Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 189

    (1)     This section applies to a transgender or intersex young detainee.

    (2)     On admission to a detention place—

        (a)     the young detainee may tell the director-general the sex the young detainee chooses to be identified with; or

        (b)     if the young detainee fails to make a choice under paragraph (a)—the director-general may choose the sex the young detainee is to be identified with having regard to the presentation of the young detainee on admission to the place.

Note     Fail includes refuse, see the Legislation Act

, dict, pt 1.

    (3)     The director-general may, on application by the young detainee, approve a change in the sex the young detainee chooses to be identified with, having regard to any report obtained under subsection (4) or (5).

    (4)     Before making a decision under subsection (2) (b) or (3), the director-general must obtain a report by a non-treating doctor or other non-treating health practitioner about the young detainee's sexual identity.

    (5)     The director-general may also obtain a report by a non-treating doctor or non-treating health practitioner about the young detainee's sexual identity chosen under subsection (2) (a) if the director-general believes on reasonable grounds that obtaining the report—

        (a)     is in the best interests of the young detainee; and

        (b)     is necessary to make a decision in relation to the young detainee's placement or case management.

    (6)     The director-general must—

        (a)     give the young detainee written notice of a decision by the director-general under subsection (2) or (3); and

        (b)     ensure that the young detainee's sex chosen under this section is entered in the register of young detainees.

    (7)     For criminal matters chapters, the sex of the young detainee is taken to be the young detainee's sex entered in the register of young detainees under subsection (6) (b).

Examples—effect of this section

The conduct of searches of the young detainee, and the allocation of accommodation and hygiene facilities for the young detainee, would be on the basis that the young detainee was a person of the sex chosen and entered in the register of young detainees.

Note     The young detainee may require that either a male or female conduct a search (see s 250 (2) (Searches—transgender and intersex young detainees)).