3AReferences to male and female inmates

3A References to male and female inmates

3A References to male and female inmates

(1) For the Act, section 79(1)(a)–(c1), the following factors may be considered in deciding whether an inmate is a male or female inmate for the purposes of this regulation—

(a) the risk to the safety of the inmate or others as a result of the decision,

(b) the effect of the decision on the requirements to maintain security and good order under this regulation and the Act,

(c) other factors the decision-maker considers relevant.

(2) It is not necessary that the decision is consistent with one or more of the following—

(a) the sex of the inmate recorded in a birth certificate or other identity document of the inmate,

(b) the gender identity of the inmate expressed by the inmate,

(c) the external physical sex characteristics of the inmate.

(3) In this clause—

decide includes classify.

cl 3A: Ins 2026 (36), Sch 1[1].