We wrote this guide for Victorian public sector managers who are supporting employees to affirm their gender.
Don’t worry if you don’t know what gender affirmation is yet – we explain it in the next section of this guide.
By following this guide, managers will:
As you read this guide, keep in mind:
While we wrote this guide for managers, we recognise you’re likely the person who will read this first and make your manager aware of it.
In this guide, we have stressed you will lead and plan your gender affirmation in the workplace at your own pace.
With your manager, you can decide how to follow the advice in this guide and how to use the gender affirmation plan template.
You have a right to a workplace free from discrimination, bullying, sexual harassment, vilification and victimisation.
We hope this guide means your manager can support you to have a safe gender affirmation in your workplace.
Adapt your policies and guides about gender affirmation to align with this guide.
This guide aligns with the leave provisions under clause 58 – Gender Transition Leave in the Victorian Public Service enterprise agreement.
See more advice on this leave in the gender transition leave common policy.
We developed this guide in consultation with:
Contact us if you have feedback on the language we use or the advice we give in this guide.
If gender affirmation is new for you, there can be a lot of new language or terms to get familiar with and learn.
In the trans, gender-diverse and non-binary community, language can change over time. The same words may have different meanings for some people than others. Always check what language or terms your employee would like you to use.
In this section, we’ve outlined some basic terms and concepts from the inclusive language guide and Pride in our future strategy.
These concepts aren’t definitive. Your employee may use different definitions.
Some people use the terms ‘sex’ and ‘gender’ to mean the same thing. But there are a few differences to be aware of.
Our sex is usually recorded at our birth based on our visible sex characteristics. Most people understand their sex as either female or male.
There is also part of the population born with intersex variations. Most people with intersex variations identify as female or male.
But sex is not the same as gender.
Gender is your own internal sense of who you are, as a woman, man or someone else. It’s how you feel about yourself and express this to others. We all express our gender in many ways, such as through behaviour or appearance.
The culture or society we live in determines a lot of our ideas of gender.
Some terms your employee may use to describe gender include:
Your employee may have used a term previously to describe themselves, such as man or woman.
Gender affirmation is a process your employee undertakes to change this way of describing themselves.
For example:
Some people may refer to gender affirmation as gender transition. Or others may find the term ‘gender affirmation’ too strong and prefer a term like ‘exploring their gender’.
The gender affirmation process is one of self-identification that must be led by your employee.
If they discuss their gender with you, never question the authenticity of what they’re saying. They’ve likely thought about this for a long time.
Your employee’s gender affirmation may also not have a clear start or end point. Their gender expression may change over time.
Your employee may go through physical, emotional, legal, medical and social changes. And they can be positively or negatively affected by the way others react to these changes.
This can be a time of celebration, but it may also come with apprehension and anxiety.
The LGBTIQA+ inclusive language guide describes intersectionality as:
“how different parts of a person’s identity or circumstances – such as age, race, culture, disability, gender, location or religion – intersect and combine to shape people’s life experiences, including of discrimination.”
With gender affirmation, your employee’s experience may intersect with other parts of their identity.
This means they may talk about gender differently to others or what we’ve written in this guide. And depending on their culture, your employee may express gender in a variety of ways.
Their intersectional identity may also create different layers and types of discrimination or disadvantage for them.
Work with your employee to understand how other parts of their identity may impact their affirmation.
For example, your employee may:
Pronouns are words like ‘she’, ‘he’ and ‘they’ or something different. Your employee may change their pronouns to match their gender.
If you’re unsure about someone’s pronouns, use the gender-neutral terms ‘they’ and ‘them’ or the person’s name until you have a chance to confirm with them privately.
To support inclusive pronoun use, you can:
Misgendering is when we use language that doesn’t match someone’s gender.
If your employee changes their name, some people may use their old name (also known as ‘deadnaming’, a term describing use of a person’s former name without their consent).
Misgendering or using the wrong name is usually something we do by mistake as we adjust to changes in names and pronouns.
