LGBTIQA+ Changing Gender

To legally change your gender in WA, you must apply to the Gender Reassignment Board (the Board) for a gender recognition certificate. Before you can apply to the Board, you will need to have undergone a ‘reassignment procedure’ and meet other eligibility criteria. The eligibility criteria differ depending on whether you are an adult or are under 18, and are explained below.

This page has information that may help you if you are gender diverse and want to know how to legally change your gender in Western Australia or have questions about your health rights.

Are there laws about legally changing your gender in WA?

Yes. The Gender Reassignment Act 2000 (WA) sets out how you can legally change your gender in WA. Legally changing your gender means:

you will be officially recognised as your reassigned gender in all matters in Western Australia,
you will be protected against discrimination on the basis of your gender history under state (WA) discrimination law, and
you can ask the Registrar of Births, Deaths and Marriages for a Birth Certificate recognising your reassigned gender.

What is a ‘reassignment procedure’?

The High Court of Australia has previously said that a person does not need to surgically change all of their gender characteristics to be recognised as having had a ‘reassignment procedure’. However, they must have altered their gender characteristics sufficiently through either a medical or surgical procedure so that they can be socially identified as their preferred gender. It is important to get legal advice, as what is legally considered a ‘reassignment procedure’ is complex and may be decided by the exact circumstances of your situation.

Eligibility to apply if you are an adult

If you are 18 or older, you can apply directly to the Board for a gender recognition certificate. To be able to apply, you must have undergone a ‘reassignment procedure’ and:

your ‘reassignment procedure’ was carried out in WA
you were born in WA, or
you live in WA and have lived in WA for at least 12 months.

To be successful with your application, the Board will then need to be satisfied of all three of the following criteria:

you believe your true gender is the gender to which you have been reassigned
you have adopted the lifestyle and the gender characteristics of a person of the gender to which you have been reassigned, and
you have received proper counselling about your gender identity.

Eligibility to apply if you are under 18

If you are under 18 years old, you cannot apply directly to the Board for a gender recognition certificate. Your parents or guardians must make the application for you and there are strict rules about this. You might need to get legal advice if your parents or guardians are unwilling (or unable) to make the application for you.

For your parents or guardians to be able to apply, you must have undergone a ‘reassignment procedure’ and:

your ‘reassignment procedure’ was carried out in WA
you were born in WA, or
you live in WA and have lived in WA for at least 12 months.

To be successful with the application, the Board must then be satisfied that it is in your best interests for a gender recognition certificate to be issued.

What information needs to be given with an application?

To apply for a gender recognition certificate, you will need to pay the application fee (currently $40) and provide the following documents to the Board:

a completed application form (available from the Board's website)
a letter from the medical practitioner who performed or supervised your ‘reassignment procedure’,
a letter from any other medical practitioner who has been involved with your ‘reassignment procedure’
a letter from a psychiatrist, psychologist or other recognised counsellor confirming you have had counselling on your reassignment
letters of support from friends, family or colleagues stating that you are now recognised as female or male in your daily life.
your birth certificate or extract of entry of birth
any documents relating to any change of name you have had
photo identification, and
if you were not born in WA, documents confirming you have been a resident here for at least 12 months.

What if the Board rejects my application?

You may be able to appeal the decision. You should get legal advice as soon as possible because there are deadlines (time limits) for appealing the Board’s decision. More information about how to apply for a gender recognition certificate and what happens next is available from the Gender Reassignment Board website.

Useful documents

LGBTIQA+ Changing Gender Factsheet

More information

Gender Reassignment Board website

Reviewed: 4 March 2021