{"id":"a-2023-23","name":"Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023","slug":"variation-in-sex-characteristics-restricted-medical-treatment-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"23 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24435,"registerId":"act-a-2023-23-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nVariation in Sex Characteristics\n(Restricted Medical Treatment) Act 2023\nA2023-23\nRepublication No 4\nEffective: 23 December 2024\nRepublication date: 23 December 2024\nLast amendment made by A2024-51\n(republication for commenced provisions)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Variation in Sex Characteristics (Restricted Medical Treatment)\nAct 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 23 December 2024. It also includes any commencement, amendment,\nrepeal or expiry affecting this republished law to 23 December 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nVariation in Sex Characteristics\n(Restricted Medical Treatment) Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Object and important concepts\n6 Object of Act 4\n7 Meaning of variation in sex characteristics 4\n8 Meaning of restricted medical treatment 5\n9 Meaning of prescribed person 5\n\nContents\nPage\ncontents 2 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Assessment of treatment plans\nDivision 3.1 Applying for approval of treatment plans\n10 Requirement for treatment plans to be approved 6\n11 Application for approval of treatment plan 6\nDivision 3.2 Assessment of treatment plans\n12 Assessment committee 8\n13 Assessment criteria—general and individual treatment plans 8\n14 Assessment of significant harm—children 9\n15 Assessment of significant harm—adult subject to guardianship order 9\n16 Assessment criteria—individual treatment plans 10\n17 Ministerial guidelines 11\n18 Operation of assessment committee 12\n19 Request for more information 13\n20 Applicant to be given any other information obtained by committee 13\nDivision 3.3 Assessment of general treatment plans\n21 Public consultation 14\n22 Public consultation submissions 15\n23 Deciding the application—general treatment plan 16\nDivision 3.4 General treatment plans—other matters\n24 Review of approved general treatment plan 17\n25 Expiry of approved general treatment plan 18\nDivision 3.5 Assessment of individual treatment plans\n26 Deciding the application—individual treatment plan 19\nPart 4 Offences\n27 Offence—undertaking restricted medical treatment without approval 21\n28 Offence—arrange or authorise unapproved restricted medical\ntreatment 22\nPart 5 Restricted Medical Treatment Assessment\nBoard\n29 Establishment of Restricted Medical Treatment Assessment Board 24\n30 Functions of assessment board 24\n\nContents\nPage\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Membership of assessment board 24\n32 Ending appointments 25\n33 Arrangements for staff and facilities 26\n34 Consultants for assessment committees 26\nPart 6 Notification and review of decisions\n35 Definitions—pt 6 27\n36 Internal review notices 28\n37 Application for internal review 28\n38 Appointment of internal review committee 29\n39 Decision of internal review committee 29\n40 Reviewable decision notices 30\n41 Application for ACAT review 30\n42 Review by ACAT 30\nPart 7 Miscellaneous\n43 Reporting treatment in relation to sex characteristics 31\n44 Assessment board annual report 32\n45 Restricted medical treatment records 33\n46 Regulation-making power 34\n47 Review of Act 35\nPart 9 Transitional\n49 Meaning of commencement day—pt 9 36\n50 Prescribed people who received prior treatment 36\n51 Expiry—pt 9 36\nDictionary 37\nEndnotes\n1 About the endnotes 39\n2 Abbreviation key 39\n3 Legislation history 40\n\nContents\nPage\ncontents 4 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 41\n5 Earlier republications 42\n\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nVariation in Sex Characteristics\n(Restricted Medical Treatment) Act 2023\nAn Act to protect rights of people with a variation in sex characteristics in relation\nto certain medical treatment, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘internal review notice—see the\nACT Civil and Administrative Tribunal Act 2008, section 67B (1).’ means\nthat the term ‘internal review notice’ is defined in that section and the\ndefinition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n\nPreliminary Part 1\nSection 5\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Object and important concepts\nSection 6\npage 4 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Object and important concepts\n6 Object of Act\nThe object of this Act is to protect rights and ensure the wellbeing of\npeople with a variation in sex characteristics in relation to restricted\nmedical treatment.\n7 Meaning of variation in sex characteristics\n(1) In this Act:\nvariation in sex characteristics—\n(a) means a congenital condition that involves atypical sex\ncharacteristics; and\n(b) includes a condition prescribed by regulation; but\n(c) does not include a condition prescribed by regulation not to be a\nvariation in sex characteristics.\n(2) In this section:\nsex characteristics—\n(a) means a person’s chromosomal, gonadal or anatomical sex; and\n(b) includes—\n(i) the person’s hormones that are related to sex; and\n(ii) the sexual and reproductive parts of the person’s anatomy;\nand\n(iii) the person’s secondary physical features emerging as a\nresult of puberty.\n\nObject and important concepts Part 2\nSection 8\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Meaning of restricted medical treatment\n(1) In this Act:\nrestricted medical treatment, in relation to a person who has a\nvariation in sex characteristics, means the following:\n(a) a surgical or medical procedure or treatment (including the\nprescription or administration of a drug) that permanently\nchanges the person’s sex characteristics, or which makes\nchanges to the person’s sex characteristics that are only\nreversible with a further medical procedure or treatment;\n(b) a prescribed surgical or medical procedure or treatment\n(including the prescription or administration of a drug) that\ntemporarily changes the person’s sex characteristics.\n(2) However, restricted medical treatment does not include circumcision\nof the penis.\n(3) In this section:\nsex characteristics—see section 7 (2).\n9 Meaning of prescribed person\nIn this Act:\nprescribed person, in relation to restricted medical treatment, means\na person who—\n(a) has a variation in sex characteristics; and\n(b) either—\n(i) is an adult subject to a guardianship order that applies to\nthe medical treatment; or\n(ii) is a child who does not have decision-making capacity in\nrelation to the medical treatment.