URGENT UPDATE: The Victorian government has just announced a groundbreaking move to ban unnecessary surgeries on intersex children, marking a historic first for Australia. This momentous legislation aims to protect intersex infants and young children from deferrable interventions that can permanently alter their bodies until they are old enough to provide informed consent.
The bill was introduced on July 25, 2023, and aligns Victoria with the Australian Capital Territory (ACT), the only jurisdiction in the country with similar protections. Health Minister Mary-Anne Thomas emphasized, “Every person deserves the right to make decisions about their own body, with respect, dignity and safety at the heart of the care they receive.”
This legislation comes as advocates declare it a “light on the hill” for intersex rights, with supporters urging other states, particularly Queensland, to follow suit. The new regulations establish that an independent expert panel will assess whether a child faces significant physical or psychological harm without a treatment and explore safer alternatives.
Under the new law, urgent treatments required to save a life or prevent serious harm will not be restricted. The Victorian government has also pledged to enhance access to information and support for parents and guardians navigating this critical issue.
Intersex individuals, like Stephanie Saal, who underwent surgery shortly after birth, highlight the lifelong consequences of these procedures. Saal, now 30 and from Logan, Queensland, stated, “Even to this day, there are still these kinds of deferrable surgeries occurring… They took away parts of me that may have allowed me to conceive.”
Advocates are pushing for all states to adopt similar measures, suggesting that the changes in Victoria could serve as a model for nationwide reform. Morgan Carpenter, executive director of Intersex Human Rights Australia, remarked, “Having Victoria follow suit is incredibly helpful. We need to have NSW follow suit as well… NSW is a laggard.”
A recent report from Equality Australia revealed concerning trends in clinical practices, noting that “cosmetic preferences” influenced decisions in 40 out of 83 cases analyzed in New South Wales and Queensland where children were too young to consent. Carpenter called for immediate action to address the lack of psychosocial support for families, stating, “Parental distress is one of the key drivers of early intervention.”
The implications of this legislation are profound, as it sets a precedent for intersex rights across Australia. As other states observe the developments in Victoria, the call for comprehensive protections for intersex children continues to grow stronger.
For support, individuals can contact Lifeline Australia at 13 11 14 or Fullstop Australia at 1800 385 578.
This is a developing story. Stay tuned for more updates as this critical issue unfolds.
