December 28th, 2025Strengthening protections for Victorians born with variations in sex characteristics
The state government is strengthening protections for Victorians born with variations in sex characteristics, with legislation introduced into the Victorian Parliament.
Minister for Health Mary-Anne Thomas has introduced the Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025 – which will prevent permanent non-consensual treatments that can be deferred, to avoid harm for people with variations in sex characteristics.
People born with variations in sex characteristics, sometimes referred to as ‘intersex’, do not fit typical definitions or understandings of male or female bodies. This can include a person’s physical traits (such as reproductive organs), chromosomes, or hormones.
This change will give people with variations in sex characteristics agency over their own body and follows some people with variations in sex characteristics having experienced harm and trauma through inappropriate and unnecessary medical interventions.
Victoria will be the second jurisdiction in Australia to enshrine these safeguards into law.
The legislation will ensure that the most vulnerable, particularly infants and young children, do not receive medical interventions that permanently change their bodies until they are old enough to consent. Urgent treatments required to save a life or prevent serious harm will continue without delay.
Crucially, parents and guardians of children born with variations in sex characteristics will have access to more information and supports – to strengthen healthcare outcomes and support informed decision making.
This oversight will not replace parent and guardian decision making when receiving health care – their consent for treatment to proceed on their child must still be given, in line with an approved treatment plan, and will ensure they receive accurate information, treatment options and access to peer and psychosocial support.
Developed through consultation with community, clinical, legal and human rights experts the Bill supports the government’s 2021 commitment in the (i) Am Equal: Future Directions for Victoria’s Intersex Community protection system and Pride in our future: Victoria’s LGBTIQA+ strategy 2022-32.
Minister for Health Mary-Anne Thomas said every person deserved the right to make decisions about their own body, with respect, dignity and safety at the heart of the care they receive.
