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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:

  • 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.
     

  • 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.
     

  • 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.

New Definitions and Clarifications of Person References (Sections 8A and 8B)

Proposed Changes:

  • Section 8A introduces broad definitions that expand the interpretation of terms related to sex to include various self-identified gender identities.

  • Section 8B clarifies that the term 'person' includes both corporations and individuals, regardless of context.
     

Concerns:

  • 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.
     

  • 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.
     

  • 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:
 

  • 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.

  • Revise proposed definitions to ensure they do not erase or confuse legal recognition of sex-specific protections and rights.

  • Withdraw the proposed amendments
     

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