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\[1\].