It’s okay to make mistakes! This will happen as everyone adjusts to the new changes. But these mistakes can be stressful and upsetting for your employee as they affirm their gender. Persistent misgendering may be a form of discrimination or bullying.
If you or someone in your team misgenders or uses your employee’s wrong name:
A great way to practice a new name or pronoun is to always use it, even when the person isn’t present.
Organisations and managers have a responsibility to ensure trans, gender-diverse and non-binary employees have a supportive environment to work in.
And while many organisations want to support trans, gender-diverse and non-binary employees, they don’t always know how to.
Here is a list of ideas you or your organisation can implement.
As every organisation is different, check who is responsible to lead these in your workplace.
For a list of training providers:
Your organisation must maintain safe, inclusive and respectful environments.
Be aware of and comply with your occupational health and safety legal duties.
Each trans, gender-diverse and non-binary employee is unique and will have a different affirmation experience.
Your role is to support your employee to affirm their gender at their own pace.
Work alongside them to create an affirmation experience that ensures their needs are met.
It’s against the law to discriminate against someone based on their gender identity, sex and sex characteristics, such as someone with intersex variations.
All public sector employees must be respectful and not discriminate against any person:
Make sure you’re familiar with your legal obligations to prevent discrimination in the workplace.
Some areas of legislation are more challenging to navigate than others, for example, exploring options for all-gender facilities. Always ask your people and culture and facilities teams for advice.
Your employee may decide to change their name.
This is an ongoing process, as it requires them to update every documented aspect of their life.
If your employee decides to change their name, it’s important everyone uses their affirmed name when they become aware of it – and not wait for any legal changes.
Your role as a manager is to provide your employee with support and help them with any changes in your organisation’s systems or record keeping.
For example, they may need to update their personal details with your organisation and other agencies, such as the Australian Tax Office.
An action in the Pride in our future: LGBTIQA+ strategy 2022 to 2032 is to:
Drive a centralised approach to support LGBTIQA+ Victorian Public Service employees through the Victorian Public Sector Commission.
As part of this action, we have commenced a project so trans, gender-diverse, non-binary and other affected employees can:
The high-level scope of this project will look at the:
Right now, we’re still planning the project. But we’ll update this section with project updates as they develop.
For more information about this project, email [email protected].
Updates to corporate systems can be complex and may need more than one person to get involved.
When employees join the public sector for the first time, many organisations will create a profile for them. This profile keeps a track of things like:
Even if an employee has a preferred name (or hasn’t updated their legal name to the one that matches their affirmed gender), they may need to enter their legal name for an organisation to do things like:
When an employee changes jobs in the public sector, their profile may ‘move’ with them – including all the information in it. Or their new organisation will create a new profile that’s linked to their old profile to track accrued benefits.
As a result, an employee’s name or gender from an old profile may be retained that doesn’t match their affirmed name or gender. And if care isn’t taken to investigate this and put solutions in place, your employee could be placed in distressing situations, such as:
As this is a sensitive area that will likely require your employee to disclose information about their affirmation, always let your employee know:
Cenitex manage some IT systems for public sector organisations.
If this applies to your organisation, contact your Cenitex representative to ask them for advice on any system changes. You may need to do this through your corporate services or IT team.
If there are any conflicts with your employee's previous names or gender and their affirmed name and gender, work with your organisation's corporate services, IT and people and culture teams to resolve the issues.
Have your IT area ready to act if something doesn’t work as planned. You may want to make IT or corporate services part of this plan.
Ask your employee how they want you, your team and your organisation to handle enquiries about them or the work they’ve done in the past. For example:
As part of this process, your employee’s appearance may change. Give them time and space to adjust.
Unless they’ve asked you to, it’s not polite to comment or give them feedback on this process, even if you think you’re giving a compliment.
If your employee must wear a uniform to work and you have different uniforms for male and female staff, they can choose which one to wear.
Regardless of your employee’s choice, you can still expect them to meet the appearance and behaviour standards for the role they’re in.
