Monday, 17 March 2008

Focus on transgender rights 2: Anti-discrimination exemption against pre-op transgenders

In Hanover Welfare Services Ltd (Anti Discrimination Exemption), The Victorian Civil and Administrative Tribunal held that it was appropriate to discriminate in part:

"where appropriate, in the best interests of the women accommodated at either of the facilities mentioned ............., to refuse to provide accommodation there to a person who identifies as a male-to-female transsexual or transgender person unless and until that person provides to the Applicant a medical certificate certifying that that person has had gender reassignment surgery

The Tribunal went on to say:

"Hanover does not consider that this would mean that such a certificate would be required from all transgender people who require such accommodation. It would only be required in a relatively few cases. Even if such accommodation was refused because a person did not provide the required medical certificate, Hanover says that it will provide them with alternative accommodation, either in one of its services or by arrangement with another welfare provider. If such a person was to access any other women’s services provided by Hanover, that person would be accommodated as a woman, if that were what that person wished. No medical evidence would be required."

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