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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 158 ..

behaviour. You would say there is a real need for strong anti-vilification laws; similarly here.

Yes, there are a number of offences with which people who really misbehave could be charged. However, this has served the test of time. It is an additional offence, which I think everyone appreciates, that in these public baths, if you are six or older, you change in the same-sex change rooms. You said in the media, “It is homophobic,” but it is far from it. I think that, if you were homophobic, you would be delighted to have unisex change rooms. Far from it; it is just a matter of something that has served us well, of modesty and of people feeling comfortable in a public situation where they are changing in and out of their clothes into their costumes to go swimming. Basically, that is what this does.

Mr Hubert has sent his concerns to both you and Ms Gallagher. Regarding one instance that concerns him, he states:

On the issue of public bathing it is not hard to envisage an adventurous person entering an area to look and see. If he or she is not behaving offensively or exposing his or her person they do not offend the crimes Act so far as I am aware. It is a case of desexing law from reference to male and female. The community is composed of male and female and to enact legislations does not change the way people are made.

In the real world there are people who take technical points and will if you let this one past.

If there is a real transgender issue you could merely create a defence based on appropriate medical and psychological evidence.

Please again consider your position as I genuinely believe you are taking a very dangerous direction.

You do not need to go down this particular path: it is completely unnecessary. There are other ways in which you can address this problem. I think it probably only affects a very tiny proportion of people in our community, but you say there are some problems with transgender people and intersex people.

The amendment I have prepared here, with parliamentary counsel’s assistance, enables that situation to be taken into account because it retains the current law. I do not agree with your considerations there: it is something that has served us well. It is something that has been around even when we have had the 10-years rule and the eight-years rule for children. No-one has had any real problem with that before today and you are changing it. You say it is a problem. No-one has come to me about that but let’s just say that it is a problem in relation to transgender or intersex people.

The amendment here includes a provision to ensure that the problem you have identified is overcome. You say:

For this section, if the bather is a transgender or intersex person, the bather is taken to be a member of whichever sex the bather identifies with by living, or seeking to live, as a member of that sex.

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