Full Court Minute Books

Case P15/2011

AB v. State of Western Australia and Anor

AH v. State of Western Australia and Anor

Case Nos.

P15/2011; P16/2011

Case Information

Lower Court Judgment

2/09/2010 Supreme Court of Western Australia (Court of Appeal) (Martin CJ, Pullin J, Buss J)

[2010] WASCA 172


Statutes — Acts of Parliament — Interpretation — Gender reassignment — Applicants born female — Applicants gender dysphoric and diagnosed as having gender identity disorder — Applicants commenced and continue to undergo testosterone therapy, rendering each currently infertile — Applicants underwent bilateral mastectomies but not hysterectomies — Applicants have not undergone phalloplasty due to associated risks — Gender Reassignment Board refused applicants' applications for certificates recognising reassignment of their gender from female to male — Whether Gender Reassignment Act 2000 (WA) ("Act") remedial or beneficial legislation requiring liberal interpretation — Whether each applicant has "the physical characteristics by virtue of which a person is identified as male" to be determined by reference to general community standards and expectations or from perspective of reasonable member of community informed of facts and circumstances, including remedial purpose of Act — Whether decision to issue gender reassignment certificate to be made having regard solely to applicants' external physical characteristics or also by reference to applicants' internal physical characteristics — Whether female-to-male re-assignee with internal and external female genitals must undertake surgery to remove internal female genitals and construct external male genitals in order to have "the [2011] physical characteristics by virtue of which a person is identified as male" — Gender Reassignment Act 2000 (WA), ss 3, 14, 15.

Words and phrases — "the physical characteristics by virtue of which a person is identified as male", "gender characteristics", "reassignment procedure".

Short Particulars


08/04/2011 Hearing (SLA, Canberra by v/link to Perth)

20/04/2011 Notice of appeal

06/05/2011 Written submissions (Appellant - AB)

06/05/2011 Chronology (Appellant - AB)

06/05/2011 Written submissions (Appellant - AH)

06/05/2011 Chronology (Appellant - AH)

13/05/2011 Written submissions
(Australian Human Rights Commission - Seeking leave to intervene)

27/05/2011 Written submissions (First Respondents - AB)

27/05/2011 Written submissions (Respondents - AH)

16/06/2011 Reply (AB)

16/06/2011 Reply (AH)

22/06/2011 Hearing (Full Court, Canberra by video link to Perth)

06/10/2011 Judgment  (Judgment summary)