But it’s against the law to deny someone’s right to express their gender with what they wear, based on what stakeholders, customers and clients prefer.
With the team responsible for facilities, explore what facilities your employee can access that they would feel most comfortable using with their affirmed gender. For example, change rooms and toilets.
Keep in mind that some buildings used by the public sector are more challenging to find options for than others, particularly in older buildings. It can take time to work out a solution that meets all legislated requirements.
Not allowing your employee to use the facilities they want may be discriminatory under the Equal Opportunity Act 2010. It may also make your employee feel uncomfortable coming into the office.
As a manager, you have a positive duty to eliminate discrimination as far as possible.
This means you must try to create an environment where unfair treatment and unacceptable behaviour are unlikely to happen.
To support your employee, you can:
Your employee has the right to choose what information they want to disclose.
If they disclose anything, you must handle their information as private and confidential in line with:
Your employee may or may not want to inform others of their gender affirmation.
This is their choice. You can’t share or discuss their affirmation with anyone without their explicit consent.
In many cases, people affirming their gender may wish to keep a low profile and may not want the attention of a formal announcement.
Ask your employee if they want to inform others. If they do, ask them:
Be prepared if your employee chooses to have their affirmation kept confidential, as you may need a discrete process.
Also consider what steps your organisation needs to take to create awareness, educate others and create a safe environment for your employee.
Some organisations have systems or processes that mean some third parties will see your employee’s information.
For example, if your employee needs to:
In these situations, your employee’s identity as trans, gender-diverse or non-binary may be shared with people they weren’t aware of.
Every organisation is different. So let your employee know this may happen so they’re fully informed.
To support your employee, you may offer to help them make some of the changes. For example, name changes in IT or finance systems or applying for leave.
Flexible work is the Victorian government’s default position.
Work with your employee to agree on what arrangements they need to support them on their affirmation.
Without your employee’s consent, you must not change their working arrangements because they intend to affirm their gender.
If your employee works in the Victorian Public Service and is covered by the Victorian Public Service enterprise agreement, they may be entitled to access paid leave to affirm their gender under clause 58.
Under clause 58, the agreement entitles an eligible employee to access:
This leave gives your employee the time they may need to be away from the workplace to support their gender affirmation.
Your employee isn’t required to be undergoing specific types of changes, such as surgery, to access gender affirmation leave.
Eligible employees can take this leave flexibly with approval of their employer.
See more advice on this leave in the gender transition leave common policy.
Casual employees aren’t entitled to access paid leave for gender affirmation.
Under clause 58.5 of the agreement, casuals are entitled to access unpaid leave.
This gives you an idea of what a gender affirmation process could look like.
No two gender affirmations are the same, nor will have a clear start or end.
How your employee wants to plan their affirmation, the timing to implement and who to share it with will vary from person to person.
Your employee doesn’t have to share any information about their gender affirmation with anyone.
They can decide the extent to involve your organisation and may wish to discuss their intent first with:
This is so they can help arrange support such as an informal measure, like helping them talk with the team. Or a formal measure, like a gender affirmation plan.
If your employee decides to involve your organisation, set up a time to talk with them.
They may want to bring a support person with them, such as:
In your conversation, you may want to cover these things:
Your employee doesn’t need to share anything they don’t want to, answer any questions or educate others about their affirmation.
How you support your employee depends on what you agreed to in step 2.
To develop the plan, collaborate closely with your employee. They may want to include a support person to develop the plan.
Your employee must approve the plan before you initiate it. You also need their consent to share anything about them with anyone.
Also ensure you’ve made your employee aware of the potential for third-party access to their information.
You may want to use our gender affirmation plan template, which aims to:
The plan covers things like:
Your employee can choose to develop a gender affirmation plan at any stage – even if they didn’t want one to begin with.
You can still support your employee without a plan. Check-in regularly and remind them they can raise any concerns with you.
If you don’t know how best to support your employee, remember you’re not alone. You’re not expected to know everything or what to do.
