Protecting the rights of people with variations in sex characteristics

Summary

Sex characteristics are physical traits including chromosomes, genitals, hormones, reproductive anatomy, and secondary features that develop at puberty. Not everyone is born with sex characteristics that fit medical norms for female or male bodies. Variations in sex characteristics can be determined at birth, during adolescence or later in life. People born with innate variations in sex characteristics are sometimes also called intersex.

People with variations in sex characteristics may face stigma and discrimination. Some may need medical treatment, but unnecessary medical interventions – often based on stereotypical views of what female and male bodies should look like – cause harm, ignoring the diversity that exists beyond the binaries.

Call for protections from harm

In 2017, the Australian and Aotearoa/New Zealand intersex organisations and advocates issued the Darlington Consensus Statement on Intersex Human Rights. The Australian Human Rights Commission also conducted an inquiry into protecting the human rights of people born with variations in sex characteristics in the context of medical interventions.

Protections in the ACT law

As a part of the Capital of Equality Strategy 2019-2023, the ACT Government introduced a law to protect the rights and choices of people with variations in sex characteristics.

The Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023 sets rules for making medical decisions for people with variations in sex characteristics who cannot decide for themselves.

This includes:

• children who cannot make medical decisions
• adults under guardianship orders.

The law aims to protect people from being harmed by inappropriate medical treatments and to support them to make their own decisions about medical treatments.

These rules are about treatments which cannot be reversed. The law allows permanent treatments only if they meet specific criteria. A treatment plan must be approved by the Variations in Sex Characteristics Restricted Medical Treatment Assessment Board (the Board) before any permanent treatment can be performed.

The law came into effect on 23 December 2023 but was notified on 23 June 2023.

Protecting the rights of people with variations in sex characteristics provides information for parents, guardians and medical professionals about this law. If you have medical treatment inquires, email vsctru@act.gov.au.

Additional supports

To ensure more impact of this reform, the ACT Government invested in the following activities:

• community education and awareness campaigns
• better peer support services for people with variations in sex characteristics
• establishment and operation of the Board
• establishment of the Variations in Sex Characteristics Psychosocial Service
• training programs for health professionals.

Evidence gathered during the development of this law

The ACT Government worked in partnership with people with variations in sex characteristics, human rights organisations, and healthcare professionals to develop this law.

This page includes evidence that informed the law. It can be used by other policy makers in improving protections for people with variations in sex characteristics.

If you have questions about how the law was developed, email intersex@act.gov.au.

General treatment plan

A general treatment plan is a medical plan made for a group of people who share similar health needs. For example, it might be for people who have a certain difference in their sex characteristics, or for those who are going to receive a specific type of restricted medical treatment.

Even though the plan is not made for one person, each individual still needs to be involved in decisions about their own healthcare.

There was a public consultation about using oestrogen treatment for people with Turner Syndrome. This consultation started on 27 June 2025 and ended on 30 August 2025.

Check downloads to download a copy of the submissions we received.

Downloads