The ACT Legislative Assembly has passed a bill that prohibits unnecessary and irreversible medical procedures on intersex individuals. 

Intersex individuals are born with sex characteristics that do not conform to traditional male or female norms, such as atypical genitals, gonads, or chromosome patterns.

Intersex children have historically faced various forms of cruelty and harm due to societal pressure to conform to binary norms of male or female. This includes being subjected to unnecessary and irreversible medical interventions, such as genital surgeries and hormone treatments, without their informed consent, to “normalise” their bodies to fit societal expectations of binary gender.

The non-consensual medical interventions imposed on intersex children can lead to significant emotional and psychological distress. The forced alteration of their bodies can result in feelings of shame, confusion, and a lack of self-acceptance, causing long-term psychological harm.

The new legislation, known as the Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023, seeks to prevent non-essential treatments on intersex individuals' sex characteristics until they are of an appropriate age to participate in the decision-making process.

Emotional and proud of the groundbreaking development, ACT Chief Minister Andrew Barr expressed his gratitude for the support of fellow parliament members, saying; “I am immensely proud that the ACT is leading the nation to a better standard of care for people with variations in sex characteristics”. 

Under the new law, parents of intersex children will receive comprehensive information, advice, and psychological support. 

If parents opt for treatment, they will have two options. For routine treatments, doctors can follow general treatment plans established by a panel of experts. 

However, for more intricate cases, health professionals will assist parents in creating an individualised medical treatment plan, which will then be subject to approval by the expert panel.

Emergency medical procedures for intersex children and surgeries that do not permanently impact an individual's sex characteristics remain unaffected by this legislation. Additionally, treatments are permitted if the person possesses the capacity to provide consent.

Anna Brown, CEO of Equality Australia, said the rights of all intersex individuals should be protected in medical settings nationwide. 

“It's now time for the rest of the country to commit to protecting future generations of intersex Australians from medical procedures that can be deferred until they are old enough to decide for themselves,” she said. 

In conjunction with the law, the ACT government has appointed a dedicated care coordinator within Canberra Health Services to support doctors, intersex individuals, and their families. 

Additional resources, training materials, and community awareness initiatives are being developed to enhance healthcare providers' understanding and to ensure comprehensive care for intersex individuals.