February 19, 2025 — Intersex advocates and LGBTIQ+ groups have welcomed the passing of landmark legislation in Victoria that will protect future generations of intersex children from irreversible medical procedures. 

The new law, which passed the upper house on Thursday with multipartisan support (24 votes to 15), delays deferrable medical interventions until a person is able to make the decision for themselves. 

Independent assessment panels will also oversee proposed treatment plans for children born with innate variations of their sex characteristics, with additional support for parents and clinicians. 

The reforms follow decades of advocacy by intersex people and community organisations, and build on similar protections introduced in the ACT in 2023. 

Tony Briffa, long standing intersex advocate in Victoria, Co-Chair of InterAction for Health and Human Rights and patron of Equality Australia:  

“I am incredibly proud to see Victoria take this historic step for the next generation. 

“I have carried the weight of decisions made about my body without my consent — choices that changed my life forever, and that could have waited until I was old enough to understand and speak for myself. 

“It has taken years of pain and healing to reclaim who I am, unlearn the shame and finally understand that I was always enough. 

“Our bodily differences are a natural part of human diversity. Surgical or hormonal interventions should proceed only where there is clear medical necessity — and where that need outweighs the risk of causing lifelong harm.” 

Equality Australia Legal Director Heather Corkhill: 

“Victoria has become the first state in the nation to pass landmark reforms that recognise the fundamental right of intersex people to decide what happens to their own bodies. 

“For far too long, intersex people have lived with the lifelong consequences of medical interventions that were not medically necessary — procedures that often cause irreversible physical and psychological harm. 

“They have faced discrimination, stigma and pathologisation, been stripped of their autonomy and denied basic human rights. 

“These reforms introduce vital safeguards to ensure intersex children are not subjected to medical procedures that can be safely deferred, protecting their right to make deeply personal decisions about their own bodies when they are ready and able to do so.” 

Sean Mulcahy, from the Victorian Pride Lobby: 

“These reforms ensure that medical interventions for people with natural variations in sex characteristics are aligned with human rights standards. They give individuals the ability to make decisions about their own bodies on their own terms, at a time that is right for them. 

“We hope other jurisdictions will follow Victoria’s lead, adopting similar reforms to protect bodily autonomy and create consistent protections across the country.” 

Dr Morgan Carpenter, bioethicist and Executive Director of Intersex Human Rights Australia (IHRA): 

“It is such a powerful moment for the bill to pass with such broad support. Thank you to the members of the Legislative Council, and thank you to the Victorian government for bringing the bill before parliament in an election year.  

“This shows that intersex issues need not be controversial, and need not imply a loss of political capital.  

“It is time for other jurisdictions to introduce and enact the same protections.” 

Background: 

People with intersex traits differ from medical and social norms for male and female bodies including differences in anatomy, reproductive organs or hormonal and chromosomal patterns. 

At least 40 known variations occur across approximately 1.7 per cent of the population. 

Intersex children often undergo medical procedures before reaching the age of consent that can have long-term consequences, including:  

• Loss of sexual function and sensation   

• Loss of fertility   

• Urinary tract issues, including incontinence   

• A need for ongoing medical treatment/repeat surgeries   

• Incorrect gender assignment   

• Loss of autonomy and loss of choice  

• Negative self-image.  

The Victorian Bill includes: 

• Restrictions on any permanent or hard-to-reverse medical treatments altering the sex characteristics of intersex children or adults unable to give informed consent, in both public and private settings.  

• The creation of an independent expert panel made up of people with lived experience and experts across medicine, human rights, ethics, mental health and law, to oversee medical treatment plans for intersex children and others who don’t have capacity to consent.  

• Treatment can only be approved if the person faces significant physical or psychological harm without it, and no safer, effective alternative exists.   

• Urgent, medically necessary care to protect life, health, or prevent serious pain or distress would continue without delay.  

• Patients and their families will be supported with consistent, clear information about the relevant intersex variation, proposed treatments, risks and benefits and alternatives, including deferring or not intervening at all.   

• Parents will continue to consent to medically necessary treatment on their child’s behalf, and clinicians will continue to lead medical care, supported by clearer safeguards and processes.  

Media contact: Tara Ravens (0408 898 154)