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Legislative Assembly for the ACT: 2002 Week 10 Hansard (28 August) . . Page.. 2989 ..

MR STANHOPE (continuing):

Similarly, the Periodic Detention Act 1995 contains some potentially discriminatory provisions that may be dealt with quite simply. This act contains provisions requiring that a body search of a detainee must be carried out by a person of the same sex as the detainee and must not be conducted in the presence or view of a person who is of the opposite sex to the detainee.

This provision may have an ambiguous application to transgender and intersex detainees. This ambiguous application may be simply dealt with through the inclusion of a provision to define the sex of a transgender or intersex person as the sex with the which the person identifies. Such a provision is already included in the Crimes (Forensic Procedures) Act 2000.

Given the range and complexity of some of the issues that have been identified, the preliminary view is that amendments to legislation might proceed in two stages. The first stage would consist of changes that are unlikely to be contentious and/or complex. Included in this category would be matters such as probity requirements and body search arrangements for transgender and intersex persons in the Periodic Detention Centre. These types of issues are non-contentious and may be addressed relatively quickly. The department has advised me that there are some 39 acts and regulations that would fall into this category.

Other legislation raises much more complex issues, some of which I have touched on today. Included in this category would be legislation dealing with issues such as adoption, recognition of same-sex partners in relation to children and succession matters. Any amendments to legislation in this category should be undertaken only following detailed consideration of all relevant issues and a extensive public consultation process.

I am happy to advise members that it is my intention that amendments be developed to the 39 acts and regulations the department has identified as requiring only minor and non-contentious amendment-in other words, tidying up provisions which, had they come to the attention of any government, would have been addressed.

Over and above that, there is another category of provisions that discriminate in about 30 acts and regulations which require some detailed policy consideration and in respect of which the government believes it would be appropriate to develop a paper along the lines Ms Dundas suggests in her motion, which would be used as the basis for detailed consideration and in consulting or communicating with the community about a range of other issues that need to be dealt with in relation to discrimination against gay or lesbian people or transgender or intersex couples.

In the context of the significant work and progress of the government in this area, I would seek leave to move two amendments I have circulated, which do not detract from the import of Ms Dundas' motion.

Leave granted.

MR STANHOPE: I move:

(No 1) Delete all words from and including "That this Assembly calls on" to and including "The report will include but is not limited to:".

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