Gender X Proof of Identity policy

The Australian Government recognises that some people may identify with a gender other than the sex they were assigned at birth or infancy. There are Government wide guidelines, which direct that this recognition should be reflected in individuals’ personal records held by Australian Government departments. These guidelines are referred to as the Gender X policy and specify that clients must be able to update or amend their gender on their personal records help by the Government, and that they should have the option to identify with a third, non-binary gender, Gender X.

Gender incongruence affects only two percent of the population and proof is required if a client wishes to correct or amend a previously indicated sex and/or gender, or where it is necessary to verify a person’s sex and/or gender to determine eligibility for a service or entitlement.

The following documents are considered to be sufficient evidence of a person’s sex and/or gender:

1. 1. • a statement from a Registered Medical Practitioner or a Registered Psychologist;
      • a valid Australian Government travel document, such as a Valid Passport, which specifies their preferred gender; or
      • a State or Territory birth certificate, which specifies their preferred gender. A State or Territory Gender Recognition Certificate or recognised details certificate showing a State or Territory Registrar of Birth Deaths and Marriages has accepted a change in sex will also be seen as sufficient evidence.

Claimants are required to provide one or more of the documents considered sufficient evidence of sex and/or gender to record their gender as X or amend their gender on personal records held by the Department.

The standard of proof for this is ‘reasonable satisfaction’. Where conflicting information has been provided, delegates have a legislative right to make further enquiries until they are satisfied with respect to all matters of a claim. However, a beneficial approach should be taken when assessing request to change gender or identify as Gender X. Where it is reasonable to find, on the basis of the evidence provided, that the person identifies with the gender they claim to, this should be accepted as sufficient proof of their sex/gender.

Where delegates are unsure how to apply the standard of proof requirements or any other requirements under the Gender X policy, they should contact Policy Support Branch, who will provide advice based on guidance from the AGD.