Legal Toolkit – Changing your gender on legal documents: five documents you’ve got to get right

In this toolkit…

Foreword

For transgender people in Australia, there can be a range of identity documents that you may want to change to properly reflect your preferred gender and name. On 1 July 2013 the Australian Government Guidelines on the Recognition of Sex and Gender commenced to standardise the evidence required to establish or change your sex in all personal records. All government departments and agencies are required to progressively align their existing and future business practices by 1 Just 2016.

This brochure provides a how-to guide on the current procedures to amend legal documents in Queensland when you change gender. For further information please see the accompanying report released by the LGBTI Legal Service.

This brochure applies to adults. Any person under 18 years of age wishing to amend any documents should seek legal advice.

Name change

Any person under 18 years of age may register a change of name with the Queensland Department of Births, Deaths and Marriages (BDM). Those born outside of Australia must submit evidence of having lived in Queensland for more than 12 months. If you were born or adopted in another Australian state or territory, you will need to apply for the registering authority interstate.

For those born or adopted in Queensland, you must:

  • Download, print and complete the form from the Queensland Government website;
  • Attach your certified proof of ID documents and evidence of residency if required;
  • Get an adult to witness your signature on the declaration section of the form;
  • Pay an application fee. An additional fee is charged if you need the application processed within seven days; and
  • Submit your form and documents by post or visit the Brisbane Registry at 110 George Street, Brisbane QLD 4000.

The copies of the documents you provide must be certified by a qualified Justice of the Peace or another authorised person. The Registrar-General may refuse to register a name that is obscene, offensive, too long or not in the public interest.

Driver’s licence

To change your gender on your driver’s licence, you must submit a letter on a consulting psychiatrist’s/psychologist’s official letterhead. You must also:

  • Print and complete an application form (QF4214) from the Queensland Transport website; and
  • Visit your local Transport and Main Roads customer service centre with the following: your application; evidence of identity; evidence of name change; and current licence – see accompanying report for more information.

Your new licence will be sent to you. There is no time restriction for notifying a change of gender.

Passport

Gender reassignment surgery is not a prerequisite to change the sex displayed on your passport. You must lodge an application form at an Australian Passport outlet. You must meet the usual requirements and pay the applicable fees. You must also provide one of the following:

  • Letter from a registered medical practitioner;
  • BDM revised birth certificate;
  • BDM gender recognition certificate;
  • BDM recognised details certificate; or
  • Department of Immigration and Citizenship revised citizenship certificate.

Citizenship

If you were born outside of Australia, you may want to apply for a new certificate of citizenship. You will need to complete the following forms, both of which are available from the Department of Immigration and Citizenship website:

  • Application for Evidence of Australian Citizenship (Form 119); and
  • Request for amendment or annotation to personal records (Form 424C).

You will also need to provide supporting documents, such as a change of name certificate, or evidence of gender reassignment surgery.

Birth certificate

If you have had gender reassignment surgery and your birth/adoption was registered in Queensland, you can apply to note your sex change with BDM. Your new birth certificate will show a change of sex after sexual reassignment surgery.

To amend your birth certificate go to the Queensland Government website. See the accompanying report for more information.

Download

Download this legal toolkit:  Download (PDF, 685.7 KB)

Need further help?

Australian Human Rights Commission
02 9284 9600

LGBTI Legal Service
mail@lgbtilegalservice.org

See accompanying report:
Trans* and Legal Documents by the Queensland University of Technology and the LGBTI Legal Service.

Disclaimer

This legal toolkit is not legal advice. Information contained within this document is current as at 1 October 2014.