\n\nPart 3 Assessment of treatment plans\nDivision 3.1 Applying for approval of treatment plans\nSection 10\npage 6 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Assessment of treatment plans\nDivision 3.1 Applying for approval of treatment\nplans\n10 Requirement for treatment plans to be approved\n(1) A person may only undertake restricted medical treatment on a\nprescribed person in accordance with an approved treatment plan and\nany condition applying to the plan.\nNote 1 It is an offence under pt 4 to undertake restricted medical treatment on a\nprescribed person other than in accordance with an approved treatment\nplan.\nNote 2 If the prescribed person is an adult and the restricted medical treatment is\na prescribed medical procedure under the Guardianship and\nManagement of Property Act 1991, consent to the treatment from the\nACAT is also required (see that Act, s 70).\n(2) Subsection (1) does not apply to urgent restricted medical treatment.\n11 Application for approval of treatment plan\n(1) A person may apply to the assessment board for approval of a\ntreatment plan for—\n(a) a class of prescribed people (a general treatment plan); or\n(b) an individual prescribed person (an individual treatment plan).\n(2) A person may only apply for approval of a treatment plan if—\n(a) for a general treatment plan—they are a person declared by the\nMinister; or\n(b) for an individual treatment plan—they are—\n(i) a decision-maker for the prescribed person; or\n\nAssessment of treatment plans Part 3\nApplying for approval of treatment plans Division 3.1\nSection 11\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) a health practitioner for the prescribed person; or\n(iii) a person prescribed by regulation.\n(3) The application must—\n(a) state the name and contact details of the applicant; and\n(b) include the proposed treatment plan; and\n(c) set out the reasons why the treatment plan is proposed, including\nevidence addressing the assessment criteria mentioned in—\n(i) section 13; and\n(ii) for an individual treatment plan—section 16; and\n(d) for an individual treatment plan—\n(i) state the prescribed person’s name and age; and\n(ii) state the name and contact details for each decision-maker\nfor the prescribed person; and\n(iii) include a summary of any previous treatment, including\nrestricted medical treatment, the person has received in\nrelation to their variation in sex characteristics; and\n(e) anything else prescribed by regulation.\n(4) The president must give a copy of the application to the public\nadvocate.\n(5) A declaration by the Minister under subsection (2) (a) is a\ndisallowable instrument.\n\nPart 3 Assessment of treatment plans\nDivision 3.2 Assessment of treatment plans\nSection 12\npage 8 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Assessment of treatment plans\n12 Assessment committee\n(1) As soon as practicable, and not more than 14 days after receiving an\napplication, the president must appoint 1 assessment board member\nfrom each category mentioned in section 31 (1) (b) to a committee\n(an assessment committee) to decide the application.\n(2) The president may appoint themselves to the committee for the\ncategory mentioned in section 31 (1) (b) (i).\n(3) A regulation may prescribe requirements about the appointment of\nassessment board members to an assessment committee.\n13 Assessment criteria—general and individual treatment\nplans\n(1) An assessment committee may only approve a proposed treatment\nplan if there is sufficient evidence that—\n(a) the prescribed people to whom the plan applies would be\nreasonably likely to suffer significant physical or psychological\nharm (the primary harm) if the proposed treatment or an\nalternative treatment option were not undertaken; and\n(b) alternative treatment options have been sufficiently considered;\nand\n(c) the proposed treatment is no more restrictive of the ability to\nmake a decision about a prescribed person’s sex characteristics\nin the future than any alternative treatment option.\n(2) For this section, an alternative treatment option to a proposed\ntreatment is a medical or non-medical treatment or procedure,\nincluding delayed treatment or procedure, which, taking into account\nthe primary harm and any associated harm of the proposed and\nalternative treatment options, is as effective as the proposed\ntreatment.\n\nAssessment of treatment plans Part 3\nAssessment of treatment plans Division 3.2\nSection 14\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nassociated harm, of a treatment of a prescribed person, means any\nphysical or psychological harm that the prescribed person would be\nreasonably likely to suffer if the treatment were undertaken.\nExamples\n1 physical side effects\n2 psychological harm to the prescribed person because they are required to be\naway from family for extended periods to have the treatment\nsex characteristics—see section 7 (2).\n14 Assessment of significant harm—children\nFor section 13 (1) (a), in considering if it is reasonably likely that a\nprescribed person who is a child would suffer significant harm if the\nproposed treatment or an alternative treatment option were not\nundertaken, the assessment committee—\n(a) for an individual treatment plan—must consider any wishes the\nchild has communicated in relation to their variation in sex\ncharacteristics; and\n(b) must disregard any evidence that the treatment needs to be\nundertaken to reduce discrimination or stigmatisation or a\nperceived risk of discrimination or stigmatisation.\n15 Assessment of significant harm—adult subject to\nguardianship order\nFor section 13 (1) (a), in considering if it is reasonably likely that a\nprescribed person who is an adult would suffer significant harm if the\nproposed treatment or an alternative treatment option were not\nundertaken, the assessment committee—\n(a) for an individual treatment plan—must consider any wishes the\nprescribed person has communicated in relation to their\nvariation in sex characteristics; and\n\nPart 3 Assessment of treatment plans\nDivision 3.2 Assessment of treatment plans\nSection 16\npage 10 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) unless the person has communicated a wish to have the proposed\ntreatment or an alternative treatment option undertaken—must\ndisregard any evidence that the treatment needs to be undertaken\nto reduce discrimination or stigmatisation or a perceived risk of\ndiscrimination or stigmatisation.