ÌÇÐÄvlog¹ÙÍø

The Department of ÌÇÐÄvlog¹ÙÍø is committed to providing safe and supportive learning environments that respect and value diversity and are free from violence, discrimination, harassment and vilification. Research shows the supportive environment schools provide can have a lasting impact on both the educational and lifelong outcomes for students.

Most people express the gender that corresponds with the sex recorded at birth. There are some people whose gender identity or expression is different from that traditionally associated with assigned sex at birth. This is known as being gender diverse. This can occur at any age.

All students, including those who identify as gender diverse, have a right to be treated equitably and with dignity. The department has a number of resources that support these rights including the NSW Wellbeing Framework for Schools, the Behaviour code for students and the Bullying of students – prevention and response policy statement. These resources promote a proactive approach to the development of positive school environments in which every student is respected and valued. Additionally, schools have a legal duty to protect students from foreseeable risk of harm and to do what is reasonably practicable to ensure their safety.

The following information is general in nature. It is important to structure any support specifically to the individual needs of the student within a particular school. Not all students who identify as gender diverse will require a plan to support them, but it is necessary to assess the likelihood of any risk to each gender diverse student and where required plan for their support.

Legal rights for gender diverse students

A student who has identified as gender diverse enjoys the same legal rights or protections afforded to all students under the duty of care, education and work health and safety laws.

Additional protections apply to gender diverse students under discrimination law. For example, in NSW the Department of ÌÇÐÄvlog¹ÙÍø is prohibited from unlawfully discriminating against a student on gender diversity grounds:

• by refusing or failing to accept the person’s application for admission as a student, or
• in the terms on which it is prepared to admit the person as a student.

The department is also prohibited from unlawfully discriminating against a student on gender diversity grounds:

• by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or
• by expelling the student or subjecting the student to any other detriment.

It does not follow that an application for enrolment from a gender diverse student can never be declined or that a gender diverse student can never be expelled. Rather, the law requires the student is not subjected to unlawful discrimination when such decisions are made. Further information about discrimination on gender identity grounds is found at

Births, Deaths and Marriages Registration Act 1995 (BDMR Act)

An amendment to the enables students over 18, along with both parents of a student under 18, to apply to the Registry of Births, Deaths and Marriages to change the student’s birth certificate. Information about this process is available here - .

A student or parents can provide the school with a new birth certificate and a verification letter signed by the Registrar confirming that a change of sex has been legally registered in NSW. A copy of the verification letter should be sighted by the principal or a member of the school executive. A copy of the birth certificate should be retained.

The student’s records should be amended to reflect the change of sex recorded on the new birth certificate. It is possible the student’s name may also be changed. That name on the birth certificate should be used and recorded by the school.

states that a person whose record of sex is altered under the BDMR Act is, for the purposes of a law of this State, a person of the sex stated in the altered record. This means the student should be treated as a person of the sex recorded on their birth certificate.

Crimes Act

It is a criminal offence to, by a public act, intentionally or recklessly threaten or incite violence towards a person or a group of persons on the grounds of the gender identity of a person or one or more of a group of persons.

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) empowers courts to make personal violence orders to protect people from violence, intimidation (including harassment) and stalking. The ) amended this Act in December 2024, to include intentionally disclosing or threatening to disclose a person’s gender history without their consent within the definition of harassment.

Privacy legislation

Most, if not all, of the information collected about a gender diverse student will be personal or health information. This information is protected by privacy legislation.

While privacy legislation will not necessarily prevent school or other departmental staff from using or disclosing information for a lawful purpose (for example in the discharge of the duty of care or for child protection purposes), it is important wherever practicable to discuss how it is intended information will be used or disclosed with the student. This issue should also be discussed with the student’s parent(s) or carer 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).

School and other departmental staff should seek legal advice in circumstances where parents or carers and/or the student object to the proposed use or disclosure of a student’s personal and/or health information.

