NSWWAA have written to the Hon Jodie Harrison MP — the NSW Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault — expressing urgent concerns regarding the erosion of female-only spaces and services in NSW, as highlighted in recent parliamentary hearings, and in particular as they pertain to sport.
Minister Harrison, at the 27 February 2025 portfolio committee hearing (Justice and Communities), stated that sporting codes are ‘best placed’ to decide inclusion policies, and also that crimes in women’s spaces could be addressed after they occur. While we agree that some technical decisions may fall to sporting bodies, government has a duty to uphold overarching protections for women and girls. These include:
- Safety and fairness in sport
Ensuring female athletes can compete without competitive disadvantage or risk of injury is a fundamental protection for women and girls. Allowing male-bodied individuals in female categories deters participation and undermines equal opportunities. While international sporting bodies are moving to protect women’s categories, NSW has yet to act. - Preventing potential harm in female-only spaces such as changerooms
The Minister’s response in the hearing focused on addressing crimes after they occur; however, prevention is paramount and should not be reactive. Section 7D(1)(a) of the Sex Discrimination Act 1984 (Cth) permits female-only spaces to achieve substantive equality between the sexes and this includes the safeguarding protection afforded by such spaces. Australia is also obligated under CEDAW (CEDAW/C/GC/35, III, B 30 (c)) to maintain female-only spaces for women and girls – an obligation that NSW is currently evading. - Respecting women’s privacy and dignity
Women have a long-established expectation of, and right to, privacy in spaces where we undress, shower, or seek refuge. Granting males access to female-only spaces erodes this right and forces women and girls into potentially unsafe situations.
NSWWAA urges the NSW Government, through the Minister for Women and the Minister for the Prevention of Domestic Violence and Sexual Assault to acquit its obligations to safeguard women and girls and to restore female-only spaces and protections in NSW. In particular, NSWWAA asks the NSW Government to
- Reaffirm biological sex in policies governing female-only spaces, services, and sport.
- Engage in meaningful consultation with women’s groups in policy development, per CEDAW Article 7(b), on matters that impact us.
NSWWAA, as a member of AAWAA, values inclusion but not at the expense of safety, fairness, or the rights to privacy and dignity in female-only spaces and to fairness in female-only sporting categories set aside for women and girls.
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