Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023 (ACT)
Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023
SL2023-35
made under the
Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023
Republication No 2
Effective: 23 December 2024
Republication date: 23 December 2024
Regulation not amended
(republication for commenced provision)
About this republication
The republished law
This is a republication of the Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023, made under the Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 December 2024. It also includes any commencement, repeal or expiry affecting this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023
made under the
Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023
Contents
Page
1 Name of regulation 2
3 Excluded conditions—Act, s 7 (1), def variation in sex characteristics, par (c) 2
4 Temporary restricted medical treatment—Act, s 8 (1), def restricted medical treatment, par (b) 2
5 Operation of assessment committee—additional requirements—Act, s 18 (4) 2
6 Membership of assessment board—criteria for medicine category—Act, s 31 (6) 2
7 Membership of assessment board—criteria for variation in sex characteristics category—Act, s 31 (6) 3
8 Membership of assessment board—criteria for provision of psychosocial support category—Act, s 31 (6) 3
9 Reporting treatment in relation to sex characteristics—Act, s 43 (1) (b) (iv) 4
10 Reportable treatment—Act, s 43 (2), def reportable treatment, par (c) 4
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
5 Earlier republications 6
Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023
made under the
Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023
Name of regulation
This regulation is the Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023.
Excluded conditions—Act, s 7 (1), def variation in sex characteristics, par (c)
The following conditions are prescribed:
(a)bladder exstrophy;
(b)epispadias;
(c)hypospadias, other than proximal hypospadias with cryptorchidism;
(d)polycystic ovary syndrome;
(e)undescended testis.
Temporary restricted medical treatment—Act, s 8 (1), def restricted medical treatment, par (b)
Vaginal dilation is prescribed.
Operation of assessment committee—additional requirements—Act, s 18 (4)
An assessment committee must keep minutes of its meetings.
Membership of assessment board—criteria for medicine category—Act, s 31 (6)
A person appointed for the category mentioned in the Act, section 31 (1) (b) (ii) must have qualifications or expertise in at least 1 of the following areas:
(a)adolescent and young adult medicine;
(b)clinical genetics;
(c)general paediatrics;
(d)neonatology;
(e)paediatric endocrinology;
(f)paediatric or adolescent gynaecology;
(g)paediatric urology.
Membership of assessment board—criteria for variation in sex characteristics category—Act, s 31 (6)
A person appointed for the category mentioned in the Act, section 31 (1) (b) (iv) must have lived experience of a variation in sex characteristics.
Examples
1 a person with a variation in sex characteristics
2 a parent of, or carer for, a person with a variation in sex characteristics
Membership of assessment board—criteria for provision of psychosocial support category—Act, s 31 (6)
A person appointed for the category mentioned in the Act, section 31 (1) (b) (v) must have qualifications or experience in providing—
(a)psychological support; or
(b)social work services; or
(c)counselling, including genetic counselling, services; or
(d)support or care for the psychosocial needs of people with a variation in sex characteristics.
Reporting treatment in relation to sex characteristics—Act, s 43 (1) (b) (iv)
(1)The following information is prescribed:
(a)details of each reportable treatment undertaken;
(b)the date the reportable treatment started.
(2)In this section:
reportable treatment—see the Act, section 43 (2).
Reportable treatment—Act, s 43 (2), def reportable treatment, par (c)
The following conditions are prescribed:
(a)bladder exstrophy;
(b)epispadias;
(c)hypospadias, other than proximal hypospadias with cryptorchidism;
(d)polycystic ovary syndrome;
(e)undescended testis.
NoteThis section prescribes conditions that are excluded under s 3 from the general application of the Act but which are still subject to reporting requirements in the Act, s 43 and s 44.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Variation in Sex Characteristics (Restricted Medical Treatment) Regulation 2023 SL2023-35
notified LR 14 December 2023
s 1, s 2 commenced 14 December 2023 (LA s 75 (1))
s 9 commenced 23 December 2024 (s 2 (2))
remainder commenced 23 December 2023 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
23 Dec 202323 Dec 2023–
22 Dec 2024not amended new regulation
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0
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