NSW barristers have been instructed to never assume the gender identity of people interacting with the court system, and are being encouraged to “start the conversation” about preferred pronouns with a witness or client in case they feel intimidated to do so themselves.
Three state judges and Sex Discrimination Commissioner Anna Cody last month launched the NSW Bar Association’s LGBTQIA+ Language & Pronouns Guide, which educates barristers on the importance of addressing stakeholders by their appropriate pronouns.
The document also provides a glossary of alternative pronouns to traditional male and female – such as “xe/xem/xyrs” or “sie/ze/hir/hirs” – and discourages barristers from using terms such as “transitioning” or “transgendered”.
“You should not ask: What pronoun do you prefer?” the guide, backed by the bar association’s LGBTQIA+ Advocate for Change Mark Seymour SC, reads, adding: “This is because it is not a question of preference.”
The two-page manual features a list of common terms for barristers to familiarise themselves with, including “brotherboy” – a descriptor used by Aboriginal Australians who have “a male spirit and take masculine roles within the community”.
It also defines acronyms “AFAB”, “PFAB” and “DFAB” – assigned female at birth, presumed female at birth and designated female at birth – and “AMAB”, “PMAB” and “DMAB” – assumed male at birth, presumed male at birth and designated male at birth.