DISCRIMINATION LAW – sex discrimination – exemption power – where the applicant applied to the Australian Human Rights Commission for an exemption from the prohibitions on discrimination on the grounds of sex, sexual orientation and gender identity in the Sex Discrimination Act 1984 (Cth) so that it could hold public events for “lesbians born female” only – where the Commission refused the application for the exemption – where the Tribunal affirmed the decision to refuse to grant the exemption – whether the Tribunal erred in its construction of the exemption power – whether the Tribunal erred by failing to comply with the duty in s 10A of the Australian Human Rights Commission Act 1986 (Cth) – appeal allowed
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Administrative Review Tribunal dated 20 January 2025 be set aside.
3. The matter be remitted to the Administrative Review Tribunal (differently constituted) for determination according to law.
4. Within seven days, the parties provide any agreed minute of order as to costs.
5. If the parties cannot agree, then within 14 days each party file and serve a short submission on costs, and within a further 7 days each party file any short responding submission on costs, and the issue of costs then be determined on the papers.
Source: Lesbian Action Group Inc v Australian Human Rights Commission [2026] FCA 432
Great result. A clear well articulated decision. The EHRC and the Tribunal have been found to have misinterpreted and misapplied the law. Now let’s see how the Tribunal deals with it. Well done LAG.