AB & AH v State of Western Australia & Anor: recognition certificates for gender reassignments granted

The High Court has upheld the decision of the State Administrative Tribunal in AB v State Of Western Australia & Anor P15/2011 AH v State Of Western Australia & Anor P16/2011 [2011] HCA 42.  The High Court overturned the decision of the Court of Appeal of the Supreme Court of Western Australia and  granted gender reassignment recognition certificates to the appellants AB and AH.  

 The two appellants identify as male and applied for certificates to the Gender Reassignment Board which stated that they were male. Despite the appellants undergoing the gender reassignment procedures of a bilateral mastectomy and testosterone therapy, their application was refused because they retained female sexual reproductive organs.

The High Court however, accepted the Tribunals construction and meaning of "gender characteristics" in s 15(1)(b)(ii) of the Gender Reassignment Act 2000 (WA). The Court held that, for the purposes of the Act, the external physical characteristics by which a person is identified as male or female are socially recognisable  and do not require knowledge of a person's remnant sexual organs.

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