You can:
Here are some things you can do to prepare your team:
Your employee’s gender affirmation plan may have a set date for official changes in the workplace. Or they may or may not want to take a staged approach. Some employees may want it to happen very quickly.
Following the plan helps set the tone for a positive experience and helps manage the steps everyone needs to take to create a safe working environment.
All gender affirmations are different. Your employee may want to quietly get on with their day or celebrate it loudly.
Here are some ideas to help set a positive tone for your employee’s experience:
Only implement what you’ve agreed to with your employee. Check-in with them regularly in case they’ve changed their mind on things you agreed to earlier.
If your employee consents, set a timeframe or process to do this.
People may take time to adjust to your employee’s affirmed gender.
They may make mistakes, such as using the wrong pronouns or name. If it becomes a pattern, it could be a sign of discrimination, bullying or harassment.
This could include:
It can be deeply hurtful to use someone’s former name or pronouns and could be against the law.
If you suspect any behaviour like this, monitor and take action to address it in line with your organisation’s policies.
Employers have a positive duty to eliminate discrimination as far as possible.
We’ve written this template as if you’re having a conversation with your employee as their manager. Unless otherwise stated, the questions are for you to ask your employee.
Use it to help plan and guide your conversation with them to create a gender affirmation plan.
These questions are a guide and what you use may vary from person to person and organisation to organisation.
Check with your people and culture or diversity teams if you want more advice.
Before you meet with your employee about this plan, send a copy to them. Gender affirmation is a process led by them and won’t always have a clear start or end.
This means your employee may not be ready to answer every question in this plan. Or even know how to answer every question. Your employee can pick what questions they’re ready to answer at any time.
Under each question, write a list of actions including a timeframe and who is responsible to implement them.
Ensure your employee knows they only need to disclose the information:
Before anyone implements actions in this plan, check with your employee if the plan is consistent with what you have agreed or if they want any changes.
If your employee agrees, set up a time to revisit the plan in case they want to make changes. Or let them know they can contact you at any time to make changes.
The affirmation plan is a confidential and sensitive document. You must handle all information in it to comply with all relevant privacy laws and your organisation's policies.
Make sure you:
Also ensure you’ve made your employee aware of the potential for third-party access to their information.
Anyone can provide them with support. Examples include a co-worker, a family member or friend, a union representative, or whoever they choose.
Examples may include your director, manager, a co-worker or the diversity and inclusion team.
If you choose to inform others of your gender affirmation:
An employee can decide not to include their direct manager as part of their gender affirmation.
If an employee’s manager isn’t part of their gender affirmation, the manager needs to be informed before the employee tells their team:
Corporate and IT system changes are complex.
Read our advice on the complexities of corporate and IT system changes so everyone understands what to expect.
If you choose to update your details:
If there aren’t, work with your facilities team to look at options for your employee.
If there aren’t appropriate facilities for your non-binary employee or they’re unsure, work with your facilities team to explore options.
If your employee would like to access wellbeing support, find out what is available in your organisation with your relevant teams.
Also see our list of resources and advice on gender affirmation.
You need to be aware of what actions your organisation can take in response to unwarranted and unacceptable behaviour.
If an employee has a workplace grievance or issue, it’s usually best they raise this with their manager or people and culture team first.
But your employee can also:
If the Victorian Public Service enterprise agreement covers your employee and they’re directly affected by a decision made or action taken due to clause 58 of the agreement, they may:
See more advice on this leave in the gender transition leave common policy.
For more on being an inclusive manager, read:
Your organisation may have an employee-led network as part of the Victorian Public Sector Pride Network
Volunteers run this network but may be able to direct you to people or resources you can use.
Always speak with your people and culture or diversity and inclusion teams for advice on:
Check if your organisation’s support services are equipped to provide advice on trans, gender-diverse and non-binary people. Some services don’t have expertise in this area.
These organisations can give you or your employee professional advice or wellbeing support on gender affirmation:
This is a sample of some healthcare providers who may be able to support your employee: