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People born with variations in sex characteristics to gain new legal protections in Victoria

Victoria is set to become the second jurisdiction in Australia to enshrine into law safeguards for people born with variations in sex characteristics, commonly referred to as ‘intersex’.

The new Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025, introduced in the Victorian Parliament on 2 December, will prevent permanent non-consensual medical treatments that can be deferred, in order to avoid harm.

“Every person deserves the right to make decisions about their own body, with respect, dignity and safety at the heart of the care they receive,” said Health Minister Mary-Anne Thomas.

People born with variations in sex characteristics do not fit typical definitions of male or female bodies, which can include differences in their physical traits, chromosomes or hormones.

“This is an important step forward for people born with variations in sex characteristics and their families – who for too long have not had the fair and proper legal recognition of their rights,” the Minister added.

The legislation will ensure that infants and young children do not receive medical interventions that permanently alter their bodies until they are old enough to consent. Urgent treatments required to save a life or prevent serious harm will still be permitted without delay.

“No matter who you are, access to safer, dignified care is fundamental right for every Victorian – that’s why this landmark legislation is so incredibly important,” said Equality Minister Vicki Ward.

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