Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 79

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

    (2)     For this Act, the sex of the detainee is taken to be—

        (a)     the sex chosen under subsection (3); or

        (b)     if subsection (4) applies—the sex chosen with approval under subsection (4).

    (3)     On admission to a correctional centre—

        (a)     the detainee may tell the chief executive the sex the detainee chooses to be identified with; or

        (b)     if the detainee fails to make a choice under paragraph (a)—the chief executive may choose the sex the detainee is to be identified with having regard to the report obtained under subsection (5).

Note     Fail includes refuse, see the Legislation Act, dict, pt 1.

    (4)     The chief executive may, on application by the detainee, approve a change in the sex the detainee chooses to be identified with, having regard to the report obtained under subsection (5).

    (5)     Before making a decision under subsection (3) or (4), the chief executive must obtain a report by a doctor appointed under section 22 (Health professionals—non-therapeutic functions) about the detainee's sexual identity.

    (6)     The chief executive must—

        (a)     give the detainee written notice of a decision by the chief executive under subsection (3) or (4); and

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

Examples of effect of this section

The conduct of searches of the detainee, and the allocation of accommodation and sanitary facilities for the detainee, would be on the basis that the detainee was a person of the chosen sex.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).