\n16 Assessment criteria—individual treatment plans\nIn addition to section 13, an assessment committee may only approve\nan individual treatment plan if there is sufficient evidence provided\nto the committee by the applicant—\n(a) for a treatment plan for a child—that, taking into account the\nchild’s cognitive ability, reasonable steps have been taken in\nassessing that the child does not have decision-making capacity\nin relation to the proposed treatment; and\n(b) that, taking into account the prescribed person’s cognitive\nability, the prescribed person has been given or had access to\nsufficient information about the following:\n(i) the likely implications of the proposed treatment;\n(ii) the likelihood future treatment will be required or other\nfuture treatment options will be excluded if the proposed\ntreatment is undertaken;\n(iii) alternative medical and non-medical options including\nsupport for the prescribed person’s psychosocial needs;\n(iv) the likely risks and benefits of deferring or not undertaking\nthe proposed treatment; and\n\nAssessment of treatment plans Part 3\nAssessment of treatment plans Division 3.2\nSection 17\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) that, taking into account the prescribed person’s cognitive\nability, the prescribed person has been given, or had access to,\nappropriate support to assist the prescribed person in\nunderstanding the information mentioned in paragraph (b); and\n(d) that each decision-maker for the prescribed person has been\ngiven, or had access to, the things mentioned in paragraph (b);\nand\n(e) that, taking into account the prescribed person’s cognitive\nability—\n(i) the prescribed person has received appropriate support to\nparticipate in decision-making about the treatment plan and\nto communicate their wishes freely; and\n(ii) any wishes the prescribed person has communicated in\nrelation to the proposed treatment or their variation in sex\ncharacteristics have been appropriately considered.\nNote If a general treatment plan is approved, it is a condition of the plan that\nthe person undertaking the restricted medical treatment on a prescribed\nperson ensures that the matters mentioned in pars (a) to (e) are satisfied\n(see s 23 (3) (a)).\n17 Ministerial guidelines\n(1) The Minister may make guidelines about—\n(a) the matters that an assessment committee must or may consider\nunder sections 13 to 16; and\n(b) other guidance to assist an assessment committee or internal\nreview committee to exercise their functions under this Act.\n(2) A guideline is a disallowable instrument.\n\nPart 3 Assessment of treatment plans\nDivision 3.2 Assessment of treatment plans\nSection 18\npage 12 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Operation of assessment committee\n(1) An assessment committee may conduct an assessment of an\napplication in the way it considers appropriate, including informing\nitself in any way it considers appropriate in the circumstances.\nExamples—other ways of informing itself\n1 relying on expertise of a committee member to research a matter\n2 relying on information provided in relation to an earlier application\n3 with the consent of the decision-maker for a prescribed person, talking directly\nto the prescribed person\nNote Section 20 sets out requirements for the provision to the applicant of\ninformation obtained or relied upon by the committee under this\nsubsection and s (2).\n(2) Without limiting subsection (1), an assessment committee may\nconsult, in writing, any of the following in relation to an application:\n(a) a health professional or health professional body not involved in\nthe treatment of the prescribed person;\n(b) a quality assurance committee approved under the Health\nAct 1993, section 27;\n(c) an entity representing, or providing support to, people with a\nvariation in sex characteristics;\n(d) the public advocate;\n(e) for an application in relation to a child—the children and young\npeople commissioner;\n(f) any other person prescribed by regulation.\n(3) However, the committee must not, without the written consent of a\ndecision-maker—\n(a) identify the prescribed person; or\n(b) disclose information that would allow the prescribed person’s\nidentity to be worked out.\n\nAssessment of treatment plans Part 3\nAssessment of treatment plans Division 3.2\nSection 19\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A regulation may prescribe additional requirements about the\noperation of an assessment committee.\n(5) In this section:\nhealth professional means a health practitioner or other person who\nprovides treatment, care or support to people with a variation in sex\ncharacteristics.\nExamples\npsychologist, social worker, genetic counsellor\n19 Request for more information\n(1) An assessment committee may, in writing, request an applicant to\ngive the committee information that the committee reasonably needs\nto decide the application.\n(2) The committee may refuse to consider the application further if the\ninformation is not provided within the period stated in the request.\n20 Applicant to be given any other information obtained by\ncommittee\n(1) This section applies to—\n(a) any information relied upon by an assessment committee under\nsection 18 (1); and\n(b) any information obtained by an assessment committee through\nconsultation under section 18 (2); and\n(c) any submissions received under section 22.\n(2) The committee must give the applicant—\n(a) a copy of the information or submission; and\n(b) a reasonable period of time in which to consider the information\nand make any changes to their application.\n\nPart 3 Assessment of treatment plans\nDivision 3.3 Assessment of general treatment plans\nSection 21\npage 14 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Assessment of general treatment\nplans\n21 Public consultation\n(1) After receiving an application in relation to a general treatment plan,\nthe assessment committee must conduct public consultation about the\napplication and give a notice about the consultation (a consultation\nnotice).\n(2) A consultation notice must—\n(a) state that—\n(i) anyone may give a written submission to the assessment\ncommittee about the general treatment plan; and\n(ii) submissions may be given to the assessment committee\nonly during the period starting on the day after the\nconsultation notice is notified under the Legislation Act\nand ending on a stated day, being a day at least 30 days\nafter the day it is notified (the consultation period); and\n(b) include the general treatment plan and any relevant supporting\ninformation included in the application for the plan.\n(3) A consultation notice is a notifiable instrument.\n(4) The assessment committee must also—\n(a) publish the consultation notice on an ACT government website;\nand\n(b) give the consultation notice to the relevant entities.\n(5) The following must not be included in the consultation notice:\n(a) information that identifies a prescribed person or a\ndecision-maker for a prescribed person;\n\nAssessment of treatment plans Part 3\nAssessment of general treatment plans Division 3.3\nSection 22\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) information that would allow the person’s or decision-maker’s\nidentity to be worked out;\n(c) any information prescribed by regulation.