Australian Human Rights Commission Information for LOIPR - Australia, 27 June 2016 90. The Commission remains concerned that sterilisation of people with disabilities, including children, continues to take place in Australia without consent. 91. Issue for consideration in the LOIPR: Information on the support provided to people with disabilities to exercise their legal capacity and to free and informed consent. 12. Other issues 12.1 Sexual Orientation, Gender Identity and Intersex issues (SOGII) Concluding Observations: n/a Relevant provisions of the CAT: Article 16 92. The Commission remains concerned that children born with intersex variations are still subject to medically unnecessary normalising medical interventions before they are able to provide full and informed consent.77 Such interventions can have significant and ongoing physical and psychological consequences.78 The Commission notes that the Senate Community Affairs Committee conducted an inquiry into the involuntary or coerced sterilisation of intersex people in Australia in 2013.79 The Government responded to the recommendations of that inquiry in 2015.80 The Commission remains concerned that many of the recommendations have not been implemented; particularly at the state and territory level. 93. The Commission also remains concerned that in all Australian states and territories, with the exception of the Australian Capital Territory (ACT), people must undergo surgical or medical treatment to change the legal record of their sex. They must also be unmarried.81 In the ACT people must provide a declaration from a psychologist or doctor that they have received ‘appropriate clinical treatment for the alteration’.82 94. Issues for consideration in the LOIPR: 12.2 • Information on the implementation of the recommendations of the Senate Inquiry Report Community Affairs Committee’s 2013 Report on the Involuntary or Coerced Sterilisation of Intersex People in Australia by federal, state and territory governments. • Information on steps taken by state and territory governments to remove the surgery and marital status requirements in births, deaths and marriages registration legislation. Older persons – elder abuse Concluding Observations: n/a Relevant provisions of the CAT: Articles 2 and 16 18