Zoe Belle Gender Centre Q&A - Recent questions and answers in Legal & Anti-Discrimination

Answered: help thru being treated like i have no rights

Wed, 15 May 2013 04:33:09 +0000

I officially have my name changed because of the red tape Melissa has helped work thru and suggest that anyone wanting to do a name change reads Melissa's information carefully, it took 2 months and head and heart break getting knocked back for every little thing i did, we have won this battle together with Sarahjayne, The miles we did, the up and downs, and the stress has been so difficult, I thank both for being supportive and caring and holding me up on the lengthy journey, I now start my next page, changing my documents legally in every manner thus is a full month ahead, then next after that is my sessions with Dr P for my SRS Letter to get my Surgery needed to accept myself fully this i have to have done.

I have no suiicide thoughts to many around took that path, my flat mates sister who's room i have now also took her life only months ago FtM i leave her photo's on the wall to remind me, and keep an eye on me, and we secretly talk that i'm there to watch over her sister in next room and my other flat mate crippled with spinal disease all so young girls, late twenty's I feel sad that i never got to meet my flat mates sister but i'm sure she is also looking over us.

Thankyou and if i am ever concerned in my health i always seems ask the right people the right questions and follow up my own health its a big world but can be cruel as well as kind.

Love

Miss Miffy

Answered: Why do I need to be spayed like an animal to get my birth certificate to reflect my gender at the age of 53

Fri, 05 Apr 2013 03:27:15 +0000

The question is a political one not a medical one. Other countries, most recently Argentina have massively more civilized procedures to allow people to have their legal gender coincide with their identified and lived gender without the non Medicare funded surgical requirements that apply in Australia.

http://iglhrc.wordpress.com/2012/05/13/argentina-has-passed-the-most-progressive-gender-identity-legislation-in-existence-how-did-it-happen/

As a overt political plug I would suggest that the only political party that seriously addresses the needs of gender varian people in Australia is the Greens.

http://greens.org.au/policies/care-for-people/sexuality-and-gender-identity

Answered: Enforcing one’s preferred title (Mr/Ms/Miss/Mrs/Dr)

Tue, 02 Apr 2013 23:29:06 +0000

Unfortunately social titles like Mr, Miss... have no legal status. They are courtesy titles only. I don't know about where you live but it isn't illegal to use a common title of the opposite sex here in GB. I have notified several organisations telling them that my title is now Miss without any trouble. I haven't applied for a passport though.

Answered: Working with Children Check

Thu, 21 Feb 2013 00:30:17 +0000

I wonder if putting the natal gender for a trans person would be seen as discriminatory? If a trans woman is forced because of prior legal documents there would, rightly, be an uproar.

Putting natal gender for a genderqueer person is similarly uncomfortable, unfair and inaccurate.

This is something the whole community should, rightly, get behind...

A bit of an issue

Thu, 21 Feb 2013 00:29:35 +0000

Answered: Using 'Mr' as title when applying for name change in Victoria

Tue, 15 Jan 2013 09:09:51 +0000

I am a trans woman.

I ticked ‘Miss’.

For sex, I ignored the boxes and wrote ‘male-to-female transsexual’ in that section.

I got my name-change certificate today. It has no title on it anyway. It says ‘Sex: Male’, which looks rather bizarre under the name ‘Amy’, but never mind.

My application was processed quite quickly when I submitted it with a stat dec that eloquently explained the great problems a male name was causing me, now that I pass.

Answered: Just wondering if anyone knows the legal ramifications of me putting "Dr" as my title?

Tue, 20 Nov 2012 03:30:08 +0000

Fraud in Australia means deception with the intention of ripping someone off. Deception without the possibility of gaining from it is not fraud. It is not generally illegal to tell little fibs, as long as youre not committing fraud, perjury, defamation, deceptive advertising, etc.

You are not likely to get in any legal trouble for calling yourself Dr Smith or whatever as long as you:

- Do not pretend to be a medical doctor, and

- Do not lie about it in a job interview or other situation in which it would obviously change someone's decision on whether to do business with you.

There is absolutely zero chance of your company getting in legal trouble over this.

Answered: Does anyone know if a Recognised Details Certificate is enough to change your name?

Mon, 29 Oct 2012 07:55:33 +0000

I was born in Australia and my birth certificate doesn't list my previous name either - it just says on the back "History Certificate" - "Previously registered in another name". My understanding is that not specifying the actual previous name is a measure to protect the privacy of the holder of the birth certificate. (I know that 99 times out of 100, I personally wouldn't want my previous name on my birth certificate.)

I remember when I was applying to get a passport. The passports office needed to have proof that my birth certificate was really mine and so they called the Registry of Births, Deaths, and Marriages. The person they spoke to refused to tell them my previous name - once again to protect my privacy. But I provided permission for the registry to tell them my previous name and everything was fine from here. So I reckon you'll ultimately be OK. You might have a tricky time with the passports people but my own experience with the ATO was that it was very easy to change my name and title. I don't remember them needing proof of my previous name.

Best of luck!

