ANALYSIS: Victoria’s Education Department Leads Australia in Progressiveness of Gender Policies Regarding Parental Consent

A children's book on gender in Irvine, Calif., on Sept. 7, 2022. (John Fredricks/The Epoch Times)

New Analysis

Australian kids in public schools can consider a gender transition without needing to worry about their parents finding out if school principals determine the child is a “mature minor,” as is the case in Victoria, or when there are “reasonable grounds” such as court orders to stay mum about it, as is the case in New South Wales.

According to research by The Epoch Times, in all but three of Australia’s eight jurisdictions, state and territory education departments advise that if a headmaster believes a student’s safety is at risk, and that it is in their best interests, the school will not inform parents of a transition.

The rule extends to students who have changed their legal name or their pronoun.

However, the policies in Victoria have taken the most progressive position.

The state’s education department has advised public school principals that there are times when a student may “wish or need” to transition without “the consent of their parent/s (or carer/s), and/or without consulting medical practitioners.”

“If no agreement can be reached between the student and the parent/s regarding the student’s gender identity, or if the parent/s will not consent to the contents of a student support plan, it will be necessary for the school to consider whether the student is a mature minor,” the department states.

The Victorian education department has outlined policy on who can be considered a “mature minor.”

“Principals or others working with students in schools can decide that the student is capable of making their own decision, i.e. that they are a mature minor for the purpose of making a particular decision,” the department’s policy says.

“To be considered a mature minor, principals or others working with students must be satisfied that the student has sufficient maturity, understanding, and intelligence to understand the nature and effect of their particular decision.”

Meanwhile, in New South Wales (NSW), the state’s education department says in its policy that while principals are encouraged to consult parents, in some cases, parental consent is not required regarding gender affirmations at school.

“Support needs will vary from student to student,” says the education policy of New South Wales (NSW).

“It is important to consult with the student and their parents or carers where practicable when planning for the student’s support unless the principal believes on reasonable grounds that it is not in the student’s best interests to do this (for example a court order has removed a parent’s parental responsibility for that student).”

In the case of NSW, this policy stands for all student grades from primary through to high school.

For South Australia (pdf), this advice also stretches down to preschools, which typically cater to kids from 3-4 years of age.

The policies, which come under each state education department’s inclusivity guidelines regarding transgender students in schools, also argue in each case that the process must be student-led and focus on the welfare of the student.

Queensland Teachers Allegedly Told to Hide Transition From Parents

The research comes after new revelations that the Queensland Department of Education was alleged to have advised teachers to address students with two different names as a means of keeping parents in the dark.

According to The Courier Mail, this includes the child’s preferred pronoun, which is to be used at school, and their original name when speaking or contacting parents

The Queensland Education Department (pdf) says students may refer to themselves by a name of their choosing and that all students and school staff are encouraged to use a student’s preferred name and gender when requested.

A spokesperson for the Queensland education department told The Epoch Times in an email that it is “committed to ensuring schools are safe and inclusive learning environments for all students, including trans and gender diverse students.”

However, the department indicated that while the position is for schools to work very closely with the student and their parents in accordance with medical advice, there can be exceptional circumstances if schools believe the student might be at risk of harm.

In this situation, “steps can be taken to act in the student’s best interests and prevent harm.”

The department did not confirm if they had produced advisory material that recommended teachers hide students’ gender transitions from parents.

What About the Rest of the Country?

In Western Australia, the education department states in its policies (pdf) that a family member/carer/representative be involved in the development of “confidential support/transition plans for transgender and intersex students.”

Tasmania has not made public its advice to education staff.

However, it does state that its policies were formed by the Department of Education Gay, Lesbian, Bisexual, Transgender and Intersex Issues in its Education Strategic Working Group and notes that parents have a responsibility “to help create safe and supportive learning environments by modelling respectful and inclusive language and behaviour; and respecting the individual wishes and needs of people.”

It also advises schools to create a safe space for kids who are part of the LGBTQI spectrum.

Parental Rights In the Crossfire

The policy revelations come as education bodies in other countries have faced legal proceedings over their “inclusive” policies.

In the United States, school educators in Wisconsin, Maine, California, and Florida have been taken to court over hiding transitions from parents.

In one lawsuit, the parents argued that they could not meaningfully exercise their parental rights “if public schools hide vital information about their children from them.”

Amid the controversy in America, which has progressed further along with implementing such policies than in Australia, child and adolescent psychiatrist Miriam Grossman has warned that the gender industry has been built on the lies of one troubled psychologist and his disproven theories, which are included in many of today’s textbooks.

“The person who came up with the theory was Dr. John Money, and he came up with this idea that a person’s biology—their body, their chromosomes—is completely separate from their feeling of whether they are male or female,” Grossman said during a 2022 interview with EpochTV’s “American Thought Leaders” program.

Money was instrumental in establishing the first clinic to perform gender reassignment surgeries on children and adults at the Johns Hopkins Gender Identity Clinic. In the 1960s, he set out to prove his theory of gender identity to the world with the famous case of Bruce, who became Brenda, who became David.

But decades after Bruce’s treatment with Money, who suggested raising Bruce as a Brenda, Bruce decided to re-identify as an adult with his biological sex and named himself David. It was later revealed that Money had sexually abused Bruce and his twin brother during their psychology sessions as children.

Grossman warned educators against encouraging fluidity in thinking regarding sex and gender, and said there is a lot of evidence to suggest that if kids who are uncomfortable with their sex at adolescence are left alone, in the majority of gender dysphoria cases, they resolve themselves after puberty.

In Australia, it is the legal right of parents to bring up their children according to their own values and beliefs.

The NSW government, for example, states that parents have the right to decide the child’s “religion, education, discipline, and medical treatment and where the child lives will not be interfered with unless there are good reasons or the child’s well-being is at risk.”

However, gender transition advocates argue that children are endangered by parents not affirming their child’s choice.

According to the parents’ hub on Australian trans rights advocacy group Transcend, many people who want to come out as trans fear how their family might react and that “rejection, marginalisation, stigma, and discrimination” can have negative impacts on mental health.

Northern Territory Drops Transition Policy After Backlash

Yet not all Australian states and territories have followed through on transgender policies.

The Northern Territory (NT) government walked back a proposal to introduce inclusivity guidelines on diverse sex, sexuality, and gender identity like the rest of the country.

Teachers would have also been banned from calling students “boys and girls” or “ladies and gentlemen,” and being perceived as confirming “gender stereotyping,” which could supposedly be “alienating for gender questioning and gender diverse children.”

The guidelines, published by Sky News Australia in April 2022, also suggested that teachers could use “vocabulary such as ‘students,’ ‘class,’ ‘crew,’ ‘everyone,’ ‘people’ or ‘year X’ that are more inclusive.”

Under the plan, schools would be asked not to separate children based on their gender for sports events and be “flexible with regard to clothing type and participation.”

The measure would also ensure students attending school camps could access the toilets, showers, and sleeping quarters of their “affirmed gender"—which refers to the gender they choose for themselves.

“When considering school excursions, including overnight stays, the teacher in charge of the excursion should consult with LGBTQI students, parents, and support teams to confirm preferences,” the document said.

The draft guidelines further warned that concerns from other children could be considered a form of bullying.

“If a child, or their peers, do not agree that they would feel safe and comfortable sharing, seek alternative solutions and acknowledge that this is an indication of possible exclusionary behaviour and potential bullying toward the LGBTQI child.”

Masooma Haq contributed to this report.

This article has been updated to provide a wider display of Australian state education departments’ policies.