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Legislative Assembly for the ACT: 2003 Week 3 Hansard (13 March) . . Page.. 1069 ..


MS DUNDAS

(continuing):

The new definition that we are debating now goes some way to fixing the problem by removing the narrow phrases of talking about the same or opposite sex. I believe that it is the best definition that we have at the moment. I would like to note that if, as a result of the ongoing consultation process, a better definition is found, then I would be happy to look at that as well.

I do commend this amendment to the Assembly. It is incredibly important to a number of people in our community who recognised that we did need to have separate definitions for transgender and intersex people. They are quite distinct groups in our community. I do hope that the Assembly will support this amendment.

MR STEFANIAK

(5.22): The opposition is happy with that course of action. I am pleased that Mr Stanhope and Ms Dundas have sorted out the intersex definition. I know how much work Ms Dundas has done on that and we now have a similar definition there. So, in terms of this course of action, the opposition is happy with that.

I have one more point to make which I believe would be best made just before we wrap up the whole debate. The appropriate time is probably just prior to the question being put that this bill be agreed to. I will have one more comment then on behalf of the opposition.

Amendment agreed to.

Remainder of bill, by leave, taken as a whole.

MS DUNDAS

(5.23): I seek leave to move the remainder of my amendments together.

Leave granted.

MS DUNDAS

: I move the remainder of my amendments-Nos 5 to 30-together [see schedule 2 at page 1083].

The first amendment is the most important, so I will speak briefly to that. It inserts the new definition of intersex person into this legislation. That came about as a result of concerns from the community that the government's original proposal had an incorrect definition of intersex and was included with the transgender definition.

The inclusion of a separate definition for intersex people is necessary because intersex people should also have access to provisions which allow the transgender community to elect the gender of the person conducting a body search. The new definition was developed in consultation with the intersex community and I am confident that it better reflects the reality of intersex conditions.

I would like to respond to something the Leader of the Opposition raised when we were debating this on Tuesday. At the time, the Leader of the Opposition quoted from an email from the Androgen Insensitivity Syndrome Support Group of Australia, saying they had not had enough time to consult on this legislation and were concerned about the definition.


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Acknowledgement of Country

We acknowledge the Ngunnawal people as traditional custodians of the Canberra region. It is also an important meeting place for other Aboriginal peoples. We respect their continuing cultures and value the contribution they make to life in the ACT.