Name and gender records

Generally, students are enrolled at school under the name and gender on their birth certificate. There are exceptions to this position, however, including where a student is gender diverse and seeks to change the way their first name is used and recorded by the school. Principals may wish to review Legal issues bulletin 20 for advice about the process to follow when this issue arises.

Students should then be referred to by the name they are enrolled under. The pronoun used to describe the student (he/she, him/her) should be consistent with the gender now recorded by the school. The department’s Code of Ethics and Conduct and the individual school’s behaviour plan should be utilised where staff or students deliberately or repeatedly use names or pronouns other than the one identified by the student concerned.

Uniform for gender diverse students

The department’s Uniforms in Schools procedure encourages schools to consider individual student circumstances when considering the school’s uniform. Many schools have developed unisex uniforms that are not gender specific. Students who identify as gender diverse should be allowed to choose from the uniform options available at the school.

All students are required to wear items identified as necessary for particular activities, e.g. closed in shoes for practical food technology classes. A school uniform should meet requirements of work health and safety and anti-discrimination legislation.

Supporting a student who has identified as gender diverse

Support needs will vary from student to student. 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).

Where reasonably practicable, the student should be treated on the same basis as other students of the same identified gender.

Consideration should be given to each activity the student is involved in at school. It is important to consider and as necessary plan ahead for any key transition points in the student’s schooling.

Risks arising from these activities should be identified and assessed and strategies to eliminate or minimise the identified risks should be implemented so far as is reasonably practicable. Staff must be consulted where they are also potentially at risk. Activities to be considered may include:

• use of toilet and change room facilities
• excursions including overnight excursions
• school sport
• curriculum
• health care planning and
• gender transitioning while at school.

A sample plan for a student who has identified as gender diverse is found at Attachment A (staff only). This is a sample only – the strategies contained will not apply in all circumstances. The actual strategies required to support a student will vary according to their individual circumstances and the school they attend.

Use of toilets and change room facilities

Toilets, showers and change rooms are specific to each school. An assessment of the risk posed to the student by using the toilets of their identified gender must be undertaken. If an identified risk to the student cannot be satisfactorily eliminated or minimised, then other arrangements should be made. The need for the student to be safe is a paramount concern in these circumstances.

Students should not be required to use the toilets and change rooms used by persons of the sex they were assigned at birth if they identify as a different gender. Alternative arrangements may include using staff toilets or unisex toilets where possible. The exclusion of students who identify as gender diverse from the toilet or change rooms of their identified gender must be regularly reviewed to determine its continuing necessity.

If other students indicate discomfort with sharing single-sex facilities (toilets or change rooms for example) with a student who identifies as gender diverse, this should be addressed through the school learning and support team.

Excursion including overnight

An assessment of risk is normal procedure for all excursions. Ordinarily, a student who identifies as gender diverse should use the facilities of their identified gender or unisex facilities when available. In some circumstances, it may be appropriate to arrange private sleeping quarters.

School Sport

A student who identifies as gender diverse should be permitted to participate in most school-based sports as their identified gender. Where the sport is representative the student should compete as their identified gender. Most students will be able to continue to participate in competitive sport in their identified gender.

It may be lawful to exclude students from competing in certain sports in certain circumstances. Confidential case-by-case evaluation should occur. More information is available at:

Curriculum

All teachers should be respectful and inclusive of all students’ individual learning identity. Gender identity may be discussed in many curriculum areas including Personal Development, Health and Physical ÌÇÐÄvlog¹ÙÍø (PDHPE) classes following syllabus guidelines. Teachers should treat the topic in a manner that is respectful, inclusive and positive. Information for PDHPE teachers can be found at the department’s Curriculum Support Site.

Health care planning

Students undergoing a gender transitioning process will do so over time and in consultation with health care professionals. The process may or may not include medical treatment. The Student Health in NSW Public Schools policy should be applied by schools in relation to medication or any other health care needs the student may have.

