Abstract
Developments in Australian law over the last 40 years have allowed transgender persons a greater level of autonomy when it comes to establishing their legal gender. The shift in some jurisdictions from employing a strict biologically-based test for determining gender identity to adopting a multifactorial approach based on a broad range of relevant factors has enabled a greater number of individuals to gain legal recognition of their preferred gender. This article traces the development of a gender identification test at common law. It explores Australian federal and state legislative schemes and draws attention to the inconsistencies between jurisdictions. It also highlights the impact that these statutory variations may have upon transgender individuals. Parts I, II and III discuss the current approach to regulating gender identity at common law and via legislation. Part IV discusses the impact of these laws on transgender people and highlights the need for all Australian jurisdictions to adopt a uniform approach to gender identification.
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