High Court of Australia

AB v Western Australia [2011] HCA 42

AH v Western Australia

244 CLR 390; 84 ALJR 1233

6 Oct 2011

Case Number: P15/2011 P16/2011


French CJ, Gummow, Hayne, Kiefel, Bell JJ


Statutes – Construction - Gender reassignment - Applications for recognition certificates as males - Reassignment procedures undertaken to alter genitals and gender characteristics - Appellants adopted lifestyle and have physical appearance of males - Retain some female sexual organs - Whether requirement that person have "the physical characteristics by virtue of which a person is identified as male or female" met - Whether adverse social consequences or community standards and expectations permissible considerations.

Words and phrases – "gender", "gender characteristics", "physical characteristics by virtue of which a person is identified", "reassignment procedure", "recognition certificate", "transsexual".

Gender Reassignment Act 2000 (WA) – ss 14(1), 15(1).


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