Mr. Donal Swan:

I thank the Senator for the question. We have been clear about the importance of updating the current language that is in the Equal Status Act 2000 defining gender. There is an importance to including, as the Senator referenced, the terms of "gender identity", "gender expression" and "sex characteristics". Gender identity and gender expression relate to a person’s felt gender and to their expressed gender in terms of how they live their lives in a social way, whereas sex characteristics are particularly important for the inclusion of intersex people. The current definition does not properly cover all the discriminations that might be faced by trans people, intersex people and non-binary people.

This legislation is a real opportunity to update that language in a way that reflects all of the experiences of gender right across the board.