Victorian government introduces legislation to protect intersex children

Today, the Victorian Government took a historic step toward protecting the rights of children with innate variations of sex characteristics, introducing legislation that will prevent unnecessary medical interventions without the individual’s free and informed consent.

This reform builds on momentum from the Australian Capital Territory (ACT), which was the first jurisdiction to legislate protections of this kind. Victoria now looks set to become the first state to follow suit, marking a significant milestone in advancing human rights and bodily autonomy.

The introduction of the bill was witnessed from the parliamentary gallery by long-time advocates Tony Briffa and Dr Morgan Carpenter, alongside colleagues from InterAction for Health and Human Rights, Equality Australia, and other dedicated organisations and allies. Their presence underscored the years of advocacy and collaboration that have paved the way for this moment.

Tony Briffa, co-chair of InterAction said:

This is about safeguarding every person’s right to make decisions about their own body. Procedures that alter sex characteristics raise profound and deeply personal questions – questions that I wish I had the chance to answer for myself. Today is very emotional for me – I have spent 25 years fighting to see these reforms make it to parliament to protect future generations of intersex children in Victoria. I commend the government for introducing legislation that protects a child’s right to make these incredibly personal and intimate decisions for themselves when they are mature enough, and I call on other states to adopt similar protections.

Dr Morgan Carpenter, Executive Director of InterAction for Health and Human Rights, reflected on the significance of the reform, saying:

People with intersex variations routinely undergo harmful practices – unnecessary medical interventions before we can consent – to make our bodies fit gender stereotypes or to mitigate hypothetical risks of stigmatisation. Unnecessary medical interventions without personal consent don’t reduce stigma – they reinforce it. The resulting loss of sensation, function and bodily autonomy all contribute to adverse physical and mental health. Victoria is the first state and the second jurisdiction in Australia to introduce these vital reforms. We thank the government for its heartfelt support, we invite all members of parliament to support these measures, and we encourage other Australian governments to step up.

The new bill will follow the ACT’s lead by restricting deferrable treatments until the individual is old enough to make an informed choice for themselves. It will also ensure that treatment plans are subject to independent oversight, safeguarding ethical delivery and accountability.

It is hoped that the legislation will be finalised in February 2026, cementing Victoria’s role as a leader in protecting the rights and dignity of children with intersex variations. Let’s hope the other states are watching and preparing to act as well.

Read the Bill and supporting information

Copies of the legislation, the explanatory memorandum and speeches can be found at: Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025 (2025). https://www.legislation.vic.gov.au/bills/health-safeguards-people-born-variations-sex-characteristics-bill-2025.

A short overview of the context for the bill is available here: Department of Health, Victoria. 2025. Health of People with Innate Variations in Sex Characteristics. State Government of Victoria, Australia. https://www.health.vic.gov.au/communities/health-people-innate-variations-sex-characteristics.

A summary of the Victorian government's consultation process can be found at: Department of Health, Victoria. 2025. Consultation Summary - Development of an ‘Intersex Protection System’. State Government of Victoria, Australia. https://www.health.vic.gov.au/communities/health-people-innate-variations-sex-characteristics.