Your rights as an LGBTIQA+ South Australian

Part 3 of the Equal Opportunity Act 1984 (SA) makes it illegal to discriminate on the basis of sex, gender identity, sexual orientation or intersex status in the following areas:

Hate crimes

A hate crime is a crime that is motivated by bias or hatred against you because of who you are.

If you're a target of hate crime, we encourage you to:

• talk about it with someone you trust, for example a friend or family member
• find support to help you process what happened
•  make a report, for example to SA Police, eSafety Commissioner, Australian Human Rights Commission.

In November 2021, SA Parliament made changes to the Sentencing Act 2017 (SA) that require Courts to consider whether hate or prejudice towards a person or group of persons was a motivating factor in a crime and add prejudice-motivated conduct as a sentencing factor.

This provides protection for people who experience hate crimes on the basis of race, religion, sex, sexual orientation, gender identity or age, or people having an intersex variation or a particular disability.

Vilification

Vilification means to incite hatred, revulsion, serious contempt or severe ridicule of a person or group of people.

LGBTIQA+ South Australians have no protection from vilification on the basis of sex, gender identity, sexual orientation or intersex status.

LGBTIQA+ students and young people deserve to learn in supportive and welcoming educational settings where they feel safe, seen and heard.

The Department for Education requires schools to:

• provide a safe, supportive and inclusive environment, free from discrimination, bullying and harassment regardless of intersex status, sexual orientation, gender identity or gender expression
• ensure staff have an understanding of gender diversity, intersex and sexual diversity
• promoting inclusive practices to ensure that children and young people who may experience marginalisation feel safe and supported
• having an anti-bullying policy that addresses bullying that may particularly affect children and young people who may be marginalised on the basis of gender and sexual diversity
• ensuring that gender diversity, intersex and sexual diversity are addressed in the implementation of the Keeping Safe: Child Protection Curriculum, the Australian Student Wellbeing Framework and the Australian Curriculum.
• supporting children and young people, staff and families to access information and resources on gender diversity, intersex and sexual diversity
• support gender diverse and intersex children and young people to safely affirm their gender identity within their education environment.

For more information see the Department's Supporting gender diverse, intersex and sexually diverse children and young people policy

Gender diversity

The Department for Education requires schools to support gender diverse students to:

• use a chosen name and pronouns at school
• use toilet and changeroom facilities that match their gender identity
• express their gender through their school uniform
• feel included in excursions, camps and overnight stays
• participate in physical education and sport in a way that aligns with their gender.

For more information see the Department's procedure on supporting young people to affirm their gender identity.

For more information about your legal rights at school as a trans or gender diverse young person, check out this resource from Justice Connect.

If you need help telling your teacher about your name and/ or gender change, check out TransHealth SA's template letter here.

Adults

Trans Health SA hosts the SA Practitioners’ List a list of trans friendly health practitioners in South Australia.

The site also features resources for the community to seek support and social engagement.

Trans Health SA is a resource operated for and by trans and gender diverse South Australians. Check out their resources on:

• Coping with stress
• Trans and gender diverse language guide
• Buying a chest binder
• Top surgery - Questions to ask your surgeon
• Top surgery - Planning for costs
• Telling a teacher your name and pronouns
• What trans people want you to know

Children and young people

Children and young people can access the Women's and Children's Hospital Gender Diversity Services for support to medically affirm their gender.

The Service provides support to improve the health, wellbeing and function of gender diverse South Australian children and young people, including:

• ongoing mental health support
• psychiatry assessment and opinion for medical management
• medical management for young people following a referral from a gender-trained specialist psychiatry opinion
• specialised fertility support
• treatment administration for young people seeking puberty suppression and gender affirming hormones.

You don’t need to legally change your name to use a different name from the one on your ID or the first name you were given, or to use a nickname, and to request others to use it.

You can legally change the name and/or gender recorded on your birth certificate with Consumer and Business Services (CBS).

You'll need to complete some forms, attach your ID and evidence and pay a fee. It currently costs $327 to change both your name and gender.

To change your gender you'll also need to show you've had a clinical treatment provided by an Australian medical practitioner or psychologist. If the clinical treatment is counselling only, it must be either:

• 3 separate counselling sessions of at least 135 minutes
• counselling sessions occurring over at least 6 months.

If you're aged under 18:

• your parents must apply to change your name, except in certain circumstances
• the South Australian Civil & Administrative Tribunal (SACAT) must approve you making the application.

You can apply to record a change of sex or gender identity here.

You can apply to record a change of name here.

If you need help telling your teacher about your name and/ or gender change, check out TransHealth SA's template letter here.

Homosexuality was once considered a crime in South Australia. We know now that it never should have been.

Historical homosexual criminal will likely appear on a persons's police record which can create challenges for people who have them, for example when seeking employment.

There's a legal process to remove historical homosexual convictions from your police record. Find out more from Attorney-General's Department SA.

If you need help to apply to spend a historical homosexual conviction, contact the Legal Services Commission or a community legal centre.

In 2017 a range of laws changed to improve parenting rights of same-sex couples in South Australia.

South Australian same-sex couples can now:

• adopt a child
• access assisted reproductive treatments, for example IVF
• access altruistic surrogacy.

Find more information about fertility services in South Australia here.

Find more information about adoption services in South Australia here.

All children and young people have a right to explore and express their gender identity and sexual orientation. This includes children and young people in care.

Department for Child Protection have resources for carers to support LGBTIQ+ children and young people in care here.