\n(6) In this section:\nrelevant entities means the following:\n(a) the chief health officer;\n(b) the Minister responsible for each of the following:\n(i) this Act;\n(ii) the Health Act 1993;\n(iii) the Human Rights Act 2004;\n(c) the children and young people commissioner;\n(d) the health services commissioner;\n(e) the public advocate;\n(f) any other entity prescribed by regulation.\n22 Public consultation submissions\n(1) If the assessment committee gives a consultation notice under\nsection 21—\n(a) anyone may give a written submission to the committee about\nthe general treatment plan; and\n(b) the submission may be given to the committee only during the\nconsultation period.\n(2) If any submissions are received during the consultation period, the\nassessment committee must publish the submissions on an ACT\ngovernment website.\n\nPart 3 Assessment of treatment plans\nDivision 3.3 Assessment of general treatment plans\nSection 23\npage 16 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The following must not be published under subsection (2):\n(a) unless the assessment committee is satisfied that it is the\nprescribed person’s will and preference—\n(i) information that identifies the prescribed person; or\n(ii) information that would allow the prescribed person’s\nidentity to be worked out;\n(b) any information the assessment committee considers to be\nsensitive or prejudicial to an individual;\n(c) any information prescribed by regulation.\n23 Deciding the application—general treatment plan\n(1) After the end of the consultation period mentioned in section 21 (2),\nthe assessment committee must—\n(a) consider any written submissions received during the\nconsultation period; and\n(b) either—\n(i) approve the application; or\n(ii) refuse the application.\nNote An application must be decided in accordance with s 13.\n(2) A decision under subsection (1) is decided by a majority of votes of\nall assessment committee members.\n(3) An approval is subject to—\n(a) a condition that the matters mentioned in section 16 (a) to (e) are\nsatisfied before the restricted medical treatment is undertaken on\na prescribed person; and\n(b) any other condition the assessment committee considers\nappropriate.\n\nAssessment of treatment plans Part 3\nGeneral treatment plans—other matters Division 3.4\nSection 24\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The assessment committee must give a copy of its decision under\nsubsection (1) and the reasons for it to—\n(a) the applicant; and\n(b) each relevant entity.\n(5) An approval under this section—\n(a) is a notifiable instrument; and\n(b) expires 5 years after the day it commences.\nNote An approval may be extended under s 25 (2) (a).\n(6) In this section:\nrelevant entities—see section 21 (6).\nDivision 3.4 General treatment plans—other\nmatters\n24 Review of approved general treatment plan\n(1) The president may, at any time, establish an assessment committee to\nreview the general treatment plan.\n(2) If the assessment committee is no longer satisfied there is sufficient\nevidence to satisfy the matters mentioned in section 13, the committee\nmust revoke the general treatment plan.\n(3) The following provisions apply in relation to a review of a general\ntreatment plan, as if the review were an assessment of an application:\n(a) section 18 (Operation of assessment committee);\n(b) as far as is reasonably practicable—section 20 (Applicant to be\ngiven any other information obtained by committee);\n(c) section 21 (Public consultation);\n(d) section 22 (Public consultation submissions).\n\nPart 3 Assessment of treatment plans\nDivision 3.4 General treatment plans—other matters\nSection 25\npage 18 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the assessment committee revokes the approval of a treatment plan,\nthe committee must state the day, not less than 6 months after the day\nthe decision is made, that the revocation takes effect.\n(5) A revocation under subsection (2) is a notifiable instrument.\n25 Expiry of approved general treatment plan\n(1) At least 6 months before the approval of a general treatment plan\nexpires (the expiring treatment plan), the president must—\n(a) take reasonable steps to tell the person who applied for the\napproval, in writing, that—\n(i) the approval will expire on the stated expiry date; and\n(ii) the person may apply under section 11 for a subsequent\napproval of the treatment plan; and\n(b) give notice on an ACT government website that the approval\nwill expire on the stated expiry date.\n(2) If an application made under section 11 in relation to a general\ntreatment plan (a new treatment plan) substantially corresponds to\nthe expiring treatment plan before the plan expires—\n(a) the expiring treatment plan is extended until the application for\napproval of the new treatment plan is finally decided; and\n(b) the president must give written notice on an ACT government\nwebsite that the expiring treatment plan has been extended under\nparagraph (a).\n(3) A notice under subsection (2) (b) is a notifiable instrument.\n\nAssessment of treatment plans Part 3\nAssessment of individual treatment plans Division 3.5\nSection 26\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nfinally decided—an application is finally decided if—\n(a) the application is approved; or\n(b) if the application is approved subject to a condition or is\nrefused—\n(i) no application for review has been made under section 41;\nor\n(ii) if an application for review has been made under\nsection 41—the review has been finalised.\nDivision 3.5 Assessment of individual treatment\nplans\n26 Deciding the application—individual treatment plan\n(1) The assessment committee for an application for an individual\ntreatment plan must—\n(a) approve the application; or\n(b) refuse the application.\nNote An application must be decided in accordance with s 13 and s 16.\n(2) A decision under subsection (1) is decided by a majority of votes of\nall assessment committee members.\n(3) An approval may be given subject to conditions.\n(4) The assessment committee must give a copy of its decision under\nsubsection (1) and the reasons for it to—\n(a) the applicant; and\n\nPart 3 Assessment of treatment plans\nDivision 3.5 Assessment of individual treatment plans\nSection 26\npage 20 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the applicant is not the decision-maker for the prescribed\nperson—each decision-maker; and\n(c) the public advocate.\n(5) An approval under this section expires on the day stated in the\ndecision, being a day not later than 3 years after the day it is given.