Under 18’s rights

Trans young people – those who are under the age of 18 – may have different or additional rights and restrictions to trans adults. This includes not having the same freedom to make decisions under the law. 

Legislation affecting trans young people varies between each state and territory, so view the most relevant information for you below.

Remember, there are always ways to affirm your gender and stay safe. Your identity is real and valid, and you are loved. 

These pages provide guidance and information for trans young people navigating their: 

  • Legal rights while participating in school and sport,
  • Access to medical treatments (including hormone therapy and surgeries).

Please note: if you are under 18 and interested in changing your name or gender marker, check out the dedicated pages. 

Acknowledgements

This page was created with input from trans writers across each state and territory, and developed in collaboration with Northern Territory AIDS and Hepatitis Council (NTAHC), SHINE SA, Transgender Victoria (TGV), A Gender Agenda, TransFolk of WA, Queensland Council for LGBTI Health (QC), and Working It Out Tasmania (WIC).  

Your rights at school

As a trans student in Australia, you have the same rights and protections under the law which are afforded to all students. The Sex Discrimination Act 1984 is a law that protects students from unfair treatment in schools across Australia.  

Schools have a legal duty of care to protect students from risks of harm (that the school should be able to anticipate) and to do what is reasonable to ensure you are safe at school, so that you feel safe and protected when you are attending school.   

The wording and scope of these anti-discrimination protections vary depending on where you live: 

  • Tasmania, Victoria, Queensland, South Australia, Northern Territory and the Australian Capital Territory protect against discrimination based on “gender identity.” 
  • Western Australia only protects a “gender re-assigned person,” which is someone who has been issued a recognition certificate under the Gender Reassignment Act 2000 or an equivalent certificate.  
  • New South Wales and Queensland specifically protect “transgender” people 
  • ACT and NSW have additional protections for “recognised transgender” (NSW) and “altered sex” (ACT) individuals who have legally or medically affirmed their gender. 

There are some exceptions. In many parts of Australia, except in Tasmania, it is still legal for private and religious schools to hire or fire teachers based on their faith, gender or sexuality, which means they might not employ LGBTIQA+ teachers or accept students who are openly trans either.  

What Does “Gender Identity” Mean in These Laws?

Generally, protections for “gender identity” apply to anyone who is trans or gender diverse, even if they have had no medical or legal affirmation. It is a broad definition which respects the diversity of trans experiences and spectrum of ways that we challenge traditional gender norms, outside of medical or legal pathways. 

School Policies

For some states and territories have developed guidelines or policies which specify protections and procedures when it comes to trans and gender diverse students. 

  • Australian Capital Territory (ACT): The ACT Safe and Supportive School Policy states that Canberra public schools are committed to providing environments where students feel connected and respected. This includes active support and celebration of diversity including sex, gender identity, and sexual orientation. 
  • New South Wales (NSW): The NSW Department of Education states that “a student who has identified as transgender enjoys the same legal rights or protections afforded to all students under the duty of care, education and work health and safety laws. Additional protections apply to such students under discrimination law.”   
  • South Australia (SA): The Department of Education says that schools are responsible for creating safe, inclusive, and affirming education environments for transgender and gender diverse students. They have also released specific guidelines for schools to follow when supporting students who are transgender or gender diverse.  
  • Victoria (VIC): The VIC Department of Education and Training has an LGBTIQA+ Student Support Policy which says that all schools and education providers must offer a positive, respectful and supportive environment. 

Simply going to school can be daunting as a trans person. So, for more information about your rights at school (including how this relates to private and religious schools) visit our page on schools. 

Your rights in sport

No matter who you are or what your gender is, every person has the right to physical activity. As Sport Australia writes: 

“All Australians should have the opportunity to be involved in sport and physical activity, regardless of their gender, sexual orientation, ability, cultural background or ethnicity.” – Sport Australia – Trans and Gender Diverse Inclusion¹ 

Playing for the club or team of your gender or choice depends on several criteria around legal gender markers and how inclusive the club or team are. It’s worth having a parent, guardian, or trusted adult get in touch with a team to ask about their policies and how they support trans and gender diverse young people already, including if there are any trans people already part of the organisation or group. 

Some clubs may seek a permanent exemption from anti-discrimination legislation to not allow trans people whose gender is not legally recognised to compete. It is important to note that this exemption does not apply to children who are younger than 12. 

