Appendix 3 – Implications of JRL Act for existing legislation

Legislation	Provision	Potential implications and reform recommendations
to pregnancy of a person of another gender. Arguably, this could extend to provisions relating to human embryos within the body of a woman. However, the Institute considers that it is preferable to amend s 15 of the Cloning Act to replace ‘from the body of a woman’ with ‘from the body of a human’. This language is consistent with the language currently used in s 17(2) of the Cloning Act.
Poisons Regulations 2018	It is an offence under r 88 to prescribe or supply acitretin, bexarotene, bosentan, etretinate, sitaxentan, isotretinoin, tretinoin, or thalidomide to a female patient unless satisfied that the patient is not pregnant, is incapable of becoming pregnant, or has been warned about the risks of becoming pregnant.	There is a risk that doctors may not be required to warn patients with a registered gender other than female who retain a female reproductive system of risks associated with these medicines. Section 24A of the AIA and s 28D(3)(a) of the amended BDM Act will extend the operation of r 88 to all persons. For clarity (and procedural reminder to doctors), recommend that r 88 be amended to delete ‘female’.
Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017	Schedule 1, Rule 4 sets out presumption as to cause of disease for the purposes of compensation. This includes: Breast cancer (female) cancer Exposure to ionizing radiation. to ionizing radiation. (female)	There is a risk that a pre-operative person with a registered gender other than female who has not had a mastectomy, could develop breast cancer as a result of workplace exposure and not be entitled to the causative presumption. This would put the person at a disadvantage in terms of evidence to establish a compensation claim. Recommend amending Schedule 1, Rule 4 to delete ‘female’.
Breast cancer (female)	Exposure to ionizing radiation.	There is a risk that a pre-operative person with a registered gender other than female who has not had a mastectomy, could develop breast cancer as a result of workplace exposure and not be entitled to the causative presumption. This would put the person at a disadvantage in terms of evidence to establish a compensation claim. Recommend amending Schedule 1, Rule 4 to delete ‘female’.
Record collection
Obstetric and Paediatric Mortality and Morbidity Act 1994	This Act establishes a Council to investigate and keep records of maternal deaths resulting from pregnancy or obstetrics. Statistics are to be gathered in relation to the deaths of women up to 1 year from birth. The Council is also required to report to police any offence in relation to a woman or child (including unlawful medical practices).	The death of any person identifying as male who becomes pregnant will not be required to be recorded, and may compromise the long- term statistical data regarding maternal and infant morbidity. Obligation to report potentially unlawful practices will not extend to offences against persons with a registered gender other than female who retain a female reproductive system. Section 24A of the AIA and s 28D(3)(a) of the amended BDM Act would extend the operation of the reporting requirements in