Gender affirmation procedures
Direction and guidance on supporting employees who decide to affirm their gender.
Audience
All department employees, including permanent, temporary and casual employees, school based and non-school based.
External contracted employees can refer to these procedures for guidance; however, they are encouraged to consult with their agency or recruiter to explore their gender affirmation options in detail.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
| V01.0.1 | 04/11/2024 | Updated to align language with the Public Service Commission Code of Ethics and Conduct. | Acting Director, Culture, Diversity and Talent |
| V01.0.0 | 05/09/2024 | Under the 2023 Policy and procedure review program, new policy document developed. |
Chief People Officer |
| Ongoing union consultation is occurring and amendments may be made from time to time. |
About the policy
Under the Our culture policy, the department is proudly committed to creating open, supportive and inclusive workplaces where its workforce is respected, supported, included, valued, safe and inspired to bring their whole selves to work by:
- building a diverse workforce comprised of people from all backgrounds, identities and experiences that embraces, reflects and promotes the communities that the department serves
- that the department supports its employees to care for themselves and each other by embedding employee health and wellbeing at the heart of everything.
| Term | Definition |
|---|---|
Gender |
Part of a person’s personal, cultural and social identity. Sometimes also termed ‘gender identity’, gender refers to the individual’s concept of self as male, female, or a blend of both or neither. Gender relates to how individuals understand and describe themselves, as well as how they are and wish to be recognised within the community. |
Gender affirmation |
Refers to the social, medical and/or legal steps that a person takes to affirm their gender regardless of their birth-assigned sex. Gender affirmation can happen at any point in someone’s life and is unique for everyone. It may or may not involve medical treatment, such as surgeries or hormone therapy. Each gender affirmation is different and can include any combination of the following dimensions:
|
Gender diverse |
People whose gender is not binary and/or whose gender is fluid. Sometimes used instead of or alongside the term ‘transgender or trans’, though these terms are not interchangeable. Gender diverse should not be confused with intersex. |
Gender expression/ presentation |
A person’s gender expression refers to outward social markers, including their name, outward appearance, and dress. |
Gender marker |
Refers to gender indicators, for example male (M), female (F) or non-binary/intersex/unspecified/other (X) on a birth certificate, ID or passport. |
Intersex |
Intersex people have innate sex characteristics that do not fit medical and social norms for female or male bodies. |
Sex |
Refers to the chromosomal, gonadal and anatomical characteristics. |
Trans/transgender |
A person whose gender identity is different to what was assigned at birth may consider themselves transgender or trans. |
Employee affirming their gender:
- initiate the workplace gender affirmation process with their manager and/or a Diversity and Inclusion representative
- identify changes required to support them during their affirmation
- introduce and discuss the role of any support person(s) nominated by the employee
- discuss supports they consider necessary with their manager and/or relevant support person and notify their manager of any barriers or concerns
- provide the necessary information, documents and feedback to facilitate the affirmation process
- work with their Diversity and Inclusion representative, manager and/or support person to develop a Workplace gender affirmation plan.
Manager or key contact:
- engage in a supportive manner and consult with employees affirming their gender
- support and promote dignity and respect for employees affirming their gender
- include the employee’s nominated support person in all relevant communications as agreed
- assist in identifying relevant contacts and procedures to support the employee’s workplace gender affirmation
- liaise with relevant teams such as the IT Directorate (ITD) and human resources (HR) to support the employee’s personal detail changes
- support leave requirements or any flexible working arrangements in accordance with relevant leave policies and entitlements
- seek advice and guidance where necessary and use any training available
- promote the use of and respect for appropriate names and pronouns within the workplace
- ensure their team receives necessary resources and/or communications to promote a safe and respectful workplace and team environment for the employee
- identify and promptly act to address any discrimination, harassment and bullying in accordance with the department’s Code of ethics and conduct policy document
- ensure that confidentiality protocols are guided and determined by the employee to the extent permitted by law
- recognise that it is inappropriate to ask about any medical procedures an employee may have had at any time unless the employee voluntarily shares this information with the manager.
The department’s Diversity and Inclusion team:
- work closely with individual employees to understand and meet their specific needs throughout their gender affirmation journey
- provide a single point of contact in Diversity and Inclusion for all matters
- provide leave and working arrangement advice to employees and managers relevant to an employee’s workplace gender affirmation
- provide advice to relevant business areas, including developing a workplace plan if required
- facilitate access to resources and information on gender affirmation in the workplace
- follow confidentiality protocols, as determined by the employee who is affirming their gender. Information must not be shared with any other party without the express permission of the employee who is affirming their gender to the extent permitted by law
- seek out and refer employees to support outside the department.
What needs to be done
This procedure outlines a process for employees who decide to affirm their gender. It also provides insight into the roles, responsibilities and key considerations that will aid these employees throughout their journey.
All employees must treat each other with respect and dignity regardless of gender. This aligns with the ethical framework established by the Government Sector Employment Act 2013 and NSW Department of Education (the department) Code of ethics and conduct policy document.
The department is committed to supporting trans and gender diverse employees, including employees affirming their gender, and promoting an inclusive workplace that supports all employees to bring their ‘whole self’ to work.
