The law is misrepresented
When discussing exemptions, the guideline uses narrow language to reduce the scope of
The Sex Discrimination Act s42 allows sports to discriminate between the sexes (called an exemption) when “strength, stamina or physique of competitors is relevant“.
The guideline uses the word “only” to narrow the scope of this exemption.
“The exemption allows for discrimination on the grounds of sex or gender identity only in ‘any competitive sporting activity in which the strength, stamina or physique of competitors is relevant’.” (Guideline p24)
The guideline then goes on to say that these words have no legal meaning in Australia.
“The words ‘strength’, ‘stamina’ and ‘physique’, and the term ‘competitive sporting activity’, are not defined in the Act. Their meanings have not been conclusively settled by the Federal Court of Australia.” (Guideline p24)
All organisations involved in drafting the Guidelines for the inclusion of transgender and gender diverse people in sport are members of ACON’s Pride in Sport.
The guidelines reflect ACON’s focus on transgender inclusion at all costs.
The guidelines discourage clubs from exercising their right to provide single-sex sports for fairness, safety and enjoyment.
The guidelines make no attempt to balance the needs of others.
The guidelines consistently show the solution to problems around transgender inclusion being to side with the transgender person and grant their wishes
Source: Did ACON Cook the Books On Sport Inclusion Guidelines? | The Lady Kit Kowalski