Gender transitioning while at school

When a student advises of their intention to gender transition, schools need to provide a safe and supportive environment. It is often useful to set a date of gender transition for the student (in consultation with the student and their parent/carer) at the point of return from holidays. This allows an immediately visible change even though the personal process of change will occur over a longer period of time.

The school counsellor is likely to have an important role to play in supporting the student and their family. This could include liaising with the school and health professionals, especially in cases where the student may be experiencing difficulties in their personal relationships with family and friends. Staff may need additional professional development to enable them to successfully support the student.

The welfare and educational needs of the student are of primary importance and should be the focus of all actions taken by the school.

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Communication strategies

Communication strategies should potentially be developed and implemented for:

• the school and the student and his or her parents or carers
• the student and his or her friendship group
• other students and school staff
• the broader school community; and (potentially) the media.

For resources to support principals and school leaders in doing what they practically can to ensure their learning environments respect and value diversity – including for staff and students who are LGBTQIA+ – refer to (staff only) communications toolkit.

The student and their parents or carers

Ongoing, open and transparent communication between the school, and the student and their parents or carers is an essential part of providing the student with a safe and successful education unless the principal believes on reasonable grounds that it is not in the student’s best interest to involve the parents or carers (for example a court order has removed a parent’s parental responsibility for that student). A point of contact should be established within the school and the parents/carers and student encouraged to provide the school with relevant information. Parents and the student should be encouraged to promptly advise the school of any new or changed information, issues or incidents that occur at the school.

It is also important to encourage parents and the student to advise the school of any relevant incidents that occur outside of school. For example, it is important for the school to be advised if there has been an incident involving the student and other students on the weekend or a public holiday in order to review any plans for supporting the student at school.

The student and friendship groups

A student who identifies as gender diverse may need to discuss issues with the school counsellor (or staff member nominated by that student) such as informing friendship groups and other peers if they choose to do so. Depending on the circumstances it may also be necessary to provide support to students in the friendship group.

Other students

Students may be curious or confused if one of their peers discloses that they identify as gender diverse. They should be reassured that the student deserves the same respect and courtesy that they would extend to any other person.

Other students may have questions about the student who has identified as gender diverse, particularly when the student has transitioned while they are at the same school. Staff should be provided with a suggested response to these questions. This response should promote acceptance but will vary according to the student’s individual circumstances. The school counselling service can assist in developing this response. Legal Services may be of assistance if legal issues arise.

Consideration should be given to how gender diversity is currently dealt with in the school and whether further action is necessary to reinforce the need for tolerance and respect for diversity.

Staff

It is important to identify the staff who need to have more detailed knowledge about the student in order to provide them with a safe and supportive learning environment. This is likely to include the principal, school counsellor and year advisor (where the student is in high school). Depending on the circumstances it may also include classroom teachers and other staff that need the information in order to safely provide the student with learning and support.

It is important to remind staff that a student who identifies as gender diverse has the same rights to learning in a safe and supportive environment as all other students and that additional support for the student may be necessary. It is also important to remind staff of their professional obligations in their dealings with all students and particularly with students who may be more vulnerable.

Staff may need additional professional development to support the student. Consideration should be given to what professional development staff may need while planning for the student’s enrolment and/or transition.

The broader school community

On occasions, it is helpful if school staff are provided with a school-developed response to enquiries from the broader school community. The school should consult with the student who identifies as gender diverse and their parents to develop this response.

Media

The school should respond to any external enquiries about students who identify as gender diverse with respect for the student’s privacy, as with enquiries about all students. Any media enquiries should be referred to the Media unit on (02) 7814 1559.

Support for the extended family of the student

Siblings and the student’s extended family may find the student’s transition challenging and be adversely affected by the impact of the student’s transition on their family. Siblings and other family members can also experience bullying behaviour from peers and others as a consequence of the student’s transition. Strategies to address this should be implemented across the schools in which the student who has identified as gender diverse or their affected family members are known to have enrolled.