\n\nOffences Part 4\nSection 27\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Offences\n27 Offence—undertaking restricted medical treatment\nwithout approval\n(1) A person commits an offence if—\n(a) the person undertakes a restricted medical treatment on a\nprescribed person; and\n(b) the restricted medical treatment is not undertaken in accordance\nwith an approved treatment plan or any condition applying to\nthe plan.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n(2) For subsection (1), it does not matter if—\n(a) a decision-maker for the prescribed person consents to the\nrestricted medical treatment; or\n(b) for a prescribed person who is an adult—the ACAT consents to\nthe restricted medical treatment under the Guardianship and\nManagement of Property Act 1991, section 70.\nNote If the prescribed person is an adult, restricted medical treatment may also\nbe a prescribed medical procedure under the Guardianship and\nManagement of Property Act 1991.\n(3) Subsection (1) does not apply to urgent restricted medical treatment.\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (3) (see Criminal Code, s 58).\n\nPart 4 Offences\nSection 28\npage 22 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Offence—arrange or authorise unapproved restricted\nmedical treatment\n(1) A person commits an offence if—\n(a) the person—\n(i) takes a prescribed person outside the ACT for the purpose\nof having restricted medical treatment undertaken on the\nprescribed person; or\n(ii) otherwise arranges for restricted medical treatment to be\nundertaken on the prescribed person; and\n(b) the person knows that if the restricted medical treatment were\nundertaken on the prescribed person in the ACT it would be an\noffence against section 27.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) A decision-maker for a prescribed person commits an offence if the\nperson—\n(a) consents to restricted medical treatment being undertaken on the\nprescribed person; and\n(b) knows that if the restricted medical treatment were undertaken\non the prescribed person in the ACT it would be an offence\nagainst section 27.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(3) For subsection (1), it does not matter if—\n(a) a decision-maker for the prescribed person consents to the\nrestricted medical treatment; or\n\nOffences Part 4\nSection 28\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for a prescribed person who is an adult—the ACAT consents to\nthe restricted medical treatment under the Guardianship and\nManagement of Property Act 1991, section 70.\nNote If the prescribed person is an adult, restricted medical treatment may also\nbe a prescribed medical procedure under the Guardianship and\nManagement of Property Act 1991.\n(4) For subsections (1) and (2), it does not matter if the restricted medical\ntreatment—\n(a) was not undertaken on the prescribed person; or\n(b) was undertaken in the ACT or elsewhere.\n(5) Subsections (1) and (2) do not apply to urgent restricted medical\ntreatment.\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (5) (see Criminal Code, s 58).\n\nPart 5 Restricted Medical Treatment Assessment Board\nSection 29\npage 24 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Restricted Medical Treatment\nAssessment Board\n29 Establishment of Restricted Medical Treatment\nAssessment Board\nThe Restricted Medical Treatment Assessment Board is established.\n30 Functions of assessment board\nThe functions of the assessment board are—\n(a) as members of assessment committees—to assess applications\nin relation to treatment plans and review treatment plans; and\n(b) to advise the Minister about, and make recommendations on,\nwhich variations in sex characteristics should be covered by this\nAct; and\n(c) any other function given to the assessment board under this Act\nor another territory law.\n31 Membership of assessment board\n(1) The Minister must appoint to the assessment board—\n(a) a president; and\n(b) at least 2 members for each of the following categories:\n(i) human rights;\n(ii) medicine;\n(iii) ethics;\n(iv) variation in sex characteristics;\n(v) provision of psychosocial support.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n\nRestricted Medical Treatment Assessment Board Part 5\nSection 32\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Before appointing a person to be the president or another member of\nthe assessment board, the Minister must consult the Ministers\nresponsible for the Health Act 1993 and the Human Rights Act 2004.\n(3) In appointing a person under this section the Minister must be\nsatisfied—\n(a) for the president—the person has the qualities and experience\nnecessary to exercise their functions under this Act, including as\nan assessment committee or internal review committee member\nin the category mentioned in subsection (1) (b) (i); and\n(b) for other members—the person has qualifications or experience\nin the category for which they are appointed.\n(4) The Minister must ensure that at least 1 person appointed to the\nassessment board is a person with a variation in sex characteristics.\n(5) An appointment must be for a period of not longer than 5 years.\n(6) A regulation may prescribe other criteria for the appointment of a\nperson as a member.\n(7) A member’s conditions of appointment are the conditions stated in\nthe instrument of appointment.\n32 Ending appointments\nThe Minister may end a member’s appointment—\n(a) for misconduct; or\n(b) if the member is convicted, or found guilty, of an indictable\noffence; or\n(c) if the member is convicted, or found guilty, of an offence that,\nif it had been committed in the ACT, would be an indictable\noffence; or\n\nPart 5 Restricted Medical Treatment Assessment Board\nSection 33\npage 26 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if the member is unable to exercise the member’s functions\nunder this Act.\nNote A conviction does not include a spent conviction or an extinguished\nconviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\n33 Arrangements for staff and facilities\nThe president may arrange with the head of service to use the services\nof a public servant or territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n34 Consultants for assessment committees\n(1) The president may engage consultants to assist an assessment\ncommittee in the exercise of the its functions.\n(2) Consultants are to be engaged on terms decided by the president.\n(3) However, this section does not give the president a power to enter\ninto a contract of employment.\n\nNotification and review of decisions Part 6\nSection 35\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Notification and review of\ndecisions\n35 Definitions—pt 6\nIn this part:\ninterested party—see section 36.