 This fact sheet is available as a print friendly pdf in: English |
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Female circumcision, or “traditional female cutting”, is against the law in Victoria.
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What the law in Victoria says about this practice?
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In Victoria the following practices are illegal:
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- removing or cutting of any part of the female genital area (excision), including the clitoris and labia
- stitching up the female genital area (infibulation)
- any procedure to narrow or close the vaginal opening
- cutting the clitoris or part of the clitoris
- damaging or mutilating the genital area.
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It is against the law in Victoria to:
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- circumcise a woman, young girl or any child under the age of 18
- take a person out of Victoria to be circumcised. This means you cannot go to or take a person to another state or country to have this practice done.
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Even if someone agrees to have circumcision done, or their parents have provided permission, it is still illegal.
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What happens if someone breaks the law?
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A person is breaking the law if they;
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- do the procedure
- help someone to do the procedure
- find someone to do the procedure.
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The punishment is a prison sentence of up to 15 years.
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Are there any surgical procedures which are allowed?
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Surgical procedures on the vagina can be performed by a medical doctor when:
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- the procedure is necessary for the health of a person and only performed by a doctor
- it is medically necessary during labour or immediately after the birth and is performed by a doctor or midwife
- it is a sexual reassignment procedure (a sex change) which is performed by a medical practitioner.
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It can only be done if it is for the medical welfare of the person or to relieve physical symptoms.
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Can a woman be re-stitched (re-infibulated) after childbirth or after any other type of gynaecological procedure?
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Yes. If a doctor thinks it is necessary for a person’s health then re-stitching can be done. For example, if a woman has experienced tearing after the birth of her child she can be stitched. If this is necessary the doctor will do it in the hospital.
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Who reports female circumcision (traditional cutting) in a child to the authorities?
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In Victoria female circumcision is illegal and is considered child abuse if performed on a person under the age of 18. This means that people in occupations that work with children have to notify the Department of Health if they suspect a child has been circumcised. Those people include: doctors, nurses, teachers, child care workers, and police, however anyone can make a report to Department of Health. (Children, Youth and Families Act 2005 section 162)
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References
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- Children, Youth and Families Act 2005
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- Victorian Crimes Act 1996
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For further information contact:
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The FARREP workers at the Women’s are available Monday to Friday, 9am to 5pm
Tel: (03) 8345 3058
Email: farrep.program@thewomens.org.au
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Fax: (03) 8345 3053
You can also talk to the FARREP worker at your local community health centre.
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Disclaimer
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The Royal Women’s Hospital does not accept any liability to any person for the information or advice (or use of such information or advice) which is provided in this fact sheet or incorporated into it by reference. We provide this information on the understanding that all persons accessing it take responsibility for assessing its relevance and accuracy. Women are encouraged to discuss their health needs with a health practitioner. If you have concerns about your health, you should seek advice from your health care provider or if you require urgent care you should go to the nearest Emergency Dept.
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Published October 2010
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