When a sibling, or a member of the student’s extended family, attends a non-government school it may be helpful to work with that school to coordinate support for the student and their family. Consent should ordinarily be sought from the student’s parents or carers or to allow this information exchange and coordination to occur.

Where this consent is not able to be obtained and information related to the safety, welfare or wellbeing of the student or his/her siblings or extended family is needed to help with decision making, planning, assessment or service provision then the Children and Young Persons (Care and Protection) Act 1998 can be used to seek and/or provide information and also to coordinate services. The school counsellor may be able to assist in this regard. See Legal issues bulletin 50 for more information about this process.

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Reporting requirements

On rare occasions, a parent’s or carer’s response to a student identifying as being gender diverse could give rise to a reasonable suspicion that the student is at suspected risk of harm. This could relate to the parent’s stated response to their child identifying as gender diverse but other risk factors may be present. School staff should inform their principal of any concerns about a student who may be at suspected risk of harm.

Principals need to consider whether a report to DCJ or contact with the department’s Child Wellbeing unit or some other action is required. The Mandatory Reporter Guide can help with this decision. If in doubt or if assistance is required contact can be made with the department’s Child Wellbeing unit. The department’s Child protection policy: responding to and reporting students at risk of harm and guidelines also provides guidance about responding to child protection issues.

Enrolment in a single-sex school

If the student is seeking enrolment at a single-sex school, a decision about their eligibility to enrol should be made on the basis of their identified gender. If the student is already attending school advice should be sought from Legal Services.

Record keeping requirements

It is critically important to maintain appropriate official records when supporting a student who has identified as being gender diverse. These include records of:

• information provided by health care professionals or other professionals involved in providing support to the student
• meetings of the school learning and support team, copies of programs and where applicable units of work from year advisors or other staff used to raise awareness amongst students
• staff training and orientation (including briefing of casual staff)
• consultation with parents or carers, students, staff and others as appropriate during the development of learning and support plans for the student; and
• the development and implementation of plans to provide the student with learning and support (including any health care planning) and their later review. It is also important to keep a record of who has been provided with the current version of the plan.

Schools must observe any requirements imposed by privacy legislation with most records other than risk assessment and management strategies being kept secure and accessible only to those staff that need to see them. Staff should contact EdConnect if they have specific records-related queries.

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Assistance available to schools within the department

Schools seeking resources to support a student’s transition should contact their local learning and wellbeing officer for advice.

Resources available to support schools

Gender identity is defined in the Sex Discrimination Act as the gender related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.

The NSW Anti-Discrimination Act (the NSW Act) defines a transgender person as including persons who identify as a member of the opposite sex by living or seeking to live as a member of the opposite sex or who being of indeterminate sex identify as a member of a particular sex by living as a member of that sex.

The department has a legal duty to take reasonable steps to protect all students from foreseeable risk of harm. It also has a duty under work health and safety law to do what is reasonably practicable to ensure the health and safety of students when they are at school.

Department of ÌÇÐÄvlog¹ÙÍø Resources

• Wellbeing framework for schools
• Achieving school excellence in wellbeing and inclusion (PDF 5625 KB)
• School excellence framework
• Our Plan for NSW Public ÌÇÐÄvlog¹ÙÍø
• The way we do policy | Applying an equity lens in education
• Worked example of Inclusive peer support programs (DOCX 33 KB)
• Excursions and variations of routine procedures
• Controversial issues in schools procedures
• Student voice, participation, and leadership

NSW Health Resource

• resources

Other Resources

• : For teachers dealing with transgender students

Please note that the Safe Schools Program is not, and has never been, part of the NSW curriculum and the NSW Government does not promote this program or its resources which are not to be used in NSW public schools.

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Attachment A: Sample support and risk management plan (Staff only)

This is a sample plan for students. It should be modified to suit the needs of the individual student at the particular school.