Schedule 14: Interpretation Act 1987
The proposed amendments could impact legislative clarity, women's rights, child protection, and societal views on sex and gender in legal contexts.
Proposed Changes:
The amendment aims to change the heading from "Gender and Number" to "Number" and remove paragraphs (a), (d), and (e). These paragraphs currently ensure that gender-related language includes all sexes and that singular terms include plural interpretations and vice versa.
Concerns:
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Misuse of the Term 'Gender': Removing specific references that ensure inclusive interpretation across all sexes might shift the understanding from a biological basis to an ideological one. This could introduce ambiguity and potentially erase legal recognition of biological differences, which are important in areas like privacy, safety, and fairness in sex-specific spaces.
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Potential for Increased Legal Ambiguity and Conflict: Without explicit requirements for gender-inclusive interpretation, legal interpretations might not recognise necessary distinctions and protections for biological sexes. This could lead to conflicts, especially in areas where sex-specific rights and protections are vital, such as women's shelters, sports, and public restrooms. Ambiguity might also complicate enforcing laws against sex-based discrimination.
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Erosion of Sex-Based Legal Clarity: These changes could undermine laws meant to protect specific sex-based rights. By blurring the lines between sex and 'gender identity,' the amendments might weaken legal protections aimed at addressing sex-based inequalities and harms.
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New Definitions and Clarifications of Person References (Sections 8A and 8B)
Proposed Changes:
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Section 8A introduces broad definitions that expand the interpretation of terms related to sex to include various self-identified gender identities.
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Section 8B clarifies that the term 'person' includes both corporations and individuals, regardless of context.
Concerns:
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Broad and Unclear Definitions: The proposed definitions in Section 8A could disrupt the legal clarity needed in settings like single-sex services, where biological distinctions are crucial for safety and privacy.
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Implications for Women’s Single-Sex Spaces: Mandating that all references to sex include any self-identified gender might legally require single-sex spaces to accommodate individuals based on gender identity rather than biological sex, potentially compromising safety and privacy.
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Undermining Statistical and Medical Accuracy: Broadening definitions could hinder the collection of accurate statistical data and the provision of medical services tailored to biological realities.
Recommendation:
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Maintain clarity in legal language by upholding distinctions between sex and gender identity, ensuring that laws prioritise and protect sex-based rights over unverifiable identity claims.
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Revise proposed definitions to ensure they do not erase or confuse legal recognition of sex-specific protections and rights.
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Withdraw the proposed amendments