\ninternally reviewable decision means a decision made by an\nassessment committee—\n(a) to refuse to consider an application further under section 19 (2);\nor\n(b) for an application in relation to a general treatment plan—\n(i) to refuse the application under section 23 (1) (b) (ii); or\n(ii) to impose a condition on an approval under\nsection 23 (3) (b); or\n(c) for an application in relation to an individual treatment plan—\n(i) to refuse the application under section 26 (1) (b); or\n(ii) to impose a condition on an approval under section 26 (3);\nor\n(d) to revoke a general treatment plan under section 24 (2).\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means a decision by an internal review\ncommittee under section 39 (1).\n\nPart 6 Notification and review of decisions\nSection 36\npage 28 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Internal review notices\nIf an assessment committee makes an internally reviewable decision\nin relation to an application, the committee must give an internal\nreview notice to the following (an interested party):\n(a) the applicant;\n(b) each decision-maker for the prescribed person;\n(c) the public advocate.\nNote 1 The committee must also take reasonable steps to give an internal review\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67B).\nNote 2 The requirements for internal review notices are prescribed under the\nACT Civil and Administrative Tribunal Act 2008.\n37 Application for internal review\n(1) An interested party may apply, in writing, to the president for review\nof an internally reviewable decision.\n(2) The application for internal review must—\n(a) state the name and contact details of the interested party; and\n(b) set out the interested party’s reasons for making the application.\n(3) The application for internal review must be given to the president\nwithin 28 days after the day the interested party is given the internal\nreview notice for the decision.\n(4) The making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n\nNotification and review of decisions Part 6\nSection 38\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n38 Appointment of internal review committee\n(1) As soon as practicable, and not more than 14 days after receiving an\napplication to review the internally reviewable decision, the president\nmust appoint 1 assessment board member from each category\nmentioned in section 31 (1) (b) to a committee (an internal review\ncommittee) to undertake the internal review.\n(2) The president may appoint themselves to the committee for the\ncategory mentioned in section 31 (1) (b) (i).\n(3) The president must not appoint an assessment board member who\nwas allocated to the assessment committee that made the internally\nreviewable decision.\n(4) A regulation may prescribe requirements for the appointment of\nassessment board members to an internal review committee.\n39 Decision of internal review committee\n(1) The internal review committee must review the internally reviewable\ndecision and make a decision as soon as is reasonably practicable, and\nwithin 28 days, after the first meeting of the committee.\n(2) The internal review committee must—\n(a) confirm the internally reviewable decision; or\n(b) vary the internally reviewable decision; or\n(c) set aside the internally reviewable decision and substitute\nanother decision that the committee considers appropriate.\n(3) A decision under this section, except a decision taken to be a\nconfirmation under subsection (4), is decided by a majority of votes\nof all internal review committee members.\n(4) If the reviewable decision is not varied or set aside within the 28-day\nperiod, the decision is taken to have been confirmed by the internal\nreview committee.\n\nPart 6 Notification and review of decisions\nSection 40\npage 30 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Reviewable decision notices\nIf an internal review committee makes a reviewable decision, the\ncommittee must give a reviewable decision notice to each interested\nparty.\nNote 1 The committee must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n41 Application for ACAT review\nAn interested party may apply to the ACAT for review of a\nreviewable decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n42 Review by ACAT\nIf the ACAT receives an application to review a reviewable decision,\nthe ACAT must consider the application and—\n(a) confirm the decision; or\n(b) remit the matter to the internal review committee for\nreconsideration in accordance with any direction or\nrecommendation of the ACAT.\n\nMiscellaneous Part 7\nSection 43\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n43 Reporting treatment in relation to sex characteristics\n(1) Within 3 months after starting reportable treatment in relation to a\nprescribed person, the doctor who was responsible for the treatment\nmust—\n(a) tell the president, in writing, that the treatment has been\nundertaken; and\n(b) provide the following information:\n(i) if the treatment was undertaken under a treatment plan—\ndetails of the plan;\n(ii) the prescribed person’s age;\n(iii) the prescribed person’s variation in sex characteristics;\n(iv) anything else prescribed by regulation.\n(2) In this section:\nexcluded condition means a condition prescribed for section 7 (1),\ndefinition of variation in sex characteristics, paragraph (c).\nreportable treatment means—\n(a) restricted medical treatment under a treatment plan; and\n(b) urgent restricted medical treatment; and\n\nPart 7 Miscellaneous\nSection 44\npage 32 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if an excluded condition is prescribed for this paragraph—a\nsurgical or medical procedure or treatment in relation to the\ncondition that would be restricted medical treatment if the\ncondition were not an excluded condition.\nExample—par (c)\nABC syndrome (hypothetical) is a variation in sex characteristics excluded\nunder s 7 (1), def variation in sex characteristics, par (c). Treatment of a\nprescribed person for ABC syndrome is, therefore, not restricted medical\ntreatment under s 8. ABC syndrome is prescribed for par (c) above, which\nmeans treatment described in the definition of restricted medical treatment\nin s 8 in relation to that condition is subject to the reporting requirements\nunder this section and s 44.\n44 Assessment board annual report\n(1) The president must, for each financial year, prepare a report about the\nassessment board’s operation during the year including—\n(a) the number of applications made in relation to individual\ntreatment plans and the decisions made for the applications; and\n(b) for each individual treatment plan approved in the year—\n(i) the prescribed person’s age; and\n(ii) the prescribed person’s variation in sex characteristics; and\n(iii) the date the plan was approved; and\n(c) the number of general treatment plans approved in the year and\na description of each plan; and\n(d) the number of reportable treatments reported under section 43;\nand\n(e) for each reportable treatment—\n(i) the prescribed person’s age; and\n(ii) the prescribed person’s variation in sex characteristics; and\n\nMiscellaneous Part 7\nSection 45\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) anything else prescribed by regulation.