Medical consent, competence, & privacy

There are three legally defined developmental stages for a young person’s ability to consent to medical care.  

  • Young children, who are unable to consent 
  • Young people who are under 16, but Gillick Competent 
  • Young people who are between 16 and 18, who are able to consent as an adult 

Gillick Competence

Gillick Competence is a legal state where a person under 16 years old is considered to have “the degree of maturity and intelligence needed” to consent to a treatment². It changes depending on the nature of the medical decision, e.g. A different level of competence would be needed for having a small cut dressed compared to being prescribed a contraceptive medication. 

Being assessed as Gillick Competent can take some time, and it’s a process doctors need to take very seriously. Parents generally hold responsibility for their children until the age of 18, however children gain the ability to independently consent gradually depending on Gillick Competence. This is individualised and determined on a case-by-case basis i.e. there is no hard and fast rule on what reaching competence looks like. It’s not quite as simple as one day someone being not Gillick Competent, and the next day they are.  

“Where a child is considered Gillick Competent then the consent is as effective as that of an adult and cannot be overruled by a parent.” – Griffith R, Human Vaccines & Immunotherapeutics Journal²

Medical privacy 

It makes sense that you may want to see your doctor about medical affirmation without your carers, or guardians knowing. It’s also reasonable to expect and hope for some level of medical confidentiality, this is not guaranteed in all cases though. 

In many cases, doctors can sensitively meet their obligations in relation to disclosing information (for example in cases of risk or immediate harm), while also working with you to minimise the risk of those around you finding out that you are trans before you are ready to share. 

If you are concerned about your confidentiality, discuss this with your doctor before you disclose to them so you can make an informed decision. 

For more information, Slater Gordon Lawyers have a great post about understanding medical confidentiality. 

Accessing hormones

“Ideally, the decision regarding timing of hormone commencement should be individualised to provide best care for the adolescent …The decision should be shared between the clinicians, the adolescent and their family with the values and belief systems of all contributors being respectfully considered.” – Australian Standards of Care and Treatment Guidelines for trans and gender diverse children and adolescents 

In Australia, any person over the age of 18 years is deemed competent to make decisions about their own medical treatment, but it’s slightly different for people under 18.  

A Family Court of Australia ruling (Re Kelvin, 2017) overturned an existing law that required all young people and their parents/carers to go to Court to commence gender affirming hormones prior to age 18. This ruling was further clarified in the judgement of Re Imogen 20204 to mean that gender affirming treatment can be commenced in Australia with people under 18 only when there is no dispute between parents (or those with parental responsibility), the medical practitioner and the young person themselves with regard to:  

  • The Gillick competence of an adolescent; or  
  • A diagnosis of gender dysphoria; or  
  • Proposed treatment for gender dysphoria  

Any dispute requires a mandatory application to the Family Court of Australia as per the judgement of Re Imogen 2020.  

Medical practitioners seeing patients under the age of 18 are unable to initiate puberty blockers or gender affirming hormonal treatment without first ascertaining whether or not a child’s parents or legal guardians consent to the proposed treatment. If there is a dispute about consent or treatment, a doctor should not administer puberty blockers (“Stage 1”), hormones (“Stage 2”) or surgical intervention (“Stage 3”) without court authorisation.  

For trans people under 18 whose parents, carers or guardians will not consent to starting hormones, the Family Court must be involved. Unfortunately, in many cases where parents, carers or guardians do not consent, this may result in a trans person simply waiting until they are 18 to access puberty blockers and hormones, or seeking to access them outside of medical care and oversight. 

Puberty  suppression  may  continue  for  a  few  years,  at  which  time  a  decision  is  made  to  either discontinue  all  hormone  therapy  or  transition  to  a  feminizing/masculinizing  hormone  regimen. Pubertal suppression does not inevitably lead to social transition or to [medical affirmation]. – WPATH 

AusPATH, the RACP, the RACGP, and the Australian Endocrine Society all endorse access to puberty suppression/blockers for trans young people and adolescents. 

“Increasing evidence demonstrates that with supportive, gender affirming care during childhood and adolescence, harms can be ameliorated and mental health and wellbeing outcomes can be significantly improved.”- Australian Standards of Care and Treatment Guidelines for trans and gender diverse children and adolescents 

For more information about starting hormones, visit this page. 

