School & University

For some trans and gender diverse people, social affirmation might begin at school, university, or TAFE.

This will differ from person to person, depending on factors such as age, the level of support and resources available at home and at school, and what is wanted.

…The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of the gender-related identity, appearance, mannerisms or other gender-related characteristics of the person.

Transgender Quick Guide, The Australian Human Rights Commission 1

While there are some exceptions to this, you have the same right to equal education opportunities as everybody else. Some people might want to be completely out in all aspects of life, and others may not want to be out at all. As long as you feel safe, and there are places in your life where your gender is valued and supported, there’s no wrong way to be yourself.

This page covers a range of ideas for gender affirmation in various education institutions, and your rights in each of them.

If you feel you’ve been treated unfairly, it is possible to make a complaint. Find out more below and at our Rights And Justice page.

The NSW Department of Education has made a number of supportive statements about the treatment of trans students in NSW public schools.

Name and pronouns

Changing your name at school can be a simple and straight-forward process.

If you are under 18, and both carers or guardians agree, your new name can be used and recorded as a first name by the school, including on electronic and paper records. If one or more carer or guardian does not agree, a decision can be made by the principal about what will be in your best interests.

This decision should have regard to the age, capability and maturity of the student and can be informed by advice from a health care professional about the potential impact on the student’s well being of declining to use and record the student’s preferred first name.

Legal Bulletin 20, NSW Department of Education 2

After your enrolled name has been changed, you should then be referred by that name by all staff. Your pronouns should also be used.

Students over the age of 18 can be enrolled with whatever name you choose. You can update all records yourself.

Uniforms

The NSW Department of Education states that trans students “…should be allowed to choose from the uniform options available at the school3.”

Bathrooms and changing rooms

Legal Bulletin 55, published by NSW Department of Education states that:

…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.

This may mean that you are able to use the facilities that best affirm your gender. An all-gender, or single cubicle toilet might be a good alternative if you feel uncomfortable about using shared bathroom facilities, but this shouldn’t be offered instead of allowing you to use the bathroom of your gender. If you are non-binary, you can choose the facilities that feel most affirming.

Excursions and overnight stays

The NSW Department of Education states that “an assessment of risk is normal procedure for all excursions. Ordinarily, a student who [is] transgender 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”.

This means that you should be able to use the facilities of your identified gender, or use all-gender facilities when available.

Results certificates

If you have legally updated your name, you are able to correct all certificates with the Education Standards Authority including:

• Higher School Certificate

• School Certificate

• Record of School Achievement

• Leaving Certificate

• Intermediate Certificate

To update any of the above forms, you are required to provide your existing results paperwork, a form of ID with your updated name, along with the replacement application form.

You can use a current passport, driver licence, proof of age card, or birth certificate as your form of ID. This process costs between $46.70 and $90.40 depending on how urgently you require the new document.

To change any awards or certificates issued by your school, you will have to contact the school directly, and ask about the cost and process involved.

Teacher education

An important part of affirming trans students in schools is the continuing education and support of teachers and staff. If there’s a staff member or member of faculty that you know and trust, you can ask them to advocate on your behalf.

This support might mean starting a Gender and Sexuality Alliance (GSA) - where LGBTQ+ students and allies can meet and get to know each other, distributing resources in schools and requesting training for staff and students such as through the NSW Teachers Federation or organisations including Twenty10.

More information for teachers and educators supporting trans students is on our Educators page.

Name and pronouns

Students over the age of 18 can be enrolled in an institution under a preferred name, even if this is not your legal name.

Bathrooms and facilities

The NSW Anti-Discrimination Act is clear that it is unlawful to discriminate or vilify against someone on the grounds of an actual or perceived ‘transgender status’. This doesn’t mean bathrooms are always a safe place to be, even though they should be. Refer to your university/TAFE student services department for support. Programs like Pride in Diversity support tertiary education settings across the country to improve safety and access for trans and gender diverse students.

University-wide support and statements

Some universities and tertiary education institutions affirm their support of trans and gender diverse people as a policy or statement, like the University of Sydney, or have a plan in place that outlines how they aim to support LGBTQ+ people, like Deakin University.

Guides like the Deakin University Gender Transition Guide [PDF] and RMIT’s Supporting Gender Affirmation Guide [PDF] are also a great tool to help you think about how you might want to engage in gender affirmation at your uni or place of study.

Certification and results

If you have legally updated your name, you should be able to correct the name listed on any relevant degree documents, certificates and other awards.

The process for this will vary depending on the educational institution, but a form of ID such as a passport, driver licence or birth certificate should suffice for a name change.

Some institutions may additionally require a statutory declaration explaining that you have legally changed your name.

Queer societies

Many trans and gender diverse people join their university queer group or society in order to have a dedicated safe space to relax, unwind, meet and get to know other trans and LGBTQ+ people, and to study. If your university doesn’t have a queer society or space, consider starting one.

Lecturer and tutor education

An important part of affirming trans students is continuing education and support for teachers and staff.

More information for teachers and educators supporting trans students, is here.

Some trans people at school, university or TAFE report experiences of bullying or discrimination, from both staff or other students [4]. This is unlawful, which you can read more about below on our Rights and Justice page. No one deserves to be bullied for who they are. Resources have been developed including Bullying: No Way.

Twenty10 and ACON worked together to update the Guide to Supporting Trans Young People at School, first launched in 2012, for school and education communities. It is underpinned by the belief that all young people deserve strong support so that they can reach their full potential. Education professionals have voiced concerns about how best to support young people who are trans or gender diverse. Often this is simply because educators do not have enough knowledge or confidence.

Wear It Purple is an organisation that works to create safe and inclusive environments for LGBTQ+ young people, through awareness campaigns, providing resources, and a national day of support. Whether you’re a student or a staff member, you can register your interest to be part of an event, or even create your own.

Every student in Australia has a right to an education free from discrimination, including trans and gender diverse students.

In some cases, private and independent schools are exempt from anti-discrimination legislation that provides protections on the grounds of transgender status or gender identity, but all schools have a duty of care to protect and nurture the health and wellbeing of their students.

If you have experienced any discriminatory behaviour from your school, check out our rights and justice page for more information including how to make a complaint.

In almost every part of our lives and education, trans people have the same rights as cis people. It is unlawful to discriminate against a person who is trans, or is presumed to be trans, and this includes in in education.

For more information about your rights, you can visit our Rights and Justice page. You can also contact the Inner City Legal Centre who offer a state-wide free legal service for trans and gender diverse people.

Justice Connect has also put together a great resource about your legal rights at school as a trans or gender diverse young person, which you can find here.