\n(2) The report must not include information that—\n(a) identifies a prescribed person or a decision-maker for the\nprescribed person; or\n(b) would allow a prescribed person’s identity, or the identity of a\ndecision-maker for the prescribed person, to be worked out.\n(3) The report must comply with any requirements prescribed by\nregulation.\n(4) The report must—\n(a) be given to the Minister not later than 3 months after the end of\nthe financial year; and\n(b) be published on an ACT government website as soon as\npracticable after being given to the Minister.\n45 Restricted medical treatment records\n(1) This section applies to a relevant record created in relation to\nrestricted medical treatment or urgent restricted medical treatment\nundertaken on a prescribed person.\n(2) Despite anything to the contrary in the Health Records (Privacy and\nAccess) Act 1997 or the Territory Records Act 2002, the relevant\nrecord must be kept until the later of—\n(a) the prescribed person’s 45th birthday; or\n(b) 7 years after the day the record is made.\n(3) In this section:\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\n\nPart 7 Miscellaneous\nSection 46\npage 34 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrelevant record—\n(a) means a health record; and\n(b) includes—\n(i) an approval for a treatment plan; and\n(ii) an application for an internal review under section 37 and\nthe internally reviewable decision; and\n(iii) an application for a review by the ACAT under section 41\nand the decision under section 42; and\n(iv) a report under section 43.\n46 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The Executive must consult the following people before making a\nregulation for section 7, definition of variation in sex characteristics:\n(a) the president;\n(b) the chief health officer;\n(c) the Minister responsible for each of the following:\n(i) the Health Act 1993;\n(ii) the Human Rights Act 2004;\n(d) the children and young people commissioner;\n(e) the health services commissioner;\n(f) the public advocate.\n\nMiscellaneous Part 7\nSection 47\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Review of Act\n(1) The Minister must, as soon as practicable after the end of this Act’s\n2nd year of operation—\n(a) review the operation and effectiveness of the Act; and\n(b) present a report of the review to the Legislative Assembly.\nNote A reference to an Act includes a reference to any regulation or other\nstatutory instrument made or in force under the Act (see Legislation Act,\ns 104).\n(2) This section expires 6 years after the day it commences.\n\nPart 9 Transitional\nSection 49\npage 36 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Transitional\n49 Meaning of commencement day—pt 9\nIn this part:\ncommencement day means the day section 10 commences.\n50 Prescribed people who received prior treatment\n(1) This section applies if, before the commencement day, a prescribed\nperson has received medical treatment in relation to their variation in\nsex characteristics.\n(2) Section 10 and part 4 do not apply in relation to the undertaking of\nrestricted medical treatment on the prescribed person for 12 months\nafter the commencement day.\n(3) For this section, medical treatment—\n(a) includes a surgical or medical procedure or treatment (including\nthe prescription or administration of a drug); and\n(b) need not be restricted medical treatment.\n51 Expiry—pt 9\nThis part expires 2 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• adult\n• chief health officer\n• child\n• children and young people commissioner\n• doctor\n• health practitioner\n• health services commissioner\n• Minister (see s 162)\n• public advocate.\napplication means an application for approval of a treatment plan\nunder section 11.\napproved treatment plan means a treatment plan approved under\nsection 23 (1) (b) (i) or section 26 (1) (a).\nassessment board means the Restricted Medical Treatment\nAssessment Board established under section 29.\nassessment committee—see section 12 (1).\nconsultation notice—see section 21 (1).\nconsultation period—see section 21 (2) (a) (ii).\ndecision-maker, for a prescribed person, means—\n(a) for a child—a person who has parental responsibility for the\nchild under the Children and Young People Act 2008,\ndivision 1.3.2; and\n(b) for an adult subject to a guardianship order—the guardian.\ngeneral treatment plan—see section 11 (1) (a).\n\nDictionary\npage 38 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nguardianship order means an ACAT order under the Guardianship\nand Management of Property Act 1991, section 7 (2).\nindividual treatment plan—see section 11 (1) (b).\ninterested party, for part 6 (Notification and review of decisions)—\nsee section 36.\ninternally reviewable decision, for part 6 (Notification and review of\ndecisions)—see section 35.\ninternal review committee—see section 38(1).\ninternal review notice, for part 6 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nprescribed person, in relation to restricted medical treatment—see\nsection 9.\npresident means the person appointed as president of the assessment\nboard under section 31 (1) (a).\nrestricted medical treatment, in relation to a person who has a\nvariation in sex characteristics—see section 8.\nreviewable decision, for part 6 (Notification and review of\ndecisions)—see section 35.\ntreatment plan means a general treatment plan or an individual\ntreatment plan.\nurgent restricted medical treatment means restricted medical\ntreatment required to be undertaken urgently to—\n(a) save a prescribed person’s life; or\n(b) prevent serious damage to the person’s health; or\n(c) prevent the person from suffering or continuing to suffer\nsignificant pain.\nvariation in sex characteristics—see section 7 (1).