Answered: FTM birth certificates

Wed, 10 Oct 2012 04:15:36 +0000

i come from NSW & i was able to change my BIrth Cert after i had hysto surgery as that is considered sex affirmation surgery because you are removing your female sex organs.

Toby2s

Answered: Government is BIG BROTHER watching us because of the Carbon Tax

Wed, 22 Aug 2012 06:42:55 +0000

The Social Security Act , Part 5 Information Management section195

195 Obtaining information to verify claims etc.

(1) The Secretary may require a person to give information about a class of persons to the Department for any or all of the following purposes:

(a) to detect cases in which amounts of social security payment under the social security law have been paid when they should not have been paid;

(b) to detect cases in which concession cards have been granted to persons to whom they should not have been granted;

(c) to verify the qualification of persons who have made claims for social security payments under the social security law for those payments;

(ca) to facilitate the administration of Part 3B;

(cb) to facilitate the administration of Part 3C (schooling requirements);

(d) to verify the eligibility of persons who have applied for financial supplement.

(2) The information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information):

(a) full name and any previous name;

(b) address;

(d) marital status;

(e) date of birth;

The Government is now using the online forms more so it is not possible to skip this question as the online form requires an answer to each question

Answered: Why does the Scouts membership form M/F question say, "as specified on birth certificate". Why? WTF?

Tue, 03 Jul 2012 13:24:48 +0000

Can TGV also pick up why it's around ~$10 to get reandron when M on birthcert but if F, it's ~$150?

I'm not within TGV or a member...haven't known about them. But it's good there is an advocacy group, I think people taking leadership should get more outraged because without implying urgency a lot of people in power don't take you seriously quickly enough. People are too 'nice'/plesant instead of confronting and factual...and then we are left behind, gov only started caring about the same sex attracted community and funding their health initiatives when HIV wasn't an issue just affecting them anymore. Trans issues need the numbers and unles people can see the emotional effects as to why we need this attention...then enough people are going to continue not to pay us attention. But if people are really listening to trans people advocating, they deserve more calmness because they are more likely acknowleging way's we are marginalised and stuff

Answered: What relationship to my sons do I put on forms?

Mon, 23 Apr 2012 01:23:24 +0000

Increasingly there are same sex couples who use parent, in this day and age a school should cater for this in forms by allowing the term parent rather than mother or father.

Schools need to establish who is the legal guardian that is the usual reason for asking this question.

For example if a child gets sick at school or they need consent for an excursion.

Answered: Change of name fears

Fri, 20 Jan 2012 02:50:14 +0000

To Q&A site visitors:

Below is a response from a lawyer in our networks, based on further information provided by the asker of this question via email.

"The Births, Deaths & Marriages Registration Act provides:

24 Change of name by registration

A person's name may be changed by registration of the change under this Part.

25 Application to register change of adult's name

(1) An adult person—

(a) who is domiciled or ordinarily resident in the State; or

(b) whose birth is registered in the State—

may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's name.

(2) An application for registration of a change of name must be accompanied by the prescribed fee.

And:

28 Registration of change of name

(1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar's satisfaction—

(a) the identity and age of the person whose name is to be changed; and

(b) that the change of name is not sought for a fraudulent or other improper purpose…

Hence the Registry asking about the default of debt to satisfy s28(1)(b) above.

In my view, you must disclose the existence of the debt to avoid an allegation of perjury. However, you should take with you to the Registry any documents you have from bank or counsellor or otherwise that show your incapacity to pay and the non-pursuit of the debt by the lender. As you are on Centrelink benefits, my understanding is that you cannot be pursued in bankruptcy proceedings but your financial counsellor would advise you further on this.

You should also take your pension card and any letters you have from your doctor, psychiatrist or the Gender Dysphoria Clinic (Monash) attesting to your diagnosis of GID and stating your need to be identified as female. If you have employed your female name in common usage (repute), you are also legally entitled to be recognised by that name.

30 Change of name may still be established by repute or usage

This Part does not prevent a change of name by repute or usage.

If you can demonstrate that this is the case by producing letters, accounts, utility contracts in this name, take them with you as well.

The people at the Registry are generally well briefed and able to deal with your issue sensitively. If you have any issues, let the Q&A site administrator know and the details will be considered.

Good luck."

Answered: Am I able to get married in Melbourne after I have completed and received my recognised details certificate? Thank you!

Wed, 11 Jan 2012 11:48:42 +0000

As long as it's isn't a same sex relationship after you change sex, you can get married because gay marriage isn't legalised

Answered: Legal & Medical Support in Sydney - URGENT

Wed, 12 Oct 2011 13:30:34 +0000

Welcome to the ZBGC Questions and Answers website. We're sorry to hear of this stressful situation you are going through.

So are you looking for transgender-friendly solicitors and psychiatrists? If so, we suggest that you contact The Gender Centre in Sydney for referrals.

In terms of referrals specifically for solicitors, you could ask the Law Society of New South Wales if they know of any solicitors who would be suitable.

We wish you the very best of luck in dealing with this tough situation.