Victorian Parliament passes intersex medical intervention reform

The Victorian Parliament has passed laws banning unnecessary medical interventions on children born with variations in sex characteristics.

The Bill passed with multipartisan support (24 votes to 15).

The Legislative Council debated the Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025 today after it passed in the Lower House earlier this month.

The Bill prohibits deferrable medical interventions until a child can decide for themselves that they want that, introducing independent oversight of proposed treatment plans.

Independent assessment panels will also oversee proposed treatment plans for children born with innate variations of their sex characteristics, with additional support for parents and clinicians.

The passing of today’s bill reflects decades of tireless advocacy by intersex people and community organisations, building on similar protections introduced in the ACT in 2023.

Long-standing intersex advocate and Co-Chair of InterAction for Health and Human Rights, Tony Briffa, shared that when the bill was passed.

“I felt a decades-long weight lift from my shoulders, knowing that what was done to me will never happen to another child in Victoria.”

‘It has taken years of pain and healing to reclaim who I am’

Tony was the first openly intersex public office bearer worldwide, serving as Deputy Mayor of the City of Hobsons Bay in Victoria three times and Mayor twice.

Born with Partial Androgen Insensitivity Syndrome (PAIS), Tony was born with physical attributes of both sexes. Raised as a female, they were not told the truth until later in life.

While on the council, Tony Briffa appeared on 60 Minutes and shared their intersex status with the nation, and has continued to advocate for the rights of intersex people since then.

“I am incredibly proud to see Victoria take this historic step for the next generation.” Tony said.

“I have carried the weight of decisions made about my body without my consent — choices that changed my life forever, and that could have waited until I was old enough to understand and speak for myself.

“It has taken years of pain and healing to reclaim who I am, unlearn the shame and finally understand that I was always enough.

“Our bodily differences are a natural part of human diversity. Surgical or hormonal interventions should proceed only where there is clear medical necessity — and where that need outweighs the risk of causing lifelong harm.”

“For 25 years, I have worked to ensure that what happened to me does not happen to another child. Today, we celebrate meaningful progress.”

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‘It is such a powerful moment for the bill to pass with such broad support’

Intersex people are born with innate variations of sex characteristics that don’t fit medical norms for female or male bodies.

As the intersex community has grown more visible, we have learned how common unnecessary and irreversible surgeries are to individuals, especially those who are too young to consent.

Intersex children often undergo medical procedures before reaching the age of consent that can have long-term consequences, including:

Loss of sexual function and sensation

Loss of fertility

Urinary tract issues, including incontinence

A need for ongoing medical treatment/repeat surgeries

Incorrect gender assignment

Loss of autonomy and loss of choice
Negative self-image.

“It is such a powerful moment for the bill to pass with such broad support,” said Dr Morgan Carpenter, bioethicist and Executive Director of Intersex Human Rights Australia (IHRA).

“Thank you to the members of the Legislative Council, and thank you to the Victorian government for bringing the bill before parliament in an election year. “

“This shows that intersex issues need not be controversial, and need not imply a loss of political capital. It is time for other jurisdictions to introduce and enact the same protections.”

It is believed that about 1.7 per cent of the population is born with an intersex trait. There are at least 40 known intersex variations.

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‘We hope other jurisdictions will follow Victoria’s lead’

“Victoria has become the first state in the nation to pass landmark reforms that recognise the fundamental right of intersex people to decide what happens to their own bodies,” said Equality Australia Legal Director Heather Corkhill.

“For far too long, intersex people have lived with the lifelong consequences of medical interventions that were not medically necessary — procedures that often cause irreversible physical and psychological harm.”

“They have faced discrimination, stigma and pathologisation, been stripped of their autonomy and denied basic human rights.

“These reforms introduce vital safeguards to ensure intersex children are not subjected to medical procedures that can be safely deferred, protecting their right to make deeply personal decisions about their own bodies when they are ready and able to do so.”

Equality Australia will continue pushing for every state and territory to follow Victoria and the ACT, so that every intersex child in Australia has a say over what happens to their own body and their parents get the support they deserve.

“We hope other jurisdictions will follow Victoria’s lead, adopting similar reforms to protect bodily autonomy and create consistent protections across the country,” said Sean Mulcahy, from the Victorian Pride Lobby.

“These reforms ensure that medical interventions for people with natural variations in sex characteristics are aligned with human rights standards.”

“They give individuals the ability to make decisions about their own bodies on their own terms, at a time that is right for them.

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The Victorian Bill includes:

Restrictions on any permanent or hard-to-reverse medical treatments altering the sex characteristics of intersex children or adults unable to give informed consent, in both public and private settings.

The creation of an independent expert panel made up of people with lived experience and experts across medicine, human rights, ethics, mental health and law, to oversee medical treatment plans for intersex children and others who don’t have capacity to consent.

Treatment can only be approved if the person faces significant physical or psychological harm without it, and no safer, effective alternative exists.

Urgent, medically necessary care to protect life, health, or prevent serious pain or distress would continue without delay.

Patients and their families will be supported with consistent, clear information about the relevant intersex variation, proposed treatments, risks and benefits and alternatives, including deferring or not intervening at all.

Parents will continue to consent to medically necessary treatment on their child’s behalf, and clinicians will continue to lead medical care, supported by clearer safeguards and processes.