like age of consent and options at birth. This reform is also entangled in the changes to the Equal Opportunity Act (EOA). In order for this reform to go ahead, the relevant part of the EOA may need to be separated out.
RFWA, in collaboration with TransFolk of WA, Equality Australia and a group of gender recognition activists launched the Gender Recognition Now campaign with a stall at Pride Fair Day on Sunday 12 November. We are calling on people to contact the Premier and Attorney General to share their stories and outline why gender recognition and birth certificate reform needs to happen in WA as a matter of urgency. Please take part so we can keep the pressure on the Government.
Image description: Advocates Nat, Remus/Laura, Nova, Stevie and Dani standing at the Gender Recognition Now stall at Fairday. They stall has trans flag bunting and they are all wearing shirts that say ‘gender recognition now’
Equal Opportunity Act (EOA)
The Attorney General promised that an update to the EOA would be introduced in 2023. At the recent Labor conference, a motion to reform the act in this term passed unopposed. However reports have recently emerged that the government is stalling. The bill is large and impacts many people, but most notably for our communities, delay allows continued LGBTQA+ discrimination in religious schools and organisations. It also prevents trans and gender diverse people from being legally recognised for who they are.
If the government fails to put the bill up in 2023, they will likely push it until the next term of government in fear of it becoming an election issue, harnessed by the hard-right to steer votes away from Labor. This is unacceptable, and we will take further action in collaboration with Pride WA if there are no updates during Pride month.
Intersex surgeries and interventions without personal informed consent
This work is being led by intersex people from Intersex Human Rights Australia (IHRA) and Intersex Peer Support Australia (IPSA). The intersex community calls for the end of deferrable surgeries and interventions on intersex babies and children, and the criminalisation of medical professionals who continue to inflict them without personal informed consent. The health minister has yet to meet with intersex advocates and has been dismissive of the need for reform in this and the previous government. The medical lobby remains powerful and in control of the narrative, but the ACT has recently become the first state/territory to pass legislation banning these interventions.
Conversion practices
Conversion practices are still legal in WA, but a recent inquiry led to a commitment from the McGowan government to end them. Survivors and Ending Conversion Practices WA are working with the government on the legislation changes. They do not want the legislation to go ahead if it does not include a civil scheme, and also want to ensure support services are in place, so are not advocating for improperly rushing the legislation through.
Rainbow Portfolio
RFWA put a proposal to the government for a Rainbow Portfolio that would see a minister take responsibility for a whole-of- government approach to issues affecting the WA LGBTIQA+ community, with an associated office. The main aim of the Rainbow Portfolio would be accountability and consultation on legislation and policy issues that affect us. This resulted in an invitation to meet with Premier Roger Cook. which happened last month. More information can be found here. We are in discussion with the government about how to progress this.
We have also requested funding of $1 million for community controlled WA service organisations. We believe the government is planning to make an announcement on these proposals during Pride Month.