Every person’s gender affirmation journey is different. The process may not follow a defined timeline and can change due to circumstances (for example, financial constraints and available medical services).
The workplace gender affirmation process usually involves the steps outlined in these procedures.
1. Planning
1.1 Initiate the gender affirmation process
Employees initiating their gender affirmation process must meet with their manager and/or email a Diversity and Inclusion representative at youbelong@det.nsw.edu.au.
1.2 Identify key people who will be involved
An employee is not required to disclose information about their gender affirmation outside of what may be required to implement workplace changes.
The employee’s needs must be at the core of all planning and decision-making, including when deciding who will be involved in the affirmation process. The employee and other people involved may decide how they want to be consulted during the process, which may include regularly scheduled meetings, casual conversations, or other suitable actions. If preferred, this can involve the employee’s manager and/or a representative from Diversity and Inclusion.
An employee may seek additional support outside of their manager and may consider whether they wish to elect a support person.
1.3 Consider necessary communication
Employees affirming their gender are encouraged to consult with the department to determine which personal details are disclosed, who they are shared with, and why. The department must have the employee’s written consent before any disclosure unless disclosure is permitted or authorised by law.
The employee may wish to share information about their gender affirmation through one-on-one conversations, more formally at a team meeting or by email. They may ask their manager or a support person to attend, manage or oversee any of these communications, or act as the primary contact for any questions.
1.4 Determine what systems and information need to be updated
Managers must work with human resources (HR) and IT to determine what changes to work-based systems are required. The employee, their manager and/or Diversity and Inclusion, must agree on relevant timeframes and updates.
The manager or relevant contact person must ensure that they appropriately brief HR, IT and other people or teams who are involved in updating systems and information.
Refer to the Change of personal information procedures for instructions on accessing and updating personal information on department systems.
1.5 Discuss leave options
Employees affirming their gender may require leave or flexibility in their working arrangements to manage items such as surgery, recovery and rehabilitation, appointments or other purposes.
Employees are encouraged to discuss leave entitlements and requirements with their manager at the beginning of the process, noting that timeframes may differ for each employee undergoing gender affirmation.
Refer to the Employee leave procedure or consider making arrangements under the Flexible working policy (staff only). If existing leave options are unsuitable for an employee’s purposes, the employee may request Special leave (staff only).
1.6 Complete the gender affirmation plan
A Gender Affirmation Plan can provide guidance and structure for the employee and others supporting the employee. It usually includes key actions for the department to help an employee and may be as brief or detailed as needed. The Plan may be reviewed and updated at any time.
The department provides a workplace gender affirmation checklist and template for employees to customise based on their needs.
2. Beginning the affirmation process
2.1 Behave respectfully
All department employees are responsible for upholding its values and following its policies regarding respectful workplaces.
Colleagues may make mistakes with a person’s name or pronouns. It is best to quickly correct the mistake, apologise and move on.
The department takes seriously the deliberate refusal to use a person’s correct name or pronoun, being disrespectful about any part of their gender affirmation, gossip, and any other kinds of harassment or bullying. The department will consider disciplinary action in line with relevant employment legislation.
The department commits to securing expert or professional support to lead these conversations as needed to ensure the safety and wellbeing of employees who affirm their gender.
2.2 Inform colleagues and relevant stakeholders
Employees affirming their gender need only disclose what is practically necessary, and only to those who need to know or who are involved in the process.
Employees affirming their gender and their manager and/or key contacts will decide on a single point of contact for colleagues or other employees to whom they can direct any questions or concerns.
When a school-based employee affirms their gender, principals and executives are encouraged to contact the Diversity and Inclusion team to create a communication plan for informing students and the school community.
2.3 Prepare and provide documentation
Employees may be required to provide documentary evidence to support leave approval and update systems and records. However, they are not required to provide medical details beyond what is necessary for sick leave approval.
Employees legally affirming their gender must provide documentary evidence of legal name change (for example, a certified change of name certificate showing the new legal name or a passport) to update HR and Payroll systems that correspond with external superannuation and tax records.
Employees may access the Change of personal information procedure for details on the documentary evidence required to change their personal information with the department.
2.4 Update personal information
Employees affirming their gender must update their personal information with the department and they will need to initiate this process.
Refer to Change of personal information procedure for more information.
Before submitting the personal information update request, the manager or relevant contact person must brief the people and teams who will update systems and information (section 1.4 Determine what systems and information need to be updated).
3. Ongoing support
Any plan or agreement is a living agreement for the period of the employee’s affirmation. Revisions and updates to any plan must be discussed and agreed between the employee, the manager and other relevant people.
Mandatory tools and templates
Supporting tools, resources and related information
- Workplace gender affirmation checklist (PDF 208 KB)
- Workplace gender affirmation plan template (PDF 2.9 MB)
- Flexible working procedure
- Leave (staff only)
- NSW Public Service Commission – LGBTIQA+ inclusion
- TransHub
- ACON – HIV and LGBTQ+ health organisation NSW
- ACON – Pride Inclusion Programs
- AusPATH – Australian Professional Association for Trans Health
- Code of ethics and conduct policy document
- Employee assistance program (staff only)
Policy contact
The Executive Director, People, Culture and Capability monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.