"i feel that the move for legislative reform should be towards the best practice possible. "
If we consider the arguments of the Yogyakarta Principles http://www.yogyakartaprinciples.org/principles_en.htm
which apply the existing principles of International Human Rights to the specific issues of sexuality and sex and gender diversity it states on the matter:
"PRINCIPAL 3 THE RIGHT TO RECOGNITION BEFORE THE LAW
Everyone has the right to recognition everywhere as a person before the law.
Persons of diverse sexual orientations and gender identities shall enjoy legal
capacity in all aspects of life. Each person’s self-defined sexual orientation and
gender identity is integral to their personality and is one of the most basic
aspects of self-determination, dignity and freedom. No one shall be forced to
undergo medical procedures, including sex reassignment surgery, sterilisation
or hormonal therapy, as a requirement for legal recognition of their gender
identity. No status, such as marriage or parenthood, may be invoked as such
to prevent the legal recognition of a person’s gender identity. No one shall be
subjected to pressure to conceal, suppress or deny their sexual orientation or
It goes on:
A. Ensure that all persons are accorded legal capacity in civil matters, without discrimination
on the basis of sexual orientation or gender identity, and the opportunity to exercise that
capacity, including equal rights to conclude contracts, and to administer, own, acquire
(including through inheritance), manage, enjoy and dispose of property;
B. Take all necessary legislative, administrative and other measures to fully respect and
legally recognise each person’s self-defined gender identity;
C. Take all necessary legislative, administrative and other measures to ensure that procedures
exist whereby all State-issued identity papers which indicate a person’s gender/sex —
including birth certificates, passports, electoral records and other documents — reflect
the person’s profound self-defined gender identity;
D. Ensure that such procedures are efficient, fair and non-discriminatory, and respect the
dignity and privacy of the person concerned;
E. Ensure that changes to identity documents will be recognised in all contexts where the
identification or disaggregation of persons by gender is required by law or policy;
F. Undertake targeted programmes to provide social support for all persons experiencing
gender transitioning or reassignment."
I think that we need to ensure that all of Australia becomes fully compliant with it's human rights obligations according to the Yogyakarta principles! Unless of course we can EXPAND on the Yogyakarta principles?