Sex Files: the legal recognition of sex in documents and government records

Introduction

The sex and gender diversity project of the Australian Human Rights Commission (the Commission) focuses on the legal recognition of sex in documents and government records.

This project has its origins in the 2006-07 National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits (Same-Sex: Same Entitlements Inquiry). During the Same-Sex: Same Entitlements Inquiry, the Commission received submissions from members of the sex and gender diverse community about the discrimination they experienced.

One of the key concerns was that many people who are sex and gender diverse are not able to change the sex markers in official documents or government records.

The Same-Sex: Same Entitlements Inquiry was not able to address these concerns as they were beyond the Inquiry's terms of reference. In 2008, the Commission decided to investigate further.