\n\nEndnotes\nAbout the endnotes 1\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 40 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023 A2023-23\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1)\ns 10, pt 4 commenced 23 December 2024 s (2 (2))\nremainder commenced 23 December 2023 (s 2 (1))\nas amended by\nHealth Legislation Amendment Act 2024 A2024-42 pt 6\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\npt 6 commenced 18 September 2024 (s 2 (1))\nVariation in Sex Characteristics (Restricted Medical Treatment)\nAmendment Act 2024 A2024-51\nnotified LR 11 December 2024\ns 1, s 2 commenced 11 December 2024 (LA s 75 (1))\nremainder commenced 12 December 2024 (s 2)\n\nEndnotes\nAmendment history 4\nR4\n23/12/24\nVariation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDeciding the application—general treatment plan\ns 23 am A2024-42 s 11; ss renum R2 LA\nDeciding the application—individual treatment plan\ns 26 am A2024-42 s 12; ss renum R2 LA\nDecision of internal review committee\ns 39 am A2024-42 s 13; ss renum R2 LA\nReview of Act\ns 47 exp 23 December 2029 (s 47 (2))\nConsequential amendment\npt 8 hdg om LA s 89 (3)\nGuardianship and Management of Property Act 1991\ns 48 om LA s 89 (3)\nTransitional\npt 9 hdg ins A2024-51 s 4\nexp 12 December 2026 (s 51)\nMeaning of commencement day—pt 9\ns 49 ins A2024-51 s 4\nexp 12 December 2026 (s 51)\nPrescribed people who received prior treatment\ns 50 ins A2024-51 s 4\nexp 12 December 2026 (s 51)\nExpiry—pt 9\ns 51 ins A2024-51 s 4\nexp 12 December 2026 (s 51)\n\nEndnotes\n5 Earlier republications\npage 42 Variation in Sex Characteristics (Restricted Medical\nTreatment) Act 2023\nEffective: 23/12/24\nR4\n23/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n23 Dec 2023\n23 Dec 2023–\n17 Sept 2024\nnot amended new Act\nR2\n18 Sept 2024\n18 Sept 2024–\n11 Dec 2024\nA2024-42 amendments by\nA2024-42\nR3\n12 Dec 2024\n12 Dec 2024–\n22 Dec 2024\nA2024-51 amendments by\nA2024-51\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title ('to protect rights of people with a variation in sex characteristics in relation to certain medical treatment'). The 2024 amendments (A2024-42 and A2024-51) appear to be technical and transitional adjustments rather than substantive expansions of scope. The addition of Part 9 transitional provisions (ss 49-51) provides a grace period for existing patients but does not alter the fundamental regulatory scheme."},"complexity_factors":["Multiple overlapping definitions: 'variation in sex characteristics' (s 7), 'restricted medical treatment' (s 8), and 'prescribed person' (s 9) create a three-layered threshold test for the Act's application","Dual-track approval system: Separate procedural requirements for 'general treatment plans' (Part 3, Div 3.3) and 'individual treatment plans' (Part 3, Div 3.5), with different consultation, timing, and evidentiary requirements","Cross-referencing with other ACT statutes: Heavy reliance on definitions and concepts from the Guardianship and Management of Property Act 1991, Health Act 1993, Children and Young People Act 2008, and ACT Civil and Administrative Tribunal Act 2008","Assessment criteria with nested conditions: Section 13 requires proof of 'significant harm' plus consideration of alternatives, while sections 14-16 add specific rules for children vs adults, plus mandatory disregard of discrimination-based evidence in certain circumstances","Multi-tiered review mechanisms: Internal review by assessment committee (Part 6), followed by ACAT (ACT Civil and Administrative Tribunal) review, with specific notice requirements and time limits (28 days)","Criminal offence provisions with exceptions: Sections 27-28 create offences but exempt 'urgent restricted medical treatment', creating evidential burdens under the Criminal Code","Mandatory reporting and record-keeping: Sections 43-45 impose ongoing obligations with extended retention periods (until age 45 or 7 years)","Sunset and review clauses: Section 47 requires mandatory review after 2 years and expires after 6 years; Part 9 transitional provisions expire after 2 years"],"plain_english_summary":"This law bars certain irreversible or significant medical interventions on people with variations in sex characteristics—primarily children and adults under guardianship—unless an independent Restricted Medical Treatment Assessment Board approves a treatment plan. It requires independent oversight, considers the person's wishes, and allows urgent care while prohibiting treatments based solely on appearance or stigma.\n\nIt matters because it prevents non‑consensual “normalising” surgeries, promotes transparency and safeguards future autonomy."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The republished text records post‑enactment amendments that altered decision and review provisions and added transitional arrangements. Amendments cited in the endnotes (A2024‑42) amended decision sections (eg s 23, s 26, s 39), and a later amendment (A2024‑51) inserted transitional Part 9 creating a 12‑month delay for applying the approval/ offence regime to prescribed people who received prior treatment (s 50) and set expiry for transitional provisions. These changes narrow immediate operational scope for previously treated individuals while adjusting decision and review procedures."},"complexity_factors":["Multiple decision layers and review paths: applicant → assessment committee → internal review committee → ACAT (ss 11, 12, 38, 41–42).","Detailed statutory assessment criteria balancing ‘primary harm’, ‘associated harm’ and alternative options (s 13), with specific rules for children and adults under guardianship (ss 14–16).","Hybrid approvals: general treatment plans (public consultation, notifiable instruments, 5‑year expiry) vs individual plans (shorter approvals, 3‑year expiry) (ss 11, 21–26).","Criminal offences carrying imprisonment and penalty units for performing, arranging or consenting to unapproved treatment (ss 27–28), increasing legal risk for clinicians and decision‑makers.","Significant administrative and reporting burdens: mandatory doctor reporting of reportable treatments (s 43) and detailed annual reporting by the board (s 44).","Binding record‑retention override to other records laws with long retention triggers (keep records until 45th birthday or 7 years) (s 45).","Discretionary executive and ministerial powers to make regulations and guidelines, and to prescribe covered conditions or excluded conditions (ss 17, 46).","Exceptions and edge cases add complexity: urgent restricted medical treatment carve‑outs, prescribed persons definition tied to guardianship and decision‑making capacity (ss 9, 10(2), dictionary)."],"plain_english_summary":"This Act requires approved treatment plans before undertaking “restricted medical treatment” on people born with atypical sex characteristics. It establishes a specialist assessment board and committees to approve or refuse plans, sets approval criteria, public consultation for general plans, reporting and record‑keeping duties, and criminal penalties for unapproved treatment.\n\nIt affects prescribed persons, their decision‑makers and clinicians because clinical interventions are conditional on regulatory approval and carry compliance, reporting and criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023","history":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023/history","analysis":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023/analysis","conflicts":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023/conflicts","importantCases":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023/important-cases","documents":"/api/acts/variation-in-sex-characteristics-restricted-medical-treatment-act-2023/documents"}}