79Transgender and intersex detainees—sexual identity

79 Transgender and intersex detainees—sexual identity (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 director-general the sex the detainee chooses to be identified with; or (b) if the detainee fails to make a choice under paragraph (a)—the director-general 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 director-general 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 director-general must obtain a report by a doctor appointed under section 22 (Health practitioners—non-therapeutic functions) about the detainee’s sexual identity. (6) The director-general must— (a) give the detainee written notice of a decision by the director-general 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.