An independent review has found that Tasmanian laws making the addition of sex on a birth certificate opt-in, and removing the requirement for sexual reassignment surgery before registering a change of gender, would not need any amendments to operate effectively.
The Tasmania Law Reform Institute review of the laws, which passed Parliament in April last year with the support of Labor, the Greens and Speaker Sue Hickey, was released on Monday.
In addition to broadly supporting the laws, the review recommended the criminalisation of medical interventions that change the sexual characteristics of a non-consenting child. It also recommended allowing intersex people to pursue compensation claims against doctors where medical interventions to alter intersex characteristics resulted in physical or mental harm.
The review was commissioned by Attorney-General Elise Archer, with the government opposing the April law changes claiming they could have unintended consequences.
The only consequences outlined in the review was if other laws, statutory requirements or grant programs included gender-specific requirements, such as quotas. However, this was considered minor, and an audit was recommended.
The amendments to the Births, Deaths and Registration Act 1999 retained the 60-day deadline for births to be registered, but extended this to 120 days if "variations of sex characteristics do not allow for an easy assignment of sex".
Even then, births must be registered as either male or female.
For birth certificates, a registered sex is only recorded if requested by the parents.
The age limit on applying for a change of gender was reduced from 18 to 16, and the requirement for sexual reassignment surgery was removed. Instead, a gender declaration must be submitted and gender may be recorded as "male, female, indeterminate, non-binary or neither entirely male nor entirely female". Children under 16 must have the consent of both parents, unless there is sole guardianship.
These tables show before and after outcomes of the laws:
The review - completed by University of Tasmania researchers - found the laws broadly adhered to international best practice.
"The TLRI is of the view that the changes achieve their objective and are largely consistent with best practice international human rights approaches and approaches being considered in other Australian jurisdictions," the report reads.
"It is the TLRI's view that the new laws do not require further amendment in order to operate effectively."
The review found there would be no implications in applying for passports, that statistical data would be more comprehensive, not less, that law enforcement would not be hindered and that the risk of fraudulent misuse of the gender registration process was "minimal".
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The TRLI recommended periodic review of policies and practices to check how the "opt-in" approach for birth certificates was operating.
Since the law changes took effect on September 5 last year, 11,621 new birth certificates were issued that include gender information, while 576 did not, representing 5 per cent.
In that time, 61 applications have been made to register gender, with 19 birth certificates to register gender as male, 35 for female and seven for non-binary.
Tasmanian LGBTIQ advocates welcomed the outcome of the review as vindication of the position of supporters throughout the legislative process.
They were also welcoming of recommendations for criminal protection from non-consensual procedures.
Equality Tasmania spokesperson Charlie Burton said it was already clear that the laws were having a positive effect on trans and gender diverse Tasmanians.
"Tasmania's world-leading reforms have been given a legal tick of approval and we urge other states to follow our lead," he said.
"Now we can move on to address other issues so that trans, gender diverse and intersex Tasmanians are free from discrimination in all aspects of life, issues like banning unnecessary surgery on intersex children and giving appropriate support to younger Tasmanians who are transitioning."
Intersex Peer Support Australia's Tasmania representative Simone-lisa Anderson said greater safeguards to protect children from "unnecessary medical interventions" were much-needed.
Tasmanian Greens leader Cassy O'Connor said the review proved the laws had a profoundly positive impact on gender diverse people without consequences.
Shadow attorney-general Ella Haddad said Labor welcomed the report.
"During the debate on these amendments, the government ran a cruel fear campaign which was unnecessary and misleading. The government must now accept the fact these simple amendments were needed, are warranted and do not create any problems," she said.
A government spokesperson said the recommendations would be considered.
"Given the manner in which these changes were made, it remains important to monitor their effect and any implications for further reform," he said.
"We note that from a preliminary reading of the final report, the TLRI has identified a number of implications for existing pieces of Tasmanian legislation that will need to be considered."