NSW Premier Says Laws Must Reflect Biological Sex

‘There are biological differences between people who are born male and people who are born female, and that needs to be reflected in the law,’ Chris Minns said.

Signage denoting a females only bathroom can be seen at Melbourne Airport, Australia, on Oct. 31, 2023. Susan Mortimer/The Epoch Times

New South Wales Premier Chris Minns has declared biological differences between males and females must be reflected in state law, particularly in relation to prisons and women’s sport, despite recent changes to birth certificate legislation.

Minns said the government recognised legal reforms for transgender people but maintained that certain policy areas required distinctions based on sex.

“While the NSW government has done what we can, especially as it relates to government documents for transgender members of our community, we also acknowledge that there are biological differences between people who are born male and people who are born female, and that needs to be reflected in the law,” Minns said in a press conference.

Minns said NSW would not change its approach  to female prisons or women’s sport.

“As it relates to prisons in New South Wales, and as it relates to female sport, we can’t change, and we won’t change the law as it relates to those two things,” he said.

“So if you are born biologically male and you change your government certificates to be female, it will not mean you can change from a male prison to a female prison.

“There are biological differences that are inherent, and the law needs to reflect that.”

The comments come after NSW passed reforms allowing people to change the sex listed on their birth certificates without requiring medical procedures, with the changes coming into effect in July 2025.

Minns also addressed the potential implications of the Federal Court’s decision in Tickle v Giggle decision, which found a women-only social media app discriminated against a transgender woman.

“As it relates to dating apps, I know that’s a matter for the federal court and federal politicians, but I want to make it clear in NSW, there are distinctions in the law that we must uphold,” he told reporters.

Greens upper house MP Amanda Cohn criticised the Premier’s remarks, describing them as a “harmful capitulation” to culture war politics.

“This is saying that our laws shouldn’t reflect the existence of trans and gender diverse people,” she said on Facebook.

“Trans people aren’t a threat—but politicians throwing them under a bus are.”

Opposition Pushes Sex-Based Law Changes

Liberal upper house MP Rachel Merton said she was “as surprised as anyone” by the Premier’s statement.

“Let’s see if the premier and his government practice what they now preach when parliament returns and take some real steps, including legislation, to defend women,” she said.

Federal Shadow Minister for women Melissa McIntosh said the Coalition would amend the Sex Discrimination Act to protect the rights of women on May 15.

One Nation leader Pauline Hanson has promised to do the same.

“When parliament returns, One Nation will reintroduce our bill to acknowledge biological reality,” she said on May 19.