For trans people under 18 whose parents, carers or guardians will not consent to starting hormones, the Family Court must be involved.  

Accessing surgeries

Generally, gender affirming surgeries are not available to people under the age of 18. 

Support options by State and Territory

New South Wales (NSW):

It is recommended that you contact the Inner City Legal Centre (ICLC) for further legal advice as they offer a NSW-wide free legal service for trans and gender diverse people. 

Queensland (QLD):

Check out Caxton Legal Centre Inc, Justice Connect and LGBTI Legal Service for further legal information regarding consent and the medical treatment of children. 

Please note: Under a Health Service Directive (HSD) issued by the Director-General Queensland Health on 28 January 2025, no new public patients under 18 years can be prescribed Stage 1 (puberty blockers) or Stage 2 (gender-affirming hormones) treatment for gender dysphoria.   

You can read more about this change and efforts to support trans youth in Queensland through AusPATH’s Project 491 initiative. 

Tasmania (TAS):

In Tasmania, you can access legal advice through TAS Community Legal Centres, including TAS Legal Aid who offer a state-wide free legal service for those on lower incomes.  

Options for gender affirming care for under 18s in Tasmania are as follows: 

The Tasmanian Gender Service (TGS)- The Royal Hobart Hospital  

What 
The TGS offers a team-based approach involving care from specialists in many disciplines, such as, paediatricians, fertility specialists, paediatric endocrinologists and psychiatrists. 
Who For 
Young people aged 16 years and under. This service is best for those needing puberty blockers (started prior to the start of puberty). As this service is currently the only place to access puberty blockers in Tasmania, those that urgently need puberty blockers are prioritised. The service will see individuals who are post puberty but there can be very significant wait times. If you are 17 or older see the Sexual Health Clinic section below for further information. 
Cost 
Public service, no fees apply.
How 
See your GP for a referral to this service.
Info Go to the Tasmanian Gender Service | Tasmanian Department of Health website for further info. 

Trans Health Services via Sexual Health Clinics for those aged 17+ 

What The TAS Sexual Health Clinics offer a multidisciplinary service of GPs and mental health practitioners providing gender affirming medical care in a framework as per the Australian Standards of Care for those aged 17 years and over. 
Cost Public service, no fees apply 
How See your GP for a referral to this service 
Info Clinic 60 – Hobart 
Clinic 34 – Launceston  
Clinic 23 – Devonport  

GP-coordinated collaborative care  

What Multidisciplinary team-based gender affirming care coordinated by your GP with referrals to specialist practitioners. 
Who For Pre-puberty:  help coordinating your care with the Tasmanian Gender Service and multidisciplinary team. Puberty to under 17 years:  your gender journey with consideration of coordinated care with the Tasmanian Gender Service and/or other multidisciplinary team members. 17+: informed consent model of care with BOTH parents consenting and involvement of a multidisciplinary team. 18+: informed consent model of care and involvement of a multidisciplinary team. 
Cost Fees will typically apply for appointments with GPs and other care team members unless bulk billed. 
How Discuss with your GP if they can support this coordinated gender affirming care for you. 

These team-based approaches all involve multiple appointments to ensure a comprehensive assessment to develop the most appropriate treatment plan for you.  

Steps include, but are not limited to: 

  • Psychological evaluation to ensure you have the capacity to provide consent to treatment. 
  • Educating you and your parents about the risks, benefits and side effects of any proposed treatment. 
  • Discussion of the effects of gender affirming hormonal treatment on fertility and the options for fertility preservation with the option of referral to see a fertility specialist.  

Note: When you turn 18, the courts no longer require that you have the consent of your parents. Options for care are the same as above EXCEPT the Tasmanian Gender Service is ONLY for those younger than 17 years. The Sexual Health Services follow a team-based approach for adults (sexual health physician + mental health specialist). 

Victoria (VIC):

It is recommended that you contact Q+Law or Victorian Equal Opportunity and Human Rights Commission as they both offer state-wide free legal advice and an entry point to further legal support if needed.   

Western Australia (WA):

For free legal advice, you can get in contact with Legal Aid WA. This service is available state-wide, through phone contact. They have resources on their website with more legal information regarding LGBTQIA+ communities and healthcare for young people.   

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