Purpose of the Amendments
The proposed amendments sought to roll back aspects of Tasmania’s gender law reforms by narrowing definitions and replacing “gender” with “biological sex” throughout relevant legislation.
Key Changes Proposed
- Definitions
- Introduces “biological sex” as the male or female phenotype observable at birth.
- Removes the definition of “gender identity”.
- Introduces a new concept of “social identity” (sex-related appearance or characteristics, including transsexualism, whether by medical intervention or not).
- Removes definitions of “transgender” and “transgenderism.”
- Introduces “biological sex” as the male or female phenotype observable at birth.
- Discrimination Law
- Adds biological sex and social identity as attributes in anti-discrimination provisions.
- Removes protection on the basis of “gender identity.”
- Clarifies that sport, insurance, and other areas must be regulated on the basis of biological sex, not gender.
- Adds biological sex and social identity as attributes in anti-discrimination provisions.
- Birth Certificates
- Birth certificates could either:
- Show both current and previous names, or
- Show only the current name if the Registrar agrees.
- Show both current and previous names, or
- A new provision allows a birth certificate to be issued with no sex marker if requested by the applicant or parent/guardian (if under 18).
- Where an infant’s sex phenotype at birth is unclear, the Registrar may accept a birth registration without specifying sex.
- Birth certificates could either:
- Parliamentary Votes
- Mr. Dean proposed voting against a number of progressive clauses in the original Bill (e.g., those recognising gender identity), replacing them with amendments grounded in biological sex terminology.
- Mr. Dean proposed voting against a number of progressive clauses in the original Bill (e.g., those recognising gender identity), replacing them with amendments grounded in biological sex terminology.
Implications
- Legal Framework Shift: The amendments would shift Tasmania’s laws away from recognition of gender identity toward recognition of biological sex only.
- Clarity vs. Exclusion: While framed as clarifying the law around biological sex, the practical effect would be to restrict recognition of self-identified gender in areas like sport, documents, and discrimination protections.
- Birth Registration Flexibility: Interestingly, despite its restrictive focus, the Bill did include options for birth certificates without a sex marker and accommodation for intersex infants.
In short: Ivan Dean’s amendments aimed to undo much of Tasmania’s 2018 gender reforms by removing legal recognition of “gender identity” and reasserting biological sex as the central legal category, while allowing limited flexibility in birth registrations.
The Alternative Legislation
Attached below is the alternative amendments to the draft bill, drafted by Women Speak Tasmania member Bronwyn Williams for Ivan Dean, which offers a clearer, fairer framework that protects sex-based rights